SENATORS Carnes, Jacobson, Blessing, Goodman

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,	354
4303.182, 4303.183, 4303.184, 4303.19, 4303.20, 4303.201,	355
4303.202, 4303.203, 4303.204, 4303.21, 4303.22, 4303.23, 4303.231,	356
4501.06, 4503.101, 4503.103, 4505.06, 4506.14, 4506.15, 4506.16,	357
4506.20, 4506.24, 4508.08, 4509.60, 4511.33, 4511.62, 4511.63,	358
4519.55, 4707.071, 4707.072, 4707.10, 4709.12, 4717.07, 4717.09,	359
4719.01, 4723.01, 4723.06, 4723.07, 4723.08, 4723.082, 4723.17,	360
4723.271, 4723.34, 4723.35, 4723.431, 4723.63, 4729.01, 4729.41,	361
4731.27, 4731.65, 4731.71, 4734.15, 4736.12, 4743.05, 4747.05,	362
4747.06, 4747.07, 4747.10, 4749.01, 4749.02, 4749.03, 4749.04,	363
4749.05, 4749.06, 4749.07, 4749.08, 4749.10, 4749.11, 4749.12,	364
4749.13, 4749.14, 4751.06, 4751.07, 4755.03, 4759.08, 4771.22,	365
4779.08, 4779.17, 4779.18, 4903.24, 4905.79, 4905.91, 4919.79,	366
4928.62, 4928.63, 4931.45, 4931.47, 4931.48, 4973.17, 4981.20,	367
5101.11, 5101.14, 5101.141, 5101.142, 5101.144, 5101.145,	368
5101.146, 5101.16, 5101.162, 5101.18, 5101.181, 5101.21, 5101.211,	369
5101.212, 5101.22, 5101.24, 5101.26, 5101.27, 5101.28, 5101.35,	370
5101.36, 5101.58, 5101.59, 5101.75, 5101.80, 5101.83, 5101.97,	371
5103.031, 5103.033, 5103.034, 5103.036, 5103.037, 5103.038,	372
5103.0312, 5103.0313, 5103.0314, 5103.0315, 5103.0316, 5103.154,	373
5104.01, 5104.011, 5104.02, 5104.04, 5104.30, 5104.32, 5107.02,	374
5107.30, 5107.37, 5107.40, 5107.60, 5108.01, 5108.03, 5108.06,	375
5108.07, 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
awarding contracts for grading tests, the department shall give	20667
preference to Ohio-based entities employing Ohio residents.	20668

(2) Adopt rules for the ethical use of tests and prescribing	20669
the manner in which the tests prescribed by section 3301.0710 of	20670
the Revised Code shall be administered to students.	20671

(B) Except as provided in divisions (C) and (J) of this	20672
section, the board of education of each city, local, and exempted	20673
village school district shall, in accordance with rules adopted	20674
under division (A) of this section:	20675

(1) Administer the test prescribed under division (A)(1)(a)	20676
of section 3301.0710 of the Revised Code twice annually to all	20677
students in the third grade who have not attained the score	20678
designated for that test under division (A)(2)(b) of section	20679
3301.0710 of the Revised Code and once each summer to students	20680
receiving summer remediation services under section 3313.608 of	20681
the Revised Code.	20682

(2) Administer the tests prescribed under division (A)(1)(b)	20683
of section 3301.0710 of the Revised Code at least once annually to	20684
all students in the fourth grade.	20685

(3) Administer the tests prescribed under division (A)(1)(c)	20686
of section 3301.0710 of the Revised Code at least once annually to	20687
all students in the fifth grade.	20688

(4) Administer the tests prescribed under division (A)(1)(d)	20689
of section 3301.0710 of the Revised Code at least once annually to	20690
all students in the seventh grade.	20691

(5) Administer the tests prescribed under division (A)(1)(e)	20692
of section 3301.0710 of the Revised Code at least once annually to	20693
all students in the eighth grade.	20694

(6) Except as provided in division (B)(7) of this sections	20695
section, administer any test prescribed under division (B) of	20696
section 3301.0710 of the Revised Code as follows:	20697

(a) At least once annually to all tenth grade students and at	20698
least twice annually to all students in eleventh or twelfth grade	20699
who have not yet attained the score on that test designated under	20700
that division;	20701

(b) To any person who has successfully completed the	20702
curriculum in any high school or the individualized education	20703
program developed for the person by any high school pursuant to	20704
section 3323.08 of the Revised Code but has not received a high	20705
school diploma and who requests to take such test, at any time	20706
such test is administered in the district.	20707

(7) In lieu of the board of education of any city, local, or	20708
exempted village school district in which the student is also	20709
enrolled, the board of a joint vocational school district shall	20710
administer any test prescribed under division (B) of section	20711
3301.0710 of the Revised Code at least twice annually to any	20712
student enrolled in the joint vocational school district who has	20713
not yet attained the score on that test designated under that	20714
division. A board of a joint vocational school district may also	20715
administer such a test to any student described in division	20716
(B)(6)(b) of this section.	20717

(8) If the district has been declared to be under an academic	20718
watch or in a state of academic emergency pursuant to section	20719
3302.03 of the Revised Code, administer each test prescribed by	20720
division (F) of section 3301.0710 of the Revised Code in September	20721
to all ninth grade students, beginning in the school year that	20722
starts July 1, 2004.	20723

(C)(1)(a) Any student receiving special education services	20724
under Chapter 3323. of the Revised Code may be excused from taking	20725
any particular test required to be administered under this section	20726
if the individualized education program developed for the student	20727
pursuant to section 3323.08 of the Revised Code excuses the	20728
student from taking that test and instead specifies an alternate	20729
assessment method approved by the department of education as	20730
conforming to requirements of federal law for receipt of federal	20731
funds for disadvantaged pupils. To the extent possible, the	20732
individualized education program shall not excuse the student from	20733
taking a test unless no reasonable accommodation can be made to	20734
enable the student to take the test.	20735

(b) Any alternate assessment approved by the department for a	20736
student under this division shall produce measurable results	20737
comparable to those produced by the tests which the alternate	20738
assessments are replacing in order to allow for the student's	20739
assessment results to be included in the data compiled for a	20740
school district under section 3302.03 of the Revised Code.	20741

(c) Any student enrolled in a chartered nonpublic school who	20742
has been identified, based on an evaluation conducted in	20743
accordance with section 3323.03 of the Revised Code or section 504	20744
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	20745
794, as amended, as a child with a disability shall be excused	20746
from taking any particular test required to be administered under	20747
this section if a plan developed for the student pursuant to rules	20748
adopted by the state board excuses the student from taking that	20749
test. In the case of any student so excused from taking a test,	20750
the chartered nonpublic school shall not prohibit the student from	20751
taking the test.	20752

(2) A district board may, for medical reasons or other good	20753
cause, excuse a student from taking a test administered under this	20754
section on the date scheduled, but any such test shall be	20755
administered to such excused student not later than nine days	20756
following the scheduled date. The board shall annually report the	20757
number of students who have not taken one or more of the tests	20758
required by this section to the state board of education not later	20759
than the thirtieth day of June.	20760

(3) As used in this division, "English-limited student" means	20761
a student whose primary language is not English, who has been	20762
enrolled in United States schools for less than three full school	20763
years, and who within the school year has been identified, in	20764
accordance with criteria provided by the department of education,	20765
as lacking adequate proficiency in English for a test under this	20766
section to produce valid results with respect to that student's	20767
academic progress.	20768

A school district board or governing authority of a nonpublic	20769
school may grant a temporary, one-year exemption from any test	20770
administered under this section to an English-limited student. Not	20771
more than three temporary one-year exemptions may be granted to	20772
any student. During any school year in which a student is excused	20773
from taking one or more tests administered under this section, the	20774
school district shall assess that student's progress in learning	20775
English, in accordance with procedures approved by the department.	20776

No district board or governing authority of a chartered	20777
nonpublic school shall prohibit an English-limited student from	20778
taking a test under this section.	20779

(D) This division does not apply to any student receiving	20780
services pursuant to an individualized education program developed	20781
for the student pursuant to section 3323.08 of the Revised Code.	20782

(1) In the school year next succeeding the school year in	20783
which the tests prescribed by division (A)(1) of section 3301.0710	20784
of the Revised Code or former division (A)(1), (A)(2), or (B) of	20785
section 3301.0710 of the Revised Code as it existed prior to the	20786
effective date of this amendmentSeptember 11, 2001, are	20787
administered to any student, the board of education of any school	20788
district in which the student is enrolled in that year shall	20789
provide to the student intervention services commensurate with the	20790
student's test performance, including any intensive intervention	20791
required under section 3313.608 of the Revised Code, in any skill	20792
in which the student failed to demonstrate at least a score at the	20793
proficient level on a proficiency test or a score in the basic	20794
range on an achievement test. This division does not apply to any	20795
student receiving services pursuant to an individualized education	20796
program developed for the student pursuant to section 3323.08 of	20797
the Revised Code.	20798

(2) Following any administration of the tests prescribed by	20799
division (F) of section 3301.0710 of the Revised Code to ninth	20800
grade students, each school district that has been declared to be	20801
in a state of academic emergency pursuant to section 3302.03 of	20802
the Revised Code shall determine for each high school in the	20803
district whether the school shall be required to provide	20804
intervention services to any students who took the tests. In	20805
determining which high schools shall provide intervention services	20806
based on the resources available, the district shall consider each	20807
school's graduation rate and scores on the practice tests. If any	20808
achievement tests in reading and math are adopted by the state	20809
board of education for administration in the eighth grade, the	20810
district also shall consider the scores received by ninth grade	20811
students on those tests in the eighth grade in determining which	20812
high schools shall provide intervention services.	20813

Each high school selected to provide intervention services	20814
under this division shall provide intervention services to any	20815
student whose test results indicate that the student is failing to	20816
make satisfactory progress toward being able to attain scores at	20817
the proficient level on the Ohio Graduation Tests. Intervention	20818
services shall be provided in any skill in which a student	20819
demonstrates unsatisfactory progress and shall be commensurate	20820
with the student's test performance. Schools shall provide the	20821
intervention services prior to the end of the school year, during	20822
the summer following the ninth grade, in the next succeeding	20823
school year, or at any combination of those times.	20824

(E) Except as provided in section 3313.608 of the Revised	20825
Code and division (M) of this section, no school district board of	20826
education shall utilize any student's failure to attain a	20827
specified score on any test administered under this section as a	20828
factor in any decision to deny the student promotion to a higher	20829
grade level. However, a district board may choose not to promote	20830
to the next grade level any student who does not take any test	20831
administered under this section or make up such test as provided	20832
by division (C)(2) of this section and who is not exempted from	20833
the requirement to take the test under division (C)(1) or (3) of	20834
this section.	20835

(F) No person shall be charged a fee for taking any test	20836
administered under this section.	20837

(G) Not later than sixty days after any administration of any	20838
test prescribed by section 3301.0710 of the Revised Code, the	20839
department shall send to each school district board a list of the	20840
individual test scores of all persons taking the test. For any	20841
tests administered under this section by a joint vocational school	20842
district, the department shall also send to each city, local, or	20843
exempted village school district a list of the individual test	20844
scores of any students of such city, local, or exempted village	20845
school district who are attending school in the joint vocational	20846
school district.	20847

(H) Individual test scores on any tests administered under	20848
this section shall be released by a district board only in	20849
accordance with section 3319.321 of the Revised Code and the rules	20850
adopted under division (A) of this section. No district board or	20851
its employees shall utilize individual or aggregate test results	20852
in any manner that conflicts with rules for the ethical use of	20853
tests adopted pursuant to division (A) of this section.	20854

(I) Except as provided in division (G) of this section, the	20855
department shall not release any individual test scores on any	20856
test administered under this section and shall adopt rules to	20857
ensure the protection of student confidentiality at all times.	20858

(J) Notwithstanding division (D) of section 3311.52 of the	20859
Revised Code, this section does not apply to the board of	20860
education of any cooperative education school district except as	20861
provided under rules adopted pursuant to this division.	20862

(1) In accordance with rules that the state board of	20863
education shall adopt, the board of education of any city,	20864
exempted village, or local school district with territory in a	20865
cooperative education school district established pursuant to	20866
divisions (A) to (C) of section 3311.52 of the Revised Code may	20867
enter into an agreement with the board of education of the	20868
cooperative education school district for administering any test	20869
prescribed under this section to students of the city, exempted	20870
village, or local school district who are attending school in the	20871
cooperative education school district.	20872

(2) In accordance with rules that the state board of	20873
education shall adopt, the board of education of any city,	20874
exempted village, or local school district with territory in a	20875
cooperative education school district established pursuant to	20876
section 3311.521 of the Revised Code shall enter into an agreement	20877
with the cooperative district that provides for the administration	20878
of any test prescribed under this section to both of the	20879
following:	20880

(a) Students who are attending school in the cooperative	20881
district and who, if the cooperative district were not	20882
established, would be entitled to attend school in the city,	20883
local, or exempted village school district pursuant to section	20884
3313.64 or 3313.65 of the Revised Code;	20885

(b) Persons described in division (B)(6)(b) of this section.

20886

Any testing of students pursuant to such an agreement shall	20887
be in lieu of any testing of such students or persons pursuant to	20888
this section.	20889

(K)(1) Any chartered nonpublic school may participate in the	20890
testing program by administering any of the tests prescribed by	20891
section 3301.0710 of the Revised Code if the chief administrator	20892
of the school specifies which tests the school wishes to	20893
administer. Such specification shall be made in writing to the	20894
superintendent of public instruction prior to the first day of	20895
August of any school year in which tests are administered and	20896
shall include a pledge that the nonpublic school will administer	20897
the specified tests in the same manner as public schools are	20898
required to do under this section and rules adopted by the	20899
department.	20900

(2) The department of education shall furnish the tests	20901
prescribed by section 3301.0710 of the Revised Code to any	20902
chartered nonpublic school electing to participate under this	20903
division.	20904

(L)(1) The superintendent of the state school for the blind	20905
and the superintendent of the state school for the deaf shall	20906
administer the tests described by section 3301.0710 of the Revised	20907
Code. Each superintendent shall administer the tests in the same	20908
manner as district boards are required to do under this section	20909
and rules adopted by the department of education and in conformity	20910
with division (C)(1)(a) of this section.	20911

(2) The department of education shall furnish the tests	20912
described by section 3301.0710 of the Revised Code to each	20913
superintendent.	20914

(M) Notwithstanding division (E) of this section, a school	20915
district may use a student's failure to attain a score in at least	20916
the basic range on any of the tests described by division	20917
(A)(1)(b), (c), (d), or (e) of section 3301.0710 of the Revised	20918
Code as a factor in retaining that student in the current grade	20919
level.	20920

(N)(1) All tests required by section 3301.0710 of the Revised	20921
Code shall become public records pursuant to section 149.43 of the	20922
Revised Code on the first day of July following the school year	20923
that the test was administered.	20924

(2) The department may field test proposed test questions	20925
with samples of students to determine the validity, reliability,	20926
or appropriateness of test questions for possible inclusion in a	20927
future year's test.	20928

Field test questions shall not be considered in computing	20929
test scores for individual students. Field test questions may be	20930
included as part of the administration of any test required by	20931
section 3301.0710 of the Revised Code.	20932

(3) Any field test question administered under division	20933
(N)(2) of this section shall not be a public record. Such field	20934
test questions shall be redacted from any tests which are released	20935
as a public record pursuant to division (N)(1) of this section.	20936

Sec. 3301.0714.  (A) The state board of education shall adopt	20937
rules for a statewide education management information system. The	20938
rules shall require the state board to establish guidelines for	20939
the establishment and maintenance of the system in accordance with	20940
this section and the rules adopted under this section. The	20941
guidelines shall include:	20942

(1) Standards identifying and defining the types of data in	20943
the system in accordance with divisions (B) and (C) of this	20944
section;	20945

(2) Procedures for annually collecting and reporting the data	20946
to the state board in accordance with division (D) of this	20947
section;	20948

(3) Procedures for annually compiling the data in accordance	20949
with division (G) of this section;	20950

(4) Procedures for annually reporting the data to the public	20951
in accordance with division (H) of this section.	20952

(B) The guidelines adopted under this section shall require	20953
the data maintained in the education management information system	20954
to include at least the following:	20955

(1) Student participation and performance data, for each	20956
grade in each school district as a whole and for each grade in	20957
each school building in each school district, that includes:	20958

(a) The numbers of students receiving each category of	20959
instructional service offered by the school district, such as	20960
regular education instruction, vocational education instruction,	20961
specialized instruction programs or enrichment instruction that is	20962
part of the educational curriculum, instruction for gifted	20963
students, instruction for handicapped students, and remedial	20964
instruction. The guidelines shall require instructional services	20965
under this division to be divided into discrete categories if an	20966
instructional service is limited to a specific subject, a specific	20967
type of student, or both, such as regular instructional services	20968
in mathematics, remedial reading instructional services,	20969
instructional services specifically for students gifted in	20970
mathematics or some other subject area, or instructional services	20971
for students with a specific type of handicap. The categories of	20972
instructional services required by the guidelines under this	20973
division shall be the same as the categories of instructional	20974
services used in determining cost units pursuant to division	20975
(C)(3) of this section.	20976

(b) The numbers of students receiving support or	20977
extracurricular services for each of the support services or	20978
extracurricular programs offered by the school district, such as	20979
counseling services, health services, and extracurricular sports	20980
and fine arts programs. The categories of services required by the	20981
guidelines under this division shall be the same as the categories	20982
of services used in determining cost units pursuant to division	20983
(C)(4)(a) of this section.	20984

(c) Average student grades in each subject in grades nine	20985
through twelve;	20986

(d) Academic achievement levels as assessed by the testing of	20987
student achievement under sections 3301.0710 and 3301.0711 of the	20988
Revised Code;	20989

(e) The number of students designated as having a	20990
handicapping condition pursuant to division (C)(1) of section	20991
3301.0711 of the Revised Code;	20992

(f) The numbers of students reported to the state board	20993
pursuant to division (C)(2) of section 3301.0711 of the Revised	20994
Code;	20995

(g) Attendance rates and the average daily attendance for the	20996
year. For purposes of this division, a student shall be counted as	20997
present for any field trip that is approved by the school	20998
administration.	20999

(h) Expulsion rates;

21000

(i) Suspension rates;

21001

(j) The percentage of students receiving corporal punishment;

21002

(k) Dropout rates;

21003

(l) Rates of retention in grade;

21004

(m) For pupils in grades nine through twelve, the average	21005
number of carnegie units, as calculated in accordance with state	21006
board of education rules;	21007

(n) Graduation rates, to be calculated in a manner specified	21008
by the department of education that reflects the rate at which	21009
students who were in the ninth grade three years prior to the	21010
current year complete school and that is consistent with	21011
nationally accepted reporting requirements;	21012

(o) Results of diagnostic assessments administered to	21013
kindergarten students as required under section 3301.0715 of the	21014
Revised Code to permit a comparison of the academic readiness of	21015
kindergarten students. However, no district shall be required to	21016
report to the department the results of any diagnostic assessment	21017
administered to a kindergarten student if the parent of that	21018
student requests the district not to report those results.	21019

(2) Personnel and classroom enrollment data for each school	21020
district, including:	21021

(a) The total numbers of licensed employees and nonlicensed	21022
employees and the numbers of full-time equivalent licensed	21023
employees and nonlicensed employees providing each category of	21024
instructional service, instructional support service, and	21025
administrative support service used pursuant to division (C)(3) of	21026
this section. The guidelines adopted under this section shall	21027
require these categories of data to be maintained for the school	21028
district as a whole and, wherever applicable, for each grade in	21029
the school district as a whole, for each school building as a	21030
whole, and for each grade in each school building.	21031

(b) The total number of employees and the number of full-time	21032
equivalent employees providing each category of service used	21033
pursuant to divisions (C)(4)(a) and (b) of this section, and the	21034
total numbers of licensed employees and nonlicensed employees and	21035
the numbers of full-time equivalent licensed employees and	21036
nonlicensed employees providing each category used pursuant to	21037
division (C)(4)(c) of this section. The guidelines adopted under	21038
this section shall require these categories of data to be	21039
maintained for the school district as a whole and, wherever	21040
applicable, for each grade in the school district as a whole, for	21041
each school building as a whole, and for each grade in each school	21042
building.	21043

(c) The total number of regular classroom teachers teaching	21044
classes of regular education and the average number of pupils	21045
enrolled in each such class, in each of grades kindergarten	21046
through five in the district as a whole and in each school	21047
building in the school district.	21048

(3)(a) Student demographic data for each school district,	21049
including information regarding the gender ratio of the school	21050
district's pupils, the racial make-up of the school district's	21051
pupils, and an appropriate measure of the number of the school	21052
district's pupils who reside in economically disadvantaged	21053
households. The demographic data shall be collected in a manner to	21054
allow correlation with data collected under division (B)(1) of	21055
this section. Categories for data collected pursuant to division	21056
(B)(3) of this section shall conform, where appropriate, to	21057
standard practices of agencies of the federal government.	21058

(b) With respect to each student entering kindergarten,	21059
whether the student previously participated in a public preschool	21060
program, a private preschool program, or a head start program, and	21061
the number of years the student participated in each of these	21062
programs.	21063

(C) The education management information system shall include	21064
cost accounting data for each district as a whole and for each	21065
school building in each school district. The guidelines adopted	21066
under this section shall require the cost data for each school	21067
district to be maintained in a system of mutually exclusive cost	21068
units and shall require all of the costs of each school district	21069
to be divided among the cost units. The guidelines shall require	21070
the system of mutually exclusive cost units to include at least	21071
the following:	21072

(1) Administrative costs for the school district as a whole.	21073
The guidelines shall require the cost units under this division	21074
(C)(1) to be designed so that each of them may be compiled and	21075
reported in terms of average expenditure per pupil in formula ADM	21076
in the school district, as determined pursuant to section 3317.03	21077
of the Revised Code.	21078

(2) Administrative costs for each school building in the	21079
school district. The guidelines shall require the cost units under	21080
this division (C)(2) to be designed so that each of them may be	21081
compiled and reported in terms of average expenditure per	21082
full-time equivalent pupil receiving instructional or support	21083
services in each building.	21084

(3) Instructional services costs for each category of	21085
instructional service provided directly to students and required	21086
by guidelines adopted pursuant to division (B)(1)(a) of this	21087
section. The guidelines shall require the cost units under	21088
division (C)(3) of this section to be designed so that each of	21089
them may be compiled and reported in terms of average expenditure	21090
per pupil receiving the service in the school district as a whole	21091
and average expenditure per pupil receiving the service in each	21092
building in the school district and in terms of a total cost for	21093
each category of service and, as a breakdown of the total cost, a	21094
cost for each of the following components:	21095

(a) The cost of each instructional services category required	21096
by guidelines adopted under division (B)(1)(a) of this section	21097
that is provided directly to students by a classroom teacher;	21098

(b) The cost of the instructional support services, such as	21099
services provided by a speech-language pathologist, classroom	21100
aide, multimedia aide, or librarian, provided directly to students	21101
in conjunction with each instructional services category;	21102

(c) The cost of the administrative support services related	21103
to each instructional services category, such as the cost of	21104
personnel that develop the curriculum for the instructional	21105
services category and the cost of personnel supervising or	21106
coordinating the delivery of the instructional services category.	21107

(4) Support or extracurricular services costs for each	21108
category of service directly provided to students and required by	21109
guidelines adopted pursuant to division (B)(1)(b) of this section.	21110
The guidelines shall require the cost units under division (C)(4)	21111
of this section to be designed so that each of them may be	21112
compiled and reported in terms of average expenditure per pupil	21113
receiving the service in the school district as a whole and	21114
average expenditure per pupil receiving the service in each	21115
building in the school district and in terms of a total cost for	21116
each category of service and, as a breakdown of the total cost, a	21117
cost for each of the following components:	21118

(a) The cost of each support or extracurricular services	21119
category required by guidelines adopted under division (B)(1)(b)	21120
of this section that is provided directly to students by a	21121
licensed employee, such as services provided by a guidance	21122
counselor or any services provided by a licensed employee under a	21123
supplemental contract;	21124

(b) The cost of each such services category provided directly	21125
to students by a nonlicensed employee, such as janitorial	21126
services, cafeteria services, or services of a sports trainer;	21127

(c) The cost of the administrative services related to each	21128
services category in division (C)(4)(a) or (b) of this section,	21129
such as the cost of any licensed or nonlicensed employees that	21130
develop, supervise, coordinate, or otherwise are involved in	21131
administering or aiding the delivery of each services category.	21132

(D)(1) The guidelines adopted under this section shall	21133
require school districts to collect information about individual	21134
students, staff members, or both in connection with any data	21135
required by division (B) or (C) of this section or other reporting	21136
requirements established in the Revised Code. The guidelines may	21137
also require school districts to report information about	21138
individual staff members in connection with any data required by	21139
division (B) or (C) of this section or other reporting	21140
requirements established in the Revised Code. The guidelines shall	21141
not authorize school districts to request social security numbers	21142
of individual students. The guidelines shall prohibit the	21143
reporting under this section of a student's name, address, and	21144
social security number to the state board of education or the	21145
department of education. The guidelines shall also prohibit the	21146
reporting under this section of any personally identifiable	21147
information about any student, except for the purpose of assigning	21148
the data verification code required by division (D)(2) of this	21149
section, to any other person unless such person is employed by the	21150
school district or the data acquisition site operated under	21151
section 3301.075 of the Revised Code and is authorized by the	21152
district or acquisition site to have access to such information.	21153
The guidelines may require school districts to provide the social	21154
security numbers of individual staff members.	21155

(2) The guidelines shall provide for each school district or	21156
community school to assign a data verification code that is unique	21157
on a statewide basis over time to each student whose initial Ohio	21158
enrollment is in that district or school and to report all	21159
required individual student data for that student utilizing such	21160
code. The guidelines shall also provide for assigning data	21161
verification codes to all students enrolled in districts or	21162
community schools on the effective date of the guidelines	21163
established under this section.	21164

Individual student data shall be reported to the department	21165
through the data acquisition sites utilizing the code but at no	21166
time shall the state board or the department have access to	21167
information that would enable any data verification code to be	21168
matched to personally identifiable student data.	21169

Each school district shall ensure that the data verification	21170
code is included in the student's records reported to any	21171
subsequent school district or community school in which the	21172
student enrolls and shall remove all references to the code in any	21173
records retained in the district or school that pertain to any	21174
student no longer enrolled. Any such subsequent district or school	21175
shall utilize the same identifier in its reporting of data under	21176
this section.	21177

(E) The guidelines adopted under this section may require	21178
school districts to collect and report data, information, or	21179
reports other than that described in divisions (A), (B), and (C)	21180
of this section for the purpose of complying with other reporting	21181
requirements established in the Revised Code. The other data,	21182
information, or reports may be maintained in the education	21183
management information system but are not required to be compiled	21184
as part of the profile formats required under division (G) of this	21185
section or the annual statewide report required under division (H)	21186
of this section.	21187

(F) Beginning with the school year that begins July 1, 1991,	21188
the board of education of each school district shall annually	21189
collect and report to the state board, in accordance with the	21190
guidelines established by the board, the data required pursuant to	21191
this section. A school district may collect and report these data	21192
notwithstanding section 2151.358 or 3319.321 of the Revised Code.	21193

(G) The state board shall, in accordance with the procedures	21194
it adopts, annually compile the data reported by each school	21195
district pursuant to division (D) of this section. The state board	21196
shall design formats for profiling each school district as a whole	21197
and each school building within each district and shall compile	21198
the data in accordance with these formats. These profile formats	21199
shall:	21200

(1) Include all of the data gathered under this section in a	21201
manner that facilitates comparison among school districts and	21202
among school buildings within each school district;	21203

(2) Present the data on academic achievement levels as	21204
assessed by the testing of student achievement maintained pursuant	21205
to division (B)(1)(e) of this section so that the academic	21206
achievement levels of students who are excused from taking any	21207
such test pursuant to division (C)(1) of section 3301.0711 of the	21208
Revised Code are distinguished from the academic achievement	21209
levels of students who are not so excused.	21210

(H)(1) The state board shall, in accordance with the	21211
procedures it adopts, annually prepare a statewide report for all	21212
school districts and the general public that includes the profile	21213
of each of the school districts developed pursuant to division (G)	21214
of this section. Copies of the report shall be sent to each school	21215
district.	21216

(2) The state board shall, in accordance with the procedures	21217
it adopts, annually prepare an individual report for each school	21218
district and the general public that includes the profiles of each	21219
of the school buildings in that school district developed pursuant	21220
to division (G) of this section. Copies of the report shall be	21221
sent to the superintendent of the district and to each member of	21222
the district board of education.	21223

(3) Copies of the reports received from the state board under	21224
divisions (H)(1) and (2) of this section shall be made available	21225
to the general public at each school district's offices. Each	21226
district board of education shall make copies of each report	21227
available to any person upon request and payment of a reasonable	21228
fee for the cost of reproducing the report. The board shall	21229
annually publish in a newspaper of general circulation in the	21230
school district, at least twice during the two weeks prior to the	21231
week in which the reports will first be available, a notice	21232
containing the address where the reports are available and the	21233
date on which the reports will be available.	21234

(I) Any data that is collected or maintained pursuant to this	21235
section and that identifies an individual pupil is not a public	21236
record for the purposes of section 149.43 of the Revised Code.	21237

(J) As used in this section:

21238

(1) "School district" means any city, local, exempted	21239
village, or joint vocational school district.	21240

(2) "Cost" means any expenditure for operating expenses made	21241
by a school district excluding any expenditures for debt	21242
retirement except for payments made to any commercial lending	21243
institution for any loan approved pursuant to section 3313.483 of	21244
the Revised Code.	21245

(K) Any person who removes data from the information system	21246
established under this section for the purpose of releasing it to	21247
any person not entitled under law to have access to such	21248
information is subject to section 2913.42 of the Revised Code	21249
prohibiting tampering with data.	21250

(L) Any time the department of education determines that a	21251
school district has taken any of the actions described under	21252
division (L)(1), (2), or (3) of this section, it shall make a	21253
report of the actions of the district, send a copy of the report	21254
to the superintendent of such school district, and maintain a copy	21255
of the report in its files:	21256

(1) The school district fails to meet any deadline	21257
established pursuant to this section for the reporting of any data	21258
to the education management information system;	21259

(2) The school district fails to meet any deadline	21260
established pursuant to this section for the correction of any	21261
data reported to the education management information system;	21262

(3) The school district reports data to the education	21263
management information system in a condition, as determined by the	21264
department, that indicates that the district did not make a good	21265
faith effort in reporting the data to the system.	21266

Any report made under this division shall include	21267
recommendations for corrective action by the school district.	21268

Upon making a report for the first time in a fiscal year, the	21269
department shall withhold ten per cent of the total amount due	21270
during that fiscal year under Chapter 3317. of the Revised Code to	21271
the school district to which the report applies. Upon making a	21272
second report in a fiscal year, the department shall withhold an	21273
additional twenty per cent of such total amount due during that	21274
fiscal year to the school district to which the report applies.	21275
The department shall not release such funds unless it determines	21276
that the district has taken corrective action. However, no such	21277
release of funds shall occur if the district fails to take	21278
corrective action within forty-five days of the date upon which	21279
the report was made by the department.	21280

(M) The department of education, after consultation with the	21281
Ohio education computer network, may provide at no cost to school	21282
districts uniform computer software for use in reporting data to	21283
the education management information system, provided that no	21284
school district shall be required to utilize such software to	21285
report data to the education management information system if such	21286
district is so reporting data in an accurate, complete, and timely	21287
manner in a format compatible with that required by the education	21288
management information systemNo data acquisition site or school	21289
district shall acquire, change, or update its student	21290
administration software package to manage and report data required	21291
to be reported to the department unless it converts to a student	21292
software package that is certified by the department.	21293

(N) The state board of education, in accordance with sections	21294
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	21295
license as defined under division (A) of section 3319.31 of the	21296
Revised Code that has been issued to any school district employee	21297
found to have willfully reported erroneous, inaccurate, or	21298
incomplete data to the education management information system.	21299

(O) No person shall release or maintain any information about	21300
any student in violation of this section. Whoever violates this	21301
division is guilty of a misdemeanor of the fourth degree.	21302

(P) The department shall disaggregate the data collected	21303
under division (B)(1)(o) of this section according to the race and	21304
socioeconomic status of the students assessed. No data collected	21305
under that division shall be included on the report cards required	21306
by section 3302.03 of the Revised Code.	21307

(Q) If the department cannot compile any of the information	21308
required by division (D)(5) of section 3302.03 of the Revised Code	21309
based upon the data collected under this section, the department	21310
shall develop a plan and a reasonable timeline for the collection	21311
of any data necessary to comply with that division.	21312

Sec. 3301.31.  As used in this section and sections 3301.32	21313
to 3301.38 of the Revised Code:	21314

(A) "Eligible individual" means an individual eligible for	21315
Title IV-A services.	21316

(B) "Head start agency" means any or all of the following:

21317

(1) An entity in this state that has been approved to be an	21318
agency for purposes of the "Head Start Act," 95 Stat. 489 (1981),	21319
42 U.S.C. 9831, as amended;	21320

(2) A Title IV-A head start agency;

21321

(3) A Title IV-A head start plus agency.

21322

(C) "Head start program" has the same meaning as in section	21323
5104.01 of the Revised Code.	21324

(D) "Title IV-A services" means benefits and services that	21325
are allowable under Title IV-A of the "Social Security Act," as	21326
specified in 42 U.S.C.A 604(a), except that they shall not be	21327
benefits and services included in the term "assistance" as defined	21328
in 45 C.F.R. 260.31(a) and shall be benefits and services that are	21329
excluded from the definition of the term "assistance" under 45	21330
C.F.R. 260.31(b).	21331

(E) "Title IV-A head start agency" means an agency receiving	21332
funds to operate a head start program as prescribed in section	21333
3301.34 of the Revised Code.	21334

(F) "Title IV-A head start plus agency" means an agency	21335
receiving funds to operate a head start program as prescribed in	21336
section 3301.35 of the Revised Code.	21337

Sec. 3301.33. (A) There is hereby established the Title IV-A	21338
head start program to provide head start program services to	21339
eligible individuals.	21340

(B) In accordance with the interagency agreement described in	21341
division (C) of this section, there is hereby established the	21342
Title IV-A head start plus program to provide year-long head start	21343
program services and child care services to eligible individuals.	21344

(C) The programs established under divisions (A) and (B) of	21345
this section shall be administered by the department of education	21346
in accordance with an interagency agreement entered into with the	21347
department of job and family services under section 5101.801 of	21348
the Revised Code. This interagency agreement shall establish the	21349
implementation date of the Title IV-A head start plus program,	21350
which is July 1, 2004. The programs shall provide Title IV-A	21351
services to eligible individuals who meet eligibility requirements	21352
established in rules and administrative orders adopted by the	21353
department of job and family services under Chapter 5104. of the	21354
Revised Code. The department of job and family services and the	21355
department of education jointly shall adopt policies and	21356
procedures establishing program requirements for eligibility,	21357
services, program administration, fiscal accountability, and other	21358
criteria necessary to comply with the provisions of Title IV-A of	21359
the "Social Security Act," 110 Stat. 2113, 42 U.S.C. 601 (1996),	21360
as amended.	21361

The department of education shall be responsible for	21362
approving all Title IV-A head start agencies and Title IV-A head	21363
start plus agencies for provision of services under the programs	21364
established under this section. An agency that is not approved by	21365
the department shall not be reimbursed for the cost of providing	21366
services under the programs.	21367

Sec. 3301.34. In administering the Title IV-A head start	21368
program established under division (A) of section 3301.33 of the	21369
Revised Code, the department of education shall enter into a	21370
contract with each Title IV-A head start agency establishing the	21371
terms and conditions applicable to the provision of Title IV-A	21372
services for eligible individuals. The contracts shall specify the	21373
respective duties of the Title IV-A head start agencies and the	21374
department of education, reporting requirements, eligibility	21375
requirements, reimbursement methodology, audit requirements, and	21376
other provisions determined necessary. The department of education	21377
shall reimburse the Title IV-A head start agencies for Title IV-A	21378
services provided to individuals determined eligible for Title	21379
IV-A services by the county department of job and family services	21380
in accordance with the terms of the contract, policies and	21381
procedures adopted by the department of education and the	21382
department of job and family services under section 3301.33 of the	21383
Revised Code, and the interagency agreement entered into by the	21384
departments.	21385

The department of education shall ensure that all	21386
reimbursements paid to a Title IV-A head start agency are only for	21387
Title IV-A services.	21388

The department of education shall ensure that all	21389
reimbursements paid to a Title IV-A head start agency are for only	21390
those individuals for Title IV-A services by the appropriate	21391
county department of job and family services, as provided for in	21392
section 3301.36 of the Revised Code.	21393

Sec. 3301.35. (A) In administering the Title IV-A head start	21394
plus program established under division (B) of section 3301.33,	21395
the department of education shall enter into a contract with each	21396
Title IV-A head start plus agency under which the department shall	21397
reimburse the agency for allowable expenses in connection to	21398
services provided to eligible individuals.	21399

(B) Each county department of job and family services shall	21400
assist the department of education in administering the program	21401
within its respective county in accordance with requirements	21402
established by the state department of job and family services	21403
under section 5101.801 of the Revised Code. The county department	21404
shall ensure that all reimbursements paid to a Title IV-A head	21405
start plus agency are for only Title IV-A services.	21406

The administration of the Title IV-A head start plus program	21407
by the county department shall include all of the following:	21408

(1) Determining eligibility of individuals and establishing	21409
co-payment requirements in accordance with rules adopted by the	21410
state department of job and family services;	21411

(2) Ensuring that any invoices from a Title IV-A head start	21412
plus agency comply with requirements of Title IV-A of the "Social	21413
Security Act," 110 Stat. 2113, 42 U.S.C. 601 (1996), as amended,	21414
including eligibility of individuals, reporting requirements,	21415
allowable benefits and services, use of funds, and audit	21416
requirements, as specified in state and federal laws and	21417
regulations, United States office of management and budget	21418
circulars, and the Title IV-A state plan;	21419

(3) Monitoring each Title IV-A head start plus agency that	21420
receives Title IV-A funds. The county department is responsible	21421
for assuring that all Title IV-A funds are used solely for	21422
purposes allowable under federal regulations, section 5101.801 of	21423
the Revised Code, and the Title IV-A state plan and shall take	21424
prompt action to recover funds that are not expended accordingly.	21425

(C) The department of education shall enter into contracts	21426
with only those agencies that have been approved by the department	21427
of education as a Title IV-A head start plus agency and that have	21428
been licensed in accordance with section 3301.37 of the Revised	21429
Code. Each contract entered into under this division shall specify	21430
all of the following:	21431

(1) Requirements applicable to the allowable use of and	21432
accountability for Title IV-A funds;	21433

(2) Requirements for access, inspection, and examination of	21434
the agency's financial and program records by the county	21435
department, the state department of job and family services, the	21436
department of education, the auditor of state, and any other state	21437
or federal agency with authority to inspect and examine such	21438
records;	21439

(3) Applicable audit requirements applicable to funds	21440
received under the contract;	21441

(4) Reporting requirements by and for the county department,	21442
the state department of job and family services, and the	21443
department of education;	21444

(5) Provisions for the department of education to suspend,	21445
modify, or terminate the contract if the department of education	21446
suspends or removes the agency from the list of approved Title	21447
IV-A head start plus agencies or if the state department of job	21448
and family services denies or revokes a license for the agency.	21449

Sec. 3301.36. Each county department of job and family	21450
services shall determine eligibility for Title IV-A services for	21451
individuals seeking Title IV-A services from a Title IV-A head	21452
start agency or Title IV-A head start plus agency.	21453

Sec. 3301.37. (A) Each entity operating a head start program	21454
shall be licensed or certified by the department of job and family	21455
services in accordance with Chapter 5104. of the Revised Code.	21456

(B) Notwithstanding division (A) of this section, any current	21457
license issued under section 3301.58 of the Revised Code by the	21458
department of education to an entity operating a head start	21459
program prior to the effective date of this section is hereby	21460
deemed to be a license issued by the department of job and family	21461
services under Chapter 5104. of the Revised Code. The expiration	21462
date of the license shall be the earlier of the expiration date	21463
specified in the license as issued under section 3301.58 of the	21464
Revised Code or September 1, 2005. In order to continue operation	21465
of its head start program after that expiration date, the entity	21466
shall obtain a license as prescribed in division (A) of this	21467
section.	21468

Sec. 3301.38. (A) The department of education shall adopt	21469
policies and procedures for the approval, suspension, and removal	21470
of Title IV-A head start and Title IV-A head start plus agencies	21471
from the approved list of providers.	21472

(B) If a head start program that received state funding prior	21473
to July 1, 2001, waives its right to state funding or has its	21474
state funding eliminated for not meeting financial standards or	21475
program performance standards, the grantee or delegates shall	21476
transfer control of title to property, equipment, and remaining	21477
supplies purchased with state funds to the department along with	21478
any reports prescribed by the department.	21479

(C) Title IV-A head start awards shall be distributed on a	21480
per-pupil basis, which the department may adjust so that the per	21481
pupil amount multiplied by the number of eligible children	21482
enrolled and receiving services, as defined by the department of	21483
education, reported on the first day of December or the first	21484
business day following that date equals the amount allocated.	21485

(D) The department of education shall prescribe the	21486
assessment instrument and determine target levels for critical	21487
performance indicators for the purpose of assessing Title IV-A	21488
head start and Title IV-A head start plus agencies. Onsite reviews	21489
and follow-up visits shall be based on progress in meeting the	21490
prescribed target levels.	21491

(E) The department of education shall require Title IV-A head	21492
start and Title IV-A head start plus agencies to:	21493

(1) Address federal head start education and assessment	21494
performance standards, as required by 45 C.F.R. 1304.20 to 1304.41	21495
and the Ohio department of education pre-kindergarten math and	21496
literacy content standards;	21497

(2) Comply with the department of education prescribed	21498
assessment requirements that are aligned with the assessment	21499
system for kindergarten through twelfth grade;	21500

(3) Comply with federal head start performance standards for	21501
comprehensive services in health, nutrition, mental health, family	21502
partnership, and social services as required by 45 C.F.R. 1304.20	21503
to 1304.41;	21504

(4) Require teachers to attend a minimum of twenty hours of	21505
professional development as prescribed by the department of	21506
education regarding the implementation of content standards and	21507
assessment; and	21508

(5) Document and report child progress using research-based	21509
indicators as prescribed by the department.	21510

(F) Costs for developing and administering a Title IV-A head	21511
start or Title IV-A head start plus program may not exceed fifteen	21512
percent of the total approved costs of the program.	21513

(G) In consultation with the department of job and family	21514
services, the department of education shall establish program	21515
requirements for Title IV-A head start and Title IV-A head start	21516
plus agencies.	21517

(H) The department of education may examine the financial and	21518
program records of Title IV-A head start agencies and Title IV-A	21519
head start plus agencies. The department of education shall	21520
monitor these agencies to ensure that all Title IV-A funds are	21521
used solely for purposes allowable under federal regulations,	21522
section 5101.801 of the Revised Code, and the Title IV-A state	21523
plan and shall take prompt action to recover funds that are not	21524
expended accordingly. The department of job and family services	21525
may examine the financial records of Title IV-A head start	21526
agencies and Title IV-A head start plus agencies.	21527

(I)(1) A Title IV-A head start agency or Title IV-A head	21528
start plus agency shall propose and implement a corrective action	21529
plan that has been approved by the department of education when	21530
the department determines either of the following:	21531

(a) The financial practices of the Title IV-A head start	21532
agency are not in accordance with standard accounting principles	21533
and federal requirements or do not meet financial standards	21534
required in the contract as specified under division (C) of	21535
section 3301.35 of the Revised Code;	21536

(b) The Title IV-A head start or Title IV-A head start plus	21537
agency fails to substantially meet the head start performance	21538
standards or exhibits below average performance as measured	21539
against the performance indicators.	21540

(2) The approved corrective action plan shall be signed by	21541
the appropriate official and agency governance body.	21542

(3) The corrective action plan shall include a schedule of	21543
monitoring by the department of education. This monitoring may	21544
include monthly reports, inspections, a timeline for correction of	21545
deficiencies, and technical assistance to be provided by the	21546
department or obtained by the Title IV-A head start agency or	21547
Title IV-A head start plus agency. The department may withhold	21548
funding to a Title IV-A head start agency or a Title IV-A head	21549
start plus agency.	21550

(4) If a Title IV-A head start agency or a Title IV-A head	21551
start plus agency fails to satisfactorily complete a corrective	21552
action, the department may suspend or terminate part or all of the	21553
funding to the agency and may remove the agency from the approved	21554
list.	21555

(J) The department shall provide technical assistance to	21556
Title IV-A head start agencies in administering Title IV-A head	21557
start programs and to Title IV-A head start plus agencies and	21558
child care partners in administering head start plus programs.	21559

Sec. 3301.33.        Sec. 3301.40.  (A) As used in this section, "adult	21560
education" has the meaning as established under the "adult	21561
education act," 102 Stat. 302 (1988), 20 U.S.C. 1201a(2), as	21562
amended.	21563

(B) Beginning July 1, 1996, the department of education may	21564
distribute state funds to organizations that quality for federal	21565
funds under the "Adult Education Act," 102 Stat. 302 (1988), 20	21566
1201 to 1213d, as amended. The funds shall be used by qualifying	21567
organizations to provide adult education services. State funds	21568
distributed pursuant to this section shall be distributed in	21569
accordance with the rules adopted by the state board of education	21570
pursuant to this section.	21571

Each organization that receives funds under this section	21572
shall file program performance reports with the department. The	21573
reports shall be filed at times required by state board of	21574
education rule and contain assessments of individual students as	21575
they enter, progress through, and exit the adult education	21576
program; records regarding individual student program	21577
participation time; reports of individual student retention rates;	21578
and any other information required by rule.	21579

(C) The state board of education shall adopt rules for the	21580
distribution of funds under this section. The rules shall include	21581
the following:	21582

(1) Requirements for program performance reports.

21583

(2) Indicators of adult education program quality, including	21584
indicators of learner achievement, program environment, program	21585
planning, curriculum and instruction, staff development, support	21586
services, and recruitment and retention.	21587

(3) A formula for the distribution of funds under this	21588
section. The formula shall include as a factor an organization's	21589
quantifiable success in meeting the indicators of program quality	21590
established pursuant to division (C)(2) of this section.	21591

(4) Standards and procedures for reducing or discontinuing	21592
funding to organizations that fail to meet the requirements of	21593
this section.	21594

(5) Any other requirements or standards considered	21595
appropriate by the board.	21596

Sec. 3301.52.  As used in sections 3301.52 to 3301.59 of the	21597
Revised Code:	21598

(A) "Preschool program" means either of the following:

21599

(1) A child day-care program for preschool children that is	21600
operated by a school district board of education,or an eligible	21601
nonpublic school, a head start grantee, or a head start delegate	21602
agency.	21603

(2) A child day-care program for preschool children age three	21604
or older that is operated by a county MR/DD board.	21605

(B) "Preschool child" or "child" means a child who has not	21606
entered kindergarten and is not of compulsory school age.	21607

(C) "Parent, guardian, or custodian" means the person or	21608
government agency that is or will be responsible for a child's	21609
school attendance under section 3321.01 of the Revised Code.	21610

(D) "Superintendent" means the superintendent of a school	21611
district or the chief administrative officer of an eligible	21612
nonpublic school.	21613

(E) "Director" means the director, head teacher, elementary	21614
principal, or site administrator who is the individual on site and	21615
responsible for supervision of a preschool program.	21616

(F) "Preschool staff member" means a preschool employee whose	21617
primary responsibility is care, teaching, or supervision of	21618
preschool children.	21619

(G) "Nonteaching employee" means a preschool program or	21620
school child program employee whose primary responsibilities are	21621
duties other than care, teaching, and supervision of preschool	21622
children or school children.	21623

(H) "Eligible nonpublic school" means a nonpublic school	21624
chartered as described in division (B)(8) of section 5104.02 of	21625
the Revised Code or chartered by the state board of education for	21626
any combination of grades one through twelve, regardless of	21627
whether it also offers kindergarten.	21628

(I) "County MR/DD board" means a county board of mental	21629
retardation and developmental disabilities.	21630

(J) "School child program" means a child day-care program for	21631
only school children that is operated by a school district board	21632
of education, county MR/DD board, or eligible nonpublic school.	21633

(K) "School child" and "child day-care" have the same	21634
meanings as in section 5104.01 of the Revised Code.	21635

(L) "School child program staff member" means an employee	21636
whose primary responsibility is the care, teaching, or supervision	21637
of children in a school child program.	21638

(M) "Head start" means a program operated in accordance with	21639
subchapter II of the "Community Economic Development Act," 95	21640
Stat. 489 (1981), 42 U.S.C. 9831, and amendments thereto.	21641

Sec. 3301.53.  (A) Not later than July 1, 1988, the state	21642
board of education, in consultation with the director of job and	21643
family services, shall formulate and prescribe by rule adopted	21644
under Chapter 119. of the Revised Code minimum standards to be	21645
applied to preschool programs operated by school district boards	21646
of education, county MR/DD boards, or eligible nonpublic schools,	21647
head start grantees, and head start delegate agencies. The rules	21648
shall include the following:	21649

(1) Standards ensuring that the preschool program is located	21650
in a safe and convenient facility that accommodates the enrollment	21651
of the program, is of the quality to support the growth and	21652
development of the children according to the program objectives,	21653
and meets the requirements of section 3301.55 of the Revised Code;	21654

(2) Standards ensuring that supervision, discipline, and	21655
programs will be administered according to established objectives	21656
and procedures;	21657

(3) Standards ensuring that preschool staff members and	21658
nonteaching employees are recruited, employed, assigned,	21659
evaluated, and provided inservice education without discrimination	21660
on the basis of age, color, national origin, race, or sex; and	21661
that preschool staff members and nonteaching employees are	21662
assigned responsibilities in accordance with written position	21663
descriptions commensurate with their training and experience;	21664

(4) A requirement that boards of education intending to	21665
establish a preschool program on or after March 17, 1989,	21666
demonstrate a need for a preschool program that is not being met	21667
by any existing program providing child day-care, prior to	21668
establishing the program;	21669

(5) Requirements that children participating in preschool	21670
programs have been immunized to the extent considered appropriate	21671
by the state board to prevent the spread of communicable disease;	21672

(6) Requirements that the parents of preschool children	21673
complete the emergency medical authorization form specified in	21674
section 3313.712 of the Revised Code.	21675

(B) The state board of education in consultation with the	21676
director of job and family services shall ensure that the rules	21677
adopted by the state board under sections 3301.52 to 3301.58 of	21678
the Revised Code are consistent with and meet or exceed the	21679
requirements of Chapter 5104. of the Revised Code with regard to	21680
child day-care centers. The state board and the director of job	21681
and family services shall review all such rules at least once	21682
every five years.	21683

(C) On or before January 1, 1992, the state board of	21684
education, in consultation with the director of job and family	21685
services, shall adopt rules for school child programs that are	21686
consistent with and meet or exceed the requirements of the rules	21687
adopted for school child day-care centers under Chapter 5104. of	21688
the Revised Code.	21689

Sec. 3301.54.  (A)(1) Each preschool program shall be	21690
directed and supervised by a director, a head teacher, an	21691
elementary principal, or a site administrator who is on site and	21692
responsible for supervision of the program. Except as otherwise	21693
provided in division (A)(2), (3), or (4) of this section, this	21694
person shall hold a valid educator license designated as	21695
appropriate for teaching or being an administrator in a preschool	21696
setting issued pursuant to section 3319.22 of the Revised Code and	21697
have completed at least four courses in child development or early	21698
childhood education from an accredited college, university, or	21699
technical college.	21700

(2) If the person was employed prior to July 1, 1988, by a	21701
school district board of education or an eligible nonpublic school	21702
to direct a preschool program, the person shall be considered to	21703
meet the requirements of this section if the person holds a valid	21704
kindergarten-primary certificate described under former division	21705
(A) of section 3319.22 of the Revised Code as it existed on	21706
January 1, 1996.	21707

(3) If the person is employed to direct a preschool program	21708
operated by an eligible, nontax-supported, nonpublic school, the	21709
person shall be considered to meet the requirements of this	21710
section if the person holds a valid teaching certificate issued in	21711
accordance with section 3301.071 of the Revised Code.	21712

(4) If the person is a site administrator for a head start	21713
grantee or head start delegate agency, the person shall be	21714
considered to meet the requirements of this section if the person	21715
provides evidence that the person has attained at least a high	21716
school diploma or certification of high school equivalency issued	21717
by the state board of education or a comparable agency of another	21718
state, and that the person meets at least one of the following	21719
requirements:	21720

(a) Two years of experience working as a child-care staff	21721
member in a child day-care center or preschool program and at	21722
least four courses in child development or early childhood	21723
education from an accredited college, university, or technical	21724
college, except that a person who has two years of experience	21725
working as a child-care staff member in a particular day-care	21726
center or preschool program and who has been promoted to or	21727
designated director shall have one year from the time the person	21728
was promoted or designated to complete the required four courses;	21729

(b) Two years of training in an accredited college,	21730
university, or technical college that includes at least four	21731
courses in child development or early childhood education;	21732

(c) A child development associate credential issued by the	21733
national child development associate credentialing commission;	21734

(d) An associate or higher degree in child development or	21735
early childhood education from an accredited college, university,	21736
or technical college.	21737

(B) Each preschool staff member shall be at least eighteen	21738
years of age and have a high school diploma or a certification of	21739
high school equivalency issued by the state board of education or	21740
a comparable agency of another state, except that a staff member	21741
may be less than eighteen years of age if the staff member is a	21742
graduate of a two-year vocational child-care training program	21743
approved by the state board of education, or is a student enrolled	21744
in the second year of such a program that leads to high school	21745
graduation, provided that the student performs duties in the	21746
preschool program under the continuous supervision of an	21747
experienced preschool staff member and receives periodic	21748
supervision from the vocational child-care training program	21749
teacher-coordinator in the student's high school.	21750

A preschool staff member shall annually complete fifteen	21751
hours of inservice training in child development or early	21752
childhood education, child abuse recognition and prevention, and	21753
first aid, and in the prevention, recognition, and management of	21754
communicable diseases, until a total of forty-five hours has been	21755
completed, unless the staff member holds an associate or higher	21756
degree in child development or early childhood education from an	21757
accredited college, university, or technical college, or any type	21758
of educator license designated as appropriate for teaching in an	21759
associate teaching position in a preschool setting issued by the	21760
state board of education pursuant to section 3319.22 of the	21761
Revised Code.	21762

Sec. 3301.55.  (A) A school district, county MR/DD board, or	21763
eligible nonpublic school, head start grantee, or head start	21764
delegate agency operating a preschool program shall house the	21765
program in buildings that meet the following requirements:	21766

(1) The building is operated by the district, county MR/DD	21767
board, or eligible nonpublic school, head start grantee, or head	21768
start delegate agency and has been approved by the division of	21769
industrial compliance in the department of commerce or a certified	21770
municipal, township, or county building department for the purpose	21771
of operating a program for preschool children. Any such structure	21772
shall be constructed, equipped, repaired, altered, and maintained	21773
in accordance with applicable provisions of Chapters 3781. and	21774
3791. and with rules adopted by the board of building standards	21775
under Chapter 3781. of the Revised Code for the safety and	21776
sanitation of structures erected for this purpose.	21777

(2) The building is in compliance with fire and safety laws	21778
and regulations as evidenced by reports of annual school fire and	21779
safety inspections as conducted by appropriate local authorities.	21780

(3) The school is in compliance with rules established by the	21781
state board of education regarding school food services.	21782

(4) The facility includes not less than thirty-five square	21783
feet of indoor space for each child in the program. Safe play	21784
space, including both indoor and outdoor play space, totaling not	21785
less than sixty square feet for each child using the space at any	21786
one time, shall be regularly available and scheduled for use.	21787

(5) First aid facilities and space for temporary placement or	21788
isolation of injured or ill children are provided.	21789

(B) Each school district, county MR/DD board, or eligible	21790
nonpublic school, head start grantee, or head start delegate	21791
agency that operates, or proposes to operate, a preschool program	21792
shall submit a building plan including all information specified	21793
by the state board of education to the board not later than the	21794
first day of September of the school year in which the program is	21795
to be initiated. The board shall determine whether the buildings	21796
meet the requirements of this section and section 3301.53 of the	21797
Revised Code, and notify the superintendent of its determination.	21798
If the board determines, on the basis of the building plan or any	21799
other information, that the buildings do not meet those	21800
requirements, it shall cause the buildings to be inspected by the	21801
department of education. The department shall make a report to the	21802
superintendent specifying any aspects of the building that are not	21803
in compliance with the requirements of this section and section	21804
3301.53 of the Revised Code and the time period that will be	21805
allowed the district, county MR/DD board, or school, grantee, or	21806
agency to meet the requirements.	21807

Sec. 3301.57.  (A) For the purpose of improving programs,	21808
facilities, and implementation of the standards promulgated by the	21809
state board of education under section 3301.53 of the Revised	21810
Code, the state department of education shall provide consultation	21811
and technical assistance to school districts, county MR/DD boards,	21812
and eligible nonpublic schools, head start grantees, and head	21813
start delegate agencies operating preschool programs or school	21814
child programs, and inservice training to preschool staff members,	21815
school child program staff members, and nonteaching employees.	21816

(B) The department and the school district board of	21817
education, county MR/DD board, or eligible nonpublic school, head	21818
start grantee, or head start delegate agency shall jointly monitor	21819
each preschool program and each school child program.	21820

If the program receives any grant or other funding from the	21821
state or federal government, the department annually shall monitor	21822
all reports on attendance, financial support, and expenditures	21823
according to provisions for use of the funds.	21824

(C) The department of job and family services and the	21825
department of education shall enter into a contract pursuant to	21826
which the department of education inspects preschool programs and	21827
school child programs in accordance with sections 3301.52 to	21828
3301.59 of the Revised Code, the rules adopted under those	21829
sections, and any applicable procedures in Chapter 5104. of the	21830
Revised Code and investigates any complaints filed pursuant to	21831
those sections or rules. The contract shall require the department	21832
of job and family services to pay the department of education for	21833
conducting the inspections and investigations an amount equal to	21834
the amount that the department of job and family services would	21835
expend conducting the same number of inspections and	21836
investigations with its employees under Chapter 5104. of the	21837
Revised Code.	21838

(D) The department of education, at least twice during every	21839
twelve-month period of operation of a preschool program or a	21840
licensed school child program, shall inspect the program and	21841
provide a written inspection report to the superintendent of the	21842
school district, county MR/DD board, or eligible nonpublic school,	21843
head start grantee, or head start delegate agency. At least one	21844
inspection shall be unannounced, and all inspections may be	21845
unannounced. No person shall interfere with any inspection	21846
conducted pursuant to this division or to the rules adopted	21847
pursuant to sections 3301.52 to 3301.59 of the Revised Code.	21848

Upon receipt of any complaint that a preschool program or a	21849
licensed school child program is out of compliance with the	21850
requirements in sections 3301.52 to 3301.59 of the Revised Code or	21851
the rules adopted under those sections, the department shall	21852
investigate and may inspect the program.	21853

(E)(D) If a preschool program or a licensed school child	21854
program is determined to be out of compliance with the	21855
requirements of sections 3301.52 to 3301.59 of the Revised Code or	21856
the rules adopted under those sections, the department of	21857
education shall notify the appropriate superintendent, county	21858
MR/DD board, or eligible nonpublic school, head start grantee, or	21859
head start delegate agency in writing regarding the nature of the	21860
violation, what must be done to correct the violation, and by what	21861
date the correction must be made. If the correction is not made by	21862
the date established by the department, it may commence action	21863
under Chapter 119. of the Revised Code to close the program or to	21864
revoke the license of the program. If a program does not comply	21865
with an order to cease operation issued in accordance with Chapter	21866
119. of the Revised Code, the department shall notify the attorney	21867
general, the prosecuting attorney of the county in which the	21868
program is located, or the city attorney, village solicitor, or	21869
other chief legal officer of the municipal corporation in which	21870
the program is located that the program is operating in violation	21871
of sections 3301.52 to 3301.59 of the Revised Code or the rules	21872
adopted under those sections and in violation of an order to cease	21873
operation issued in accordance with Chapter 119. of the Revised	21874
Code. Upon receipt of the notification, the attorney general,	21875
prosecuting attorney, city attorney, village solicitor, or other	21876
chief legal officer shall file a complaint in the court of common	21877
pleas of the county in which the program is located requesting the	21878
court to issue an order enjoining the program from operating. The	21879
court shall grant the requested injunctive relief upon a showing	21880
that the program named in the complaint is operating in violation	21881
of sections 3301.52 to 3301.59 of the Revised Code or the rules	21882
adopted under those sections and in violation of an order to cease	21883
operation issued in accordance with Chapter 119. of the Revised	21884
Code.	21885

(F)(E) The department of education shall prepare an annual	21886
report on inspections conducted under this section. The report	21887
shall include the number of inspections conducted, the number and	21888
types of violations found, and the steps taken to address the	21889
violations. The department shall file the report with the	21890
governor, the president and minority leader of the senate, and the	21891
speaker and minority leader of the house of representatives on or	21892
before the first day of January of each year, beginning in 1999.	21893

Sec. 3301.58.  (A) The department of education is responsible	21894
for the licensing of preschool programs and school child programs	21895
and for the enforcement of sections 3301.52 to 3301.59 of the	21896
Revised Code and of any rules adopted under those sections. No	21897
school district board of education, county MR/DD board, or	21898
eligible nonpublic school, head start grantee, or head start	21899
delegate agency shall operate, establish, manage, conduct, or	21900
maintain a preschool program without a license issued under this	21901
section. A school district board of education, county MR/DD board,	21902
or eligible nonpublic school may obtain a license under this	21903
section for a school child program. The school district board of	21904
education, county MR/DD board, or eligible nonpublic school, head	21905
start grantee, or head start delegate agency shall post the	21906
current license for each preschool program and licensed school	21907
child program it operates, establishes, manages, conducts, or	21908
maintains in a conspicuous place in the preschool program or	21909
licensed school child program that is accessible to parents,	21910
custodians, or guardians and employees and staff members of the	21911
program at all times when the program is in operation.	21912

(B) Any school district board of education, county MR/DD	21913
board, or eligible nonpublic school, head start grantee, or head	21914
start delegate agency that desires to operate, establish, manage,	21915
conduct, or maintain a preschool program shall apply to the	21916
department of education for a license on a form that the	21917
department shall prescribe by rule. Any school district board of	21918
education, county MR/DD board, or eligible nonpublic school that	21919
desires to obtain a license for a school child program shall apply	21920
to the department for a license on a form that the department	21921
shall prescribe by rule. The department shall provide at no charge	21922
to each applicant for a license under this section a copy of the	21923
requirements under sections 3301.52 to 3301.59 of the Revised Code	21924
and any rules adopted under those sections. The department shall	21925
mail application forms for the renewal of a license at least one	21926
hundred twenty days prior to the date of the expiration of the	21927
license, and the application for renewal of a license shall be	21928
filed with the department at least sixty days before the date of	21929
the expiration of the existing license. The department may	21930
establish application fees by rule adopted under Chapter 119. of	21931
the Revised Code, and all applicants for a license shall pay any	21932
fee established by the department at the time of making an	21933
application for a license. All fees collected pursuant to this	21934
section shall be paid into the state treasury to the credit of the	21935
general revenue fund.	21936

(C) Upon the filing of an application for a license, the	21937
department of education shall investigate and inspect the	21938
preschool program or school child program to determine the license	21939
capacity for each age category of children of the program and to	21940
determine whether the program complies with sections 3301.52 to	21941
3301.59 of the Revised Code and any rules adopted under those	21942
sections. When, after investigation and inspection, the department	21943
of education is satisfied that sections 3301.52 to 3301.59 of the	21944
Revised Code and any rules adopted under those sections are	21945
complied with by the applicant, the department of education shall	21946
issue the program a provisional license as soon as practicable in	21947
the form and manner prescribed by the rules of the department. The	21948
provisional license shall be valid for six months from the date of	21949
issuance unless revoked.	21950

(D) The department of education shall investigate and inspect	21951
a preschool program or school child program that has been issued a	21952
provisional license at least once during operation under the	21953
provisional license. If, after the investigation and inspection,	21954
the department of education determines that the requirements of	21955
sections 3301.52 to 3301.59 of the Revised Code and any rules	21956
adopted under those sections are met by the provisional licensee,	21957
the department of education shall issue a license that is	21958
effective for two years from the date of the issuance of the	21959
provisional license.	21960

(E) Upon the filing of an application for the renewal of a	21961
license by a preschool program or school child program, the	21962
department of education shall investigate and inspect the	21963
preschool program or school child program. If the department of	21964
education determines that the requirements of sections 3301.52 to	21965
3301.59 of the Revised Code and any rules adopted under those	21966
sections are met by the applicant, the department of education	21967
shall renew the license for two years from the date of the	21968
expiration date of the previous license.	21969

(F) The license or provisional license shall state the name	21970
of the school district board of education, county MR/DD board, or	21971
eligible nonpublic school, head start grantee, or head start	21972
delegate agency that operates the preschool program or school	21973
child program and the license capacity of the program. The license	21974
shall include any other information required by section 5104.03 of	21975
the Revised Code for the license of a child day-care center.	21976

(G) The department of education may revoke the license of any	21977
preschool program or school child program that is not in	21978
compliance with the requirements of sections 3301.52 to 3301.59 of	21979
the Revised Code and any rules adopted under those sections.	21980

(H) If the department of education revokes a license or	21981
refuses to renew a license to a program, the department shall not	21982
issue a license to the program within two years from the date of	21983
the revocation or refusal. All actions of the department with	21984
respect to licensing preschool programs and school child programs	21985
shall be in accordance with Chapter 119. of the Revised Code.	21986

Sec. 3301.68.  There is hereby created the legislative	21987
committee on education oversight as a subcommittee of the	21988
legislative service commission. The committee shall consist of	21989
five members of the house of representatives appointed by the	21990
speaker of the house of representatives and five members of the	21991
senate appointed by the president of the senate. Not more than	21992
three of the members appointed from each house shall be members of	21993
the same political party. Members shall serve during the term of	21994
office to which they were elected.	21995

The committee, subject to the oversight and direction of the	21996
legislative service commission, shall direct the work of the	21997
legislative office of education oversight, which is hereby	21998
established. The committee may employ a staff director and such	21999
other staff as are necessary for the operation of the office, who	22000
shall be in the unclassified service of the state, and may	22001
contract for the services of whatever technical advisors are	22002
necessary for the committee and the office to carry out their	22003
duties.	22004

The chairperson and vice-chairperson of the legislative	22005
service commission shall fix the compensation of the director. The	22006
director, with the approval of the director of the legislative	22007
service commission, shall fix the compensation of other staff of	22008
the office in accordance with a salary schedule established by the	22009
director of the legislative service commission. Contracts for the	22010
services of necessary technical advisors shall be approved by the	22011
director of the legislative service commission.	22012

All expenses incurred by the committee or office shall be	22013
paid upon vouchers approved by the chairperson of the committee.	22014
The committee shall adopt rules for the conduct of its business	22015
and the election of officers, except that the office of	22016
chairperson of the committee shall alternate each general assembly	22017
between a member of the house of representatives selected by the	22018
speaker and a member of the senate selected by the president.	22019

The committee shall select, for the office to review and	22020
evaluate, education and school-related programs that receive state	22021
financial assistance in any form. The reviews and evaluations may	22022
include any of the following:	22023

(A) Assessment of the uses school districts and institutions	22024
of higher education make of state money they receive and	22025
determination of the extent to which such money improves school	22026
district or institutional performance in the areas for which the	22027
money was intended to be used;	22028

(B) Determination of whether an education program meets its	22029
intended goals, has adequate operating or administrative	22030
procedures and fiscal controls, encompasses only authorized	22031
activities, has any undesirable or unintended effects, and is	22032
efficiently managed;	22033

(C) Examination of various pilot programs developed and	22034
initiated in school districts and at state-assisted colleges and	22035
universities to determine whether such programs suggest	22036
innovative, effective ways to deal with problems that may exist in	22037
other school districts or state-assisted colleges or universities,	22038
and to assess the fiscal costs and likely impact of adopting such	22039
programs throughout the state or in other state-assisted colleges	22040
and universities.	22041

The committee shall report the results of each program review	22042
the office conducts to the general assembly.	22043

If the general assembly directs the legislative office of	22044
education oversight to submit a study to the general assembly by a	22045
particular date, the committee has the authority to modify the	22046
scope and due date of the study to accommodate the availability of	22047
data and resources.	22048

Sec. 3301.80.  (A) There is hereby created the Ohio SchoolNet	22049
commission as an independent agency. The commission shall	22050
administer programs to provide financial and other assistance to	22051
school districts and other educational institutions for the	22052
acquisition and utilization of educational technology.	22053

The commission is a body corporate and politic, an agency of	22054
the state performing essential governmental functions of the	22055
state.	22056

(B)(1) The commission shall consist of eleventhirteen	22057
members, sevennine of whom are voting members. Of the voting	22058
members, one shall be appointed by the speaker of the house of	22059
representatives and, one shall be appointed by the president of	22060
the senate, and two shall be appointed by the governor. The	22061
members appointed by the speaker of the house and the president of	22062
the senate shall not be members of the general assembly. The state	22063
superintendent of public instruction or a designee of the	22064
superintendent, the director of budget and management or a	22065
designee of the director, the director of administrative services	22066
or a designee of the director, the chairperson of the public	22067
utilities commission or a designee of the chairperson, and the	22068
director of the Ohio educational telecommunications network	22069
commission or a designee of the director shall serve on the	22070
commission as ex officio voting members. Of the nonvoting members,	22071
two shall be members of the house of representatives appointed by	22072
the speaker of the house and two shall be members of the senate	22073
appointed by the president of the senate. The members appointed	22074
from each house shall not be members of the same political party.	22075
The commission shall appoint officers from among its members.	22076

(2) The members shall serve without compensation. The voting	22077
members appointed by the speaker of the house of representatives	22078
and, the president of the senate, and the governor shall be	22079
reimbursed, pursuant to office of budget and management	22080
guidelines, for necessary expenses incurred in the performance of	22081
official duties.	22082

(3) The terms of office for the members appointed by the	22083
speaker of the house and, the president of the senate, and the	22084
governor shall be for two years, with each term ending on the same	22085
day of the same month as did the term that it succeeds, except	22086
that the voting members so appointed may be removed at anytimeany	22087
time by their respective appointing authority. The members	22088
appointed by the speaker of the house and, the president of the	22089
senate, and the governor may be reappointed. Any member appointed	22090
from the house of representatives or senate who ceases to be a	22091
member of the legislative house from which the member was	22092
appointed shall cease to be a member of the commission. Vacancies	22093
among appointed members shall be filled in the manner provided for	22094
original appointments. Any member appointed to fill a vacancy	22095
occurring prior to the expiration date of the term for which a	22096
predecessor was appointed shall hold office as a member for the	22097
remainder of that term. The members appointed by the speaker of	22098
the house and, the president of the senate, and the governor shall	22099
continue in office subsequent to the expiration date of that	22100
member's term until a successor takes office or until a period of	22101
sixty days has elapsed, whichever occurs first.	22102

(C)(1) The commission shall be under the supervision of an	22103
executive director who shall be appointed by the commission. The	22104
executive director shall serve at the pleasure of the commission	22105
and shall direct commission employees in the administration of all	22106
programs for the provision of financial and other assistance to	22107
school districts and other educational institutions for the	22108
acquisition and utilization of educational technology.	22109

(2) The employees of the Ohio SchoolNet commission shall be	22110
placed in the unclassified service. The commission shall fix the	22111
compensation of the executive director. The executive director	22112
shall employ and fix the compensation for such employees as	22113
necessary to facilitate the activities and purposes of the	22114
commission. The employees shall serve at the pleasure of the	22115
executive director.	22116

(3) The employees of the Ohio SchoolNet commission shall be	22117
exempt from Chapter 4117. of the Revised Code and shall not be	22118
public employees as defined in section 4117.01 of the Revised	22119
Code.	22120

(D) The Ohio SchoolNet commission shall do all of the	22121
following:	22122

(1) Make grants to institutions and other organizations as	22123
prescribed by the general assembly for the provision of technical	22124
assistance, professional development, and other support services	22125
to enable school districts, community schools established under	22126
Chapter 3314. of the Revised Code, and other educational	22127
institutions to utilize educational technology;	22128

(2) Contract with the department of education, state	22129
institutions of higher education, private nonprofit institutions	22130
of higher education holding certificates of authorization under	22131
section 1713.02 of the Revised Code, and such other public or	22132
private entities as the executive director deems necessary for the	22133
administration and implementation of the programs under the	22134
commission's jurisdiction;	22135

(3) Establish a reporting system to which school districts,	22136
community schools established under Chapter 3314. of the Revised	22137
Code, and other educational institutions receiving financial	22138
assistance pursuant to this section for the acquisition of	22139
educational technology report information as to the manner in	22140
which such assistance was expended, the manner in which the	22141
equipment or services purchased with the assistance is being	22142
utilized, the results or outcome of this utilization, and other	22143
information as may be required by the commission;	22144

(4) Establish necessary guidelines governing purchasing and	22145
procurement by participants in programs administered by the	22146
commission that facilitate the timely and effective implementation	22147
of such programs;	22148

(5) Take into consideration the efficiency and cost savings	22149
of statewide procurement prior to allocating and releasing funds	22150
for any programs under its administration.	22151

(E)(1) The executive director shall implement policies and	22152
directives issued by the Ohio SchoolNet commission.	22153

(2) The Ohio SchoolNet commission may establish a systems	22154
support network to facilitate the timely implementation of the	22155
programs, projects, or activities for which it provides	22156
assistance.	22157

(3) Chapters 123., 124., 125., and 153., and sections 9.331,	22158
9.332, and 9.333 of the Revised Code do not apply to contracts,	22159
programs, projects, or activities of the Ohio SchoolNet	22160
commission.	22161

Sec. 3302.03.  (A) Annually the department of education shall	22162
report for each school district the extent to which it meets each	22163
of the performance indicators created by the state board of	22164
education under section 3302.02 of the Revised Code and shall	22165
specify for each such district the number of performance	22166
indicators that have been achieved and whether the district is an	22167
excellent school district, an effective school district, needs	22168
continuous improvement, is under an academic watch, or is in a	22169
state of academic emergency.	22170

When possible, the department shall also determine for each	22171
school building in a district the extent to which it meets any of	22172
the performance indicators applicable to the grade levels of the	22173
students in that school building and whether the school building	22174
is an excellent school, an effective school, needs continuous	22175
improvement, is under an academic watch, or is in a state of	22176
academic emergency.	22177

(B) If the state board establishes seventeen performance	22178
indicators applicable to a school district or building under	22179
section 3302.02 of the Revised Code:	22180

(1) A school district or building shall be declared excellent	22181
if it meets at least sixteen of the applicable state performance	22182
indicators.	22183

(2) A school district or building shall be declared effective	22184
if it meets thirteen through fifteen of the applicable state	22185
performance indicators.	22186

(3) A school district or building shall be declared to be in	22187
need of continuous improvement if it meets more than eight but	22188
less than thirteen of the applicable state performance indicators.	22189

(4) A school district or building shall be declared to be	22190
under an academic watch if it meets more than five but not more	22191
than eight of the applicable state performance indicators.	22192

(5) A school district or building shall be declared to be in	22193
a state of academic emergency if it does not meet more than five	22194
of the applicable state performance indicators.	22195

(C) If the state board establishes more than seventeen	22196
performance indicators under section 3302.02 of the Revised Code,	22197
or if less than seventeen performance indicators are applicable to	22198
a school building, the state board shall establish the number of	22199
indicators that must be met in order for a district or building to	22200
be designated as excellent, effective, needs continuous	22201
improvement, is under an academic watch, or is in a state of	22202
academic emergency. The number established for each such category	22203
under this division shall bear a similar relationship to the total	22204
number of indicators as the number of indicators required for the	22205
respective categories stated in division (B) of this section bears	22206
to seventeen.	22207

(D)(1) The department shall issue annual report cards for	22208
each school district, each building within each district, and for	22209
the state as a whole reflecting performance on the indicators	22210
created by the state board under section 3302.02 of the Revised	22211
Code.	22212

(2) The department shall include on the report card for each	22213
district information pertaining to any change from the previous	22214
year made by the school district or school buildings within the	22215
district on any performance indicator.	22216

(3) When reporting data on student performance, the	22217
department shall disaggregate that data according to the following	22218
categories:	22219

(a) Performance of students by age group;

22220

(b) Performance of students by race and ethnic group;

22221

(c) Performance of students by gender;

22222

(d) Performance of students grouped by those who have been	22223
enrolled in a district or school for three or more years;	22224

(e) Performance of students grouped by those who have been	22225
enrolled in a district or school for more than one year and less	22226
than three years;	22227

(f) Performance of students grouped by those who have been	22228
enrolled in a district or school for one year or less;	22229

(g) Performance of students grouped by those who are	22230
classified as vocational education students pursuant to guidelines	22231
adopted by the department for purposes of this division;	22232

(h) Performance of students grouped by those who are	22233
economically disadvantaged, to the extent that such data is	22234
available from the education management information system	22235
established under section 3301.0714 of the Revised Code;	22236

(i)(h) Performance of students grouped by those who are	22237
enrolled in a conversion community school established under	22238
Chapter 3314. of the Revised Code.	22239

The department may disaggregate data on student performance	22240
according to other categories that the department determines are	22241
appropriate.	22242

In reporting data pursuant to division (D)(3) of this	22243
section, the department shall not include in the report cards any	22244
data statistical in nature that is statistically unreliable or	22245
that could result in the identification of individual students.	22246

(4) The department may include with the report cards any	22247
additional education and fiscal performance data it deems	22248
valuable.	22249

(5) The department shall include on each report card a list	22250
of additional information collected by the department that is	22251
available regarding the district or building for which the report	22252
card is issued. When available, such additional information shall	22253
include student mobility data disaggregated by race and	22254
socioeconomic status, college enrollment data, and the reports	22255
prepared under section 3302.031 of the Revised Code.	22256

The department shall maintain a site on the world wide web.	22257
The report card shall include the address of the site and shall	22258
specify that such additional information is available to the	22259
public at that site. The department shall also provide a copy of	22260
each item on the list to the superintendent of each school	22261
district. The district superintendent shall provide a copy of any	22262
item on the list to anyone who requests it.	22263

(6) For any district that sponsors a conversion community	22264
school under Chapter 3314. of the Revised Code, the department	22265
shall combine data regarding the academic performance of students	22266
enrolled in the community school with comparable data from the	22267
schools of the district for the purpose of calculating the	22268
performance of the district as a whole on the report card issued	22269
for the district.	22270

(E) In calculating reading, writing, mathematics, social	22271
studies, or science proficiency or achievement test passage rates	22272
used to determine school district performance under this section,	22273
the department shall include all students taking a test with	22274
accommodation or to whom an alternate assessment is administered	22275
pursuant to division (C)(1) of section 3301.0711 of the Revised	22276
Code, but shall not include any student excused from taking a test	22277
pursuant to division (C)(3) of that section, whether or not the	22278
student chose to take the test voluntarily in spite of the	22279
exemption granted in that division.	22280

Sec. 3311.05.  (A) The territory within the territorial	22281
limits of a county, or the territory included in a district formed	22282
under either section 3311.053 or 3311.059 of the Revised Code,	22283
exclusive of the territory embraced in any city school district or	22284
exempted village school district, and excluding the territory	22285
detached therefrom for school purposes and including the territory	22286
attached thereto for school purposes constitutes an educational	22287
service center.	22288

(B) A county school financing district created under section	22289
3311.50 of the Revised Code is not the school district described	22290
in division (A) of this section or any other school district but	22291
is a taxing district.	22292

Sec. 3311.059. The procedure prescribed in this section may	22293
be used in lieu of a transfer prescribed under section 3311.231 of	22294
the Revised Code.	22295

(A) Subject to divisions (B) and (C) of this section, a board	22296
of education of a local school district may by a resolution	22297
approved by a majority of all its members propose to sever that	22298
local school district from the territory of the educational	22299
service center in which the local school district is currently	22300
included and to instead annex the local school district to the	22301
territory of another educational service center, the current	22302
territory of which is adjacent to the territory of the educational	22303
service center in which the local school district is currently	22304
included. The resolution shall promptly be filed with the	22305
governing board of each educational service center affected by the	22306
resolution and with the superintendent of public instruction.	22307

(B) The resolution adopted under division (A) of this section	22308
shall not be effective unless it is approved by both the governing	22309
board of the educational service center to which the board of	22310
education proposes to annex the local school district and the	22311
state board of education. The severance of the local school	22312
district from one educational service center and its annexation to	22313
another educational service center under this section shall not be	22314
effective until one year after the first day of July following the	22315
later of the date that the governing board of the educational	22316
service center to which the local school district is proposed to	22317
be annexed approves the resolution or the date the board of	22318
elections certifies the results of the referendum election as	22319
provided in division (C) of this section.	22320

(C) Within sixty days following the date of the adoption of	22321
the resolution under division (A) of this section, the electors of	22322
the local school district may petition for a referendum vote on	22323
the resolution. The question whether to approve or disapprove the	22324
resolution shall be submitted to the electors of such school	22325
district if a number of qualified electors equal to twenty per	22326
cent of the number of electors in the school district who voted	22327
for the office of governor at the most recent general election for	22328
that office sign a petition asking that the question of whether	22329
the resolution shall be disapproved be submitted to the electors.	22330
The petition shall be filed with the board of elections of the	22331
county in which the school district is located. If the school	22332
district is located in more than one county, the petition shall be	22333
filed with the board of elections of the county in which the	22334
majority of the territory of the school district is located. The	22335
board shall certify the validity and sufficiency of the signatures	22336
on the petition.	22337

The board of elections shall immediately notify the board of	22338
education of the local school district and the governing board of	22339
each educational service center affected by the resolution that	22340
the petition has been filed.	22341

The effect of the resolution shall be stayed until the board	22342
of elections certifies the validity and sufficiency of the	22343
signatures on the petition. If the board of elections determines	22344
that the petition does not contain a sufficient number of valid	22345
signatures and sixty days have passed since the adoption of the	22346
resolution, the resolution shall become effective as provided in	22347
division (B) of this section.	22348

If the board of elections certifies that the petition	22349
contains a sufficient number of valid signatures, the board shall	22350
submit the question to the qualified electors of the school	22351
district on the day of the next general or primary election held	22352
at least seventy-five days after the board of elections certifies	22353
the validity and sufficiency of signatures on the petition. The	22354
election shall be conducted and canvassed and the results shall be	22355
certified in the same manner as in regular elections for the	22356
election of members of a board of education.	22357

If a majority of the electors voting on the question	22358
disapprove the resolution, the resolution shall not become	22359
effective. If a majority of the electors voting on the question	22360
approve the resolution, the resolution shall become effective as	22361
provided in division (B) of this section.	22362

(D) Upon the effective date of the severance of the local	22363
school district from one educational service center and its	22364
annexation to another educational service center as provided in	22365
division (B) of this section, the governing board of each	22366
educational service center shall take such steps for the election	22367
of members of the governing board and for organization of the	22368
governing board as prescribed in Chapter 3313. of the Revised	22369
Code.	22370

Sec. 3311.24.  (A) Except as provided in division (B) of this	22371
section, if the board of education of a city, exempted village, or	22372
local school district deems it advisable to transfer territory	22373
from such district to an adjoining city, exempted village, or	22374
local school district, or if a petition, signed by seventy-five	22375
per cent of the qualified electors residing within that portion of	22376
a city, exempted village, or local school district proposed to be	22377
transferred voting at the last general election, requests such a	22378
transfer, the board of education of the district in which such	22379
proposal originates shall file such proposal, together with a map	22380
showing the boundaries of the territory proposed to be	22381
transferred, with the state board of education prior to the first	22382
day of April in any even-numbered year. The state board of	22383
education may, if it is advisable, provide for a hearing in any	22384
suitable place in any of the school districts affected by such	22385
proposed transfer of territory. The state board of education or	22386
its representatives shall preside at any such hearing.	22387

A board of education of a city, exempted village, or local	22388
school district that receives a petition of transfer under this	22389
division shall cause the board of elections to check the	22390
sufficiency of signatures on the petition.	22391

Not later than the first day of September the state board of	22392
education shall either approve or disapprove a proposed transfer	22393
of territory filed with it as provided by this section and shall	22394
notify, in writing, the boards of education of the districts	22395
affected by such proposed transfer of territory of its decision.	22396

If the decision of the state board of education is an	22397
approval of the proposed transfer of territory then the board of	22398
education of the district in which the territory is located shall,	22399
within thirty days after receiving the state board of education's	22400
decision, adopt a resolution transferring the territory and shall	22401
forthwith submit a copy of such resolution to the treasurer of the	22402
board of education of the city, exempted village, or local school	22403
district to which the territory is transferred. Such transfer	22404
shall not be complete however, until:	22405

(1) A resolution accepting the transfer has been passed by a	22406
majority vote of the full membership of the board of education of	22407
the city, exempted village, or local school district to which the	22408
territory is transferred;	22409

(2) An equitable division of the funds and indebtedness	22410
between the districts involved has been made by the board of	22411
education making the transfer;	22412

(3) A map showing the boundaries of the territory transferred	22413
has been filed, by the board of education accepting the transfer,	22414
with the county auditor of each county affected by the transfer.	22415

When such transfer is complete the legal title of the school	22416
property in the territory transferred shall be vested in the board	22417
of education or governing board of the school district to which	22418
the territory is transferred.	22419

(B) Whenever the transfer of territory pursuant to this	22420
section is initiated by a board of education, the board shall,	22421
before filing a proposal for transfer with the state board of	22422
education under this section, make a good faith effort to	22423
negotiate the terms of transfer with any other school district	22424
whose territory would be affected by the transfer. Before the	22425
state board may hold a hearing on the transfer, or approve or	22426
disapprove any such transfer, it must receive the following:	22427

(1) A resolution requesting approval of the transfer, passed	22428
by the school district submitting the proposal;	22429

(2) Evidence determined to be sufficient by the state board	22430
to show that good faith negotiations have taken place or that the	22431
district requesting the transfer has made a good faith effort to	22432
hold such negotiations;	22433

(3) If any negotiations took place, a statement signed by all	22434
boards that participated in the negotiations, listing the terms	22435
agreed on and the points on which no agreement could be reached.	22436

Negotiations held pursuant to this section shall be governed	22437
by the rules adopted by the state board under division (D) of	22438
section 3311.06 of the Revised Code. Districts involved in a	22439
transfer under division (B) of this section may agree to share	22440
revenues from the property included in the territory to be	22441
transferred, establish cooperative programs between the	22442
participating districts, and establish mechanisms for the	22443
settlement of any future boundary disputes.	22444

Sec. 3311.26. A governing board of an educational service	22445
centerThe state board of education may, by resolution adopted by	22446
majority vote of its full membership, propose the creation of a	22447
new local school district from one or more local school districts	22448
or parts thereof, including the creation of a local district with	22449
noncontiguous territory from one or more local school districts if	22450
one of those districts has entered into an agreement under section	22451
3313.42 of the Revised Code. Such proposal shall include an	22452
accurate map showing the territory affected. After the adoption of	22453
the resolution, the governingstate board shall file a copy of	22454
such proposal with the board of education of each school district	22455
whose boundaries would be altered by such proposal.	22456

A governing board of a service center proposingUpon the	22457
creation of a new district under this section, the state board	22458
shall at its next regular meeting that occurs not earlier than	22459
thirty days after the adoption by the governingstate board of the	22460
resolution proposing such creation, adopt a resolution making the	22461
creation effective prior to the next succeeding first day of July,	22462
unless, prior to the expiration of such thirty-day period,	22463
qualified electors residing in the area included in such proposed	22464
new district, equal in number to thirty-five per cent of the	22465
qualified electors voting at the last general election, file a	22466
petition of referendum against the creation of the proposed new	22467
district.	22468

A petition of referendum filed under this section shall be	22469
filed at the office of the educational service centerstate	22470
superintendent of public instruction. The person presenting the	22471
petition shall be given a receipt containing thereon the time of	22472
day, the date, and the purpose of the petition.	22473

If a petition of referendum is filed, the governingstate	22474
board shall, at the next regular meeting of the governingstate	22475
board, certify the proposal to the board of elections for the	22476
purpose of having the proposal placed on the ballot at the next	22477
general or primary election which occurs not less than	22478
seventy-five days after the date of such certification, or at a	22479
special election, the date of which shall be specified in the	22480
certification, which date shall not be less than seventy-five days	22481
after the date of such certification.	22482

Upon certification of a proposal to the board or boards of	22483
elections pursuant to this section, the board or boards of	22484
elections shall make the necessary arrangements for the submission	22485
of such question to the electors of the county or counties	22486
qualified to vote thereon, and the election shall be conducted and	22487
canvassed and the results shall be certified in the same manner as	22488
in regular elections for the election of members of a board of	22489
education.	22490

The persons qualified to vote upon a proposal are the	22491
electors residing in the proposed new districts.	22492

If the proposed district be approved by at least a majority	22493
of the electors voting on the proposal, the governingstate board	22494
shall then create such new district prior to the next succeeding	22495
first day of July, and shall so notify the state board of	22496
education.	22497

Upon the creation of such district, the indebtedness of each	22498
former district becoming in its entirety a part of the new	22499
district shall be assumed in full by the new district. Upon the	22500
creation of such district, that part of the net indebtedness of	22501
each former district becoming only in part a part of the new	22502
district shall be assumed by the new district which bears the same	22503
ratio to the entire net indebtedness of the former district as the	22504
assessed valuation of the part taken by the new district bears to	22505
the entire assessed valuation of the former district as fixed on	22506
the effective date of transfer. As used in this section, "net	22507
indebtedness" means the difference between the par value of the	22508
outstanding and unpaid bonds and notes of the school district and	22509
the amount held in the sinking fund and other indebtedness	22510
retirement funds for their redemption. Upon the creation of such	22511
district, the funds of each former district becoming in its	22512
entirety a part of the new district shall be paid over in full to	22513
the new district. Upon the creation of such district, the funds of	22514
each former district becoming only in part a part of the new	22515
district shall be divided equitably by the governingstate board	22516
between the new district and that part of the former district not	22517
included in the new district as such funds existed on the	22518
effective date of the creation of the new district.	22519

The governingstate board shall, following the election, file	22520
with the county auditor of each county affected by the creation of	22521
a new district an accurate map showing the boundaries of such	22522
newly created district.	22523

When a new local school district is so created within an	22524
educational service center, a board of education for such newly	22525
created district shall be appointed by the educational service	22526
center governingstate board. The members of such appointed board	22527
of education shall hold their office until their successors are	22528
elected and qualified. A board of education shall be elected for	22529
such newly created district at the next general election held in	22530
an odd numbered year occurring more than thirty days after the	22531
appointment of the board of education of such newly created	22532
district. At such election two members shall be elected for a term	22533
of two years and three members shall be elected for a term of four	22534
years, and, thereafter, their successors shall be elected in the	22535
same manner and for the same terms as members of the board of	22536
education of a local school district.	22537

When the new district consists of territory lying in two or	22538
more counties, the state board shall determine to which	22539
educational service center the new district shall be assigned.	22540

The legal title of all property of the board of education in	22541
the territory taken shall become vested in the board of education	22542
of the newly created school district.	22543

Foundation program moneys accruing to a district created	22544
under the provisions of this section or previous section 3311.26	22545
of the Revised Code, shall not be less, in any year during the	22546
next succeeding three years following the creation, than the sum	22547
of the amounts received by the districts separately in the year in	22548
which the creation of the district became effective.	22549

If, prior to the effective date of this amendment, a local	22550
school district board of education or a group of individuals	22551
requests the governing board of an educational service center to	22552
consider proposing the creation of a new local school district,	22553
the governing board, at any time during the one-year period	22554
following the date that request is made, may adopt a resolution	22555
proposing the creation of a new local school district in response	22556
to that request and in accordance with the first paragraph of the	22557
version of this section in effect prior to the effective date of	22558
this amendment. If the governing board so proposes within that	22559
one-year period, the governing board may proceed to create the new	22560
local school district as it proposed, in accordance with the	22561
version of this section in effect prior to the effective date of	22562
this amendment, subject to the provisions of that version	22563
authorizing a petition and referendum on the matter.	22564

Consolidations of school districts which include all of the	22565
schools of a county and which become effective on or after July 1,	22566
1959, shall be governed and included under this section.	22567

Sec. 3313.41.  (A) Except as provided in divisions (C), (D),	22568
(F), and (G) of this section, when a board of education decides to	22569
dispose of real or personal property that it owns in its corporate	22570
capacity, and that exceeds in value ten thousand dollars, it shall	22571
sell the property at public auction, after giving at least thirty	22572
days' notice of the auction by publication in a newspaper of	22573
general circulation or by posting notices in five of the most	22574
public places in the school district in which the property, if it	22575
is real property, is situated, or, if it is personal property, in	22576
the school district of the board of education that owns the	22577
property. The board may offer real property for sale as an entire	22578
tract or in parcels.	22579

(B) When the board of education has offered real or personal	22580
property for sale at public auction at least once pursuant to	22581
division (A) of this section, and the property has not been sold,	22582
the board may sell it at a private sale. Regardless of how it was	22583
offered at public auction, at a private sale, the board shall, as	22584
it considers best, sell real property as an entire tract or in	22585
parcels, and personal property in a single lot or in several lots.	22586

(C) If a board of education decides to dispose of real or	22587
personal property that it owns in its corporate capacity and that	22588
exceeds in value ten thousand dollars, it may sell the property to	22589
the adjutant general; to any subdivision or taxing authority as	22590
respectively defined in divisions (A) and (C) of section 5705.01	22591
of the Revised Code, township park district, board of park	22592
commissioners established under Chapter 755. of the Revised Code,	22593
or park district established under Chapter 1545. of the Revised	22594
Code; to a wholly or partially tax-supported university,	22595
university branch, or college; or to the board of trustees of a	22596
school district library, upon such terms as are agreed upon. The	22597
sale of real or personal property to the board of trustees of a	22598
school district library is limited, in the case of real property,	22599
to a school district library within whose boundaries the real	22600
property is situated, or, in the case of personal property, to a	22601
school district library whose boundaries lie in whole or in part	22602
within the school district of the selling board of education.	22603

(D) When a board of education decides to trade as a part or	22604
an entire consideration, an item of personal property on the	22605
purchase price of an item of similar personal property, it may	22606
trade the same upon such terms as are agreed upon by the parties	22607
to the trade.	22608

(E) The president and the treasurer of the board of education	22609
shall execute and deliver deeds or other necessary instruments of	22610
conveyance to complete any sale or trade under this section.	22611

(F) When a board of education has identified a parcel of real	22612
property that it determines is needed for school purposes, the	22613
board may, upon a majority vote of the members of the board,	22614
acquire that property by exchanging real property that the board	22615
owns in its corporate capacity for the identified real property or	22616
by using real property that the board owns in its corporate	22617
capacity as part or an entire consideration for the purchase price	22618
of the identified real property. Any exchange or acquisition made	22619
pursuant to this division shall be made by a conveyance executed	22620
by the president and the treasurer of the board.	22621

(G)(1) When a school district board of education decides to	22622
dispose of real property suitable for use as classroom space,	22623
prior to disposing of such property under division (A) through (F)	22624
of this section, it shall first offer that property for sale to	22625
the governing authorities of the start-up community schools,	22626
established under Chapter 3314. of the Revised Code and located	22627
within the territory of the school district, at a price that is	22628
not higher than the appraised fair market value of that property.	22629
If more than one community school governing authority accepts the	22630
offer made by the school district board, the board shall sell the	22631
property to the governing authority that accepted the offer first	22632
in time. If no community school governing authority accepts the	22633
offer within sixty days after the offer is made by the school	22634
district board, the board may dispose of the property in the	22635
applicable manner prescribed under divisions (A) to (F) of this	22636
section.	22637

(2) If disposal of real property is planned as a part of a	22638
school district project under Chapter 3318. of the Revised Code,	22639
the Ohio school facilities commission shall not release any state	22640
funds to a school district until the district has complied with	22641
the provisions of division (G)(1) of this section, except for	22642
funds specified for demolition of a facility to clear a site for	22643
construction of a replacement facility included in the district's	22644
project.	22645

Sec. 3313.843.  (A) Notwithstanding division (D) of section	22646
3311.52 of the Revised Code, this section does not apply to either	22647
of the following:	22648

(1) Any cooperative education school district;

22649

(2) Any city or exempted village school district with a total	22650
student count of thirteen thousand or more determined pursuant to	22651
section 3317.03 of the Revised Code that has not entered into one	22652
or more agreements pursuant to this section prior to July 1, 1993,	22653
unless the district's total student count did not exceed thirteen	22654
thousand at the time it entered into an initial agreement under	22655
this section.	22656

(B) The board of education of a city or exempted village	22657
school district and the governing board of an educational service	22658
center with territory in a county in which the city or exempted	22659
village school district also has territory may enter into an	22660
agreement, through adoption of identical resolutions, under which	22661
the educational service center governing board will provide	22662
services to the city or exempted village school district.	22663

Services provided under the agreement shall be specified in	22664
the agreement, and may include any one or a combination of the	22665
following: supervisory teachers; in-service and continuing	22666
education programs for city or exempted village school district	22667
personnel; curriculum services as provided to the local school	22668
districts under the supervision of the service center governing	22669
board; research and development programs; academic instruction for	22670
which the governing board employs teachers pursuant to section	22671
3319.02 of the Revised Code; and assistance in the provision of	22672
special accommodations and classes for handicapped students.	22673
Services included in the agreement shall be provided to the city	22674
or exempted village district in the same manner they are provided	22675
to local school districts under the governing board's supervision,	22676
unless otherwise specified in the agreement. The city or exempted	22677
village board of education shall reimburse the educational service	22678
center governing board pursuant to section 3317.11 of the Revised	22679
Code.	22680

(C)(1) If an educational service center received funding	22681
under division (B) of former section 3317.11 or division (F) of	22682
section 3317.11 of the Revised Code for an agreement under this	22683
section involving a city school district whose total student count	22684
was less than thirteen thousand, the service center may continue	22685
to receive funding under that division for such an agreement in	22686
any subsequent year if the city district's total student count	22687
exceeds thirteen thousand. However, only the first thirteen	22688
thousand pupils in the formula ADM of such district shall be	22689
included in determining the amount of the per pupil subsidy the	22690
service center shall receive under division (B)(F) of section	22691
3317.11 of the Revised Code.	22692

(2) If, prior to the effective date of this amendmentJuly 1,	22693
1998, an educational service center received funding under	22694
division (B) of former section 3317.11 of the Revised Code for a	22695
period of at least three years, for a good faith agreement under	22696
this section involving a city school district with no territory in	22697
the county in which the educational service center has territory,	22698
that educational service center and that city school district may	22699
enter into an agreement under this section, and the service center	22700
shall receive funding under division (B)(F) of section 3317.11 of	22701
the Revised Code for any such agreement, notwithstanding the	22702
territorial boundaries of the service center and the city school	22703
district.	22704

(D) Any agreement entered into pursuant to this section shall	22705
be valid only if a copy is filed with the department of education	22706
by the first day of the school year for which the agreement is in	22707
effect.	22708

Sec. 3313.976.  (A) No private school may receive scholarship	22709
payments from parents pursuant to section 3313.979 of the Revised	22710
Code until the chief administrator of the private school registers	22711
the school with the superintendent of public instruction. The	22712
state superintendent shall register any school that meets the	22713
following requirements:	22714

(1) The school is located within the boundaries of the pilot	22715
project school district;	22716

(2) The school indicates in writing its commitment to follow	22717
all requirements for a state-sponsored scholarship program	22718
specified under sections 3313.974 to 3313.979 of the Revised Code,	22719
including, but not limited to, the requirements for admitting	22720
students pursuant to section 3313.977 of the Revised Code;	22721

(3) The school meets all state minimum standards for	22722
chartered nonpublic schools in effect on July 1, 1992, except that	22723
the state superintendent at the superintendent's discretion may	22724
register nonchartered nonpublic schools meeting the other	22725
requirements of this division;	22726

(4) The school does not discriminate on the basis of race,	22727
religion, or ethnic background;	22728

(5) The school enrolls a minimum of ten students per class or	22729
a sum of at least twenty-five students in all the classes offered;	22730

(6) The school does not advocate or foster unlawful behavior	22731
or teach hatred of any person or group on the basis of race,	22732
ethnicity, national origin, or religion;	22733

(7) The school does not provide false or misleading	22734
information about the school to parents, students, or the general	22735
public;	22736

(8) The school agrees not to charge any tuition to low-income	22737
families participating inreceiving ninety per cent of the	22738
scholarship amount through the scholarship program, pursuant to	22739
division (A) of section 3313.978 of the Revised Code, in excess of	22740
ten per cent of the scholarship amount established pursuant to	22741
division (C)(1) of section 3313.978 of the Revised Code, excluding	22742
any increase described in division (C)(2) of that section. The	22743
school shall permit any such tuition, at the discretion of the	22744
parent, to be satisfied by the low-income family's provision of	22745
in-kind contributions or services.	22746

(9) The school agrees not to charge any tuition to low-income	22747
families receiving a seventy-five per cent scholarship amount	22748
through the scholarship program, pursuant to division (A) of	22749
section 3313.978 of the Revised Code, in excess of the difference	22750
between the actual tuition charge of the school and seventy-five	22751
per cent of the scholarship amount established pursuant to	22752
division (C)(1) of section 3313.978 of the Revised Code, excluding	22753
any increase described in division (C)(2) of that section. The	22754
school shall permit such tuition, at the discretion of the parent,	22755
to be satisfied by the low-income family's provision of in-kind	22756
contributions or services.	22757

(B) The state superintendent shall revoke the registration of	22758
any school if, after a hearing, the superintendent determines that	22759
the school is in violation of any of the provisions of division	22760
(A) of this section.	22761

(C) Any public school located in a school district adjacent	22762
to the pilot project district may receive scholarship payments on	22763
behalf of parents pursuant to section 3313.979 of the Revised Code	22764
if the superintendent of the district in which such public school	22765
is located notifies the state superintendent prior to the first	22766
day of March that the district intends to admit students from the	22767
pilot project district for the ensuing school year pursuant to	22768
section 3327.06 of the Revised Code.	22769

(D) Any parent wishing to purchase tutorial assistance from	22770
any person or governmental entity pursuant to the pilot project	22771
program under sections 3313.974 to 3313.979 of the Revised Code	22772
shall apply to the state superintendent. The state superintendent	22773
shall approve providers who appear to possess the capability of	22774
furnishing the instructional services they are offering to	22775
provide.	22776

Sec. 3313.978.  (A) Annually by the first day of November,	22777
the superintendent of public instruction shall notify the pilot	22778
project school district of the number of initial scholarships that	22779
the state superintendent will be awarding in each of grades	22780
kindergarten through third.	22781

The state superintendent shall provide information about the	22782
scholarship program to all students residing in the district,	22783
shall accept applications from any such students until such date	22784
as shall be established by the state superintendent as a deadline	22785
for applications, and shall establish criteria for the selection	22786
of students to receive scholarships from among all those applying	22787
prior to the deadline, which criteria shall give preference to	22788
students from low-income families. For each student selected, the	22789
state superintendent shall also determine whether the student	22790
qualifies for seventy-five or ninety per cent of the scholarship	22791
amount. Students whose family income is at or above two hundred	22792
per cent of the maximum income level established by the state	22793
superintendent for low-income families shall qualify for	22794
seventy-five per cent of the scholarship amount and students whose	22795
family income is below two hundred per cent of that maximum income	22796
level shall qualify for ninety per cent of the scholarship amount.	22797
The state superintendent shall notify students of their selection	22798
prior to the fifteenth day of January and whether they qualify for	22799
seventy-five or ninety per cent of the scholarship amount.	22800

(1) A student receiving a pilot project scholarship may	22801
utilize it at an alternative public school by notifying the	22802
district superintendent, at any time before the beginning of the	22803
school year, of the name of the public school in an adjacent	22804
school district to which the student has been accepted pursuant to	22805
section 3327.06 of the Revised Code.	22806

(2) A student may decide to utilize a pilot project	22807
scholarship at a registered private school in the district if all	22808
of the following conditions are met:	22809

(a) By the fifteenth day of February of the preceding school	22810
year, or at any time prior to the start of the school year, the	22811
parent makes an application on behalf of the student to a	22812
registered private school.	22813

(b) The registered private school notifies the parent and the	22814
state superintendent as follows that the student has been	22815
admitted:	22816

(i) By the fifteenth day of March of the preceding school	22817
year if the student filed an application by the fifteenth day of	22818
February and was admitted by the school pursuant to division (A)	22819
of section 3313.977 of the Revised Code;	22820

(ii) Within one week of the decision to admit the student if	22821
the student is admitted pursuant to division (C) of section	22822
3313.977 of the Revised Code.	22823

(c) The student actually enrolls in the registered private	22824
school to which the student was first admitted or in another	22825
registered private school in the district or in a public school in	22826
an adjacent school district.	22827

(B) The state superintendent shall also award in any school	22828
year tutorial assistance grants to a number of students equal to	22829
the number of students who receive scholarships under division (A)	22830
of this section. Tutorial assistance grants shall be awarded	22831
solely to students who are enrolled in the public schools of the	22832
district in a grade level covered by the pilot project. Tutorial	22833
assistance grants may be used solely to obtain tutorial assistance	22834
from a provider approved pursuant to division (D) of section	22835
3313.976 of the Revised Code.	22836

All students wishing to obtain tutorial assistance grants	22837
shall make application to the state superintendent by the first	22838
day of the school year in which the assistance will be used. The	22839
state superintendent shall award assistance grants in accordance	22840
with criteria the superintendent shall establish. For each student	22841
awarded a grant, the state superintendent shall also determine	22842
whether the student qualifies for seventy-five or ninety per cent	22843
of the grant amount and so notify the student. Students whose	22844
family income is at or above two hundred per cent of the maximum	22845
income level established by the state superintendent for	22846
low-income families shall qualify for seventy-five per cent of the	22847
grant amount and students whose family income is below two hundred	22848
per cent of that maximum income level shall qualify for ninety per	22849
cent of the grant amount.	22850

(C)(1) In the case of basic scholarships, the scholarship	22851
amount shall not exceed the lesser of the tuition charges of the	22852
alternative school the scholarship recipient attends or an amount	22853
established by the state superintendent not in excess of	22854
twenty-five hundredthree thousand dollars.	22855

(2) The state superintendent shall provide for an increase in	22856
the basic scholarship amount in the case of any student who is a	22857
mainstreamed handicapped student and shall further increase such	22858
amount in the case of any separately educated handicapped child.	22859
Such increases shall take into account the instruction, related	22860
services, and transportation costs of educating such students.	22861

(3) In the case of tutorial assistance grants, the grant	22862
amount shall not exceed the lesser of the provider's actual	22863
charges for such assistance or a percentage established by the	22864
state superintendent, not to exceed twenty per cent, of the amount	22865
of the pilot project school district's average basic scholarship	22866
amount.	22867

(4) No scholarship or tutorial assistance grant shall be	22868
awarded unless the state superintendent determines that	22869
twenty-five or ten per cent, as applicable, of the amount	22870
specified for such scholarship or grant pursuant to division	22871
(C)(1), (2), or (3) of this section will be furnished by a	22872
political subdivision, a private nonprofit or for profit entity,	22873
or another person. Only seventy-five or ninety per cent of such	22874
amounts, as applicable, shall be paid from state funds pursuant to	22875
section 3313.979 of the Revised Code.	22876

(D)(1) Annually by the first day of November, the state	22877
superintendent shall estimate the maximum per-pupil scholarship	22878
amounts for the ensuing school year. The state superintendent	22879
shall make this estimate available to the general public at the	22880
offices of the district board of education together with the forms	22881
required by division (D)(2) of this section.	22882

(2) Annually by the fifteenth day of January, the chief	22883
administrator of each registered private school located in the	22884
pilot project district and the principal of each public school in	22885
such district shall complete a parental information form and	22886
forward it to the president of the board of education. The	22887
parental information form shall be prescribed by the department of	22888
education and shall provide information about the grade levels	22889
offered, the numbers of students, tuition amounts, achievement	22890
test results, and any sectarian or other organizational	22891
affiliations.	22892

Sec. 3313.979.  Each scholarship or grant to be used for	22893
payments to a registered private school or to an approved tutorial	22894
assistance provider is payable to the parents of the student	22895
entitled to the scholarship or grant. Each scholarship to be used	22896
for payments to a public school in an adjacent school district is	22897
payable to the school district of attendance by the superintendent	22898
of public instruction. Each grant to be used for payments to an	22899
approved tutorial assistance provider is payable to the approved	22900
tutorial assistance provider.	22901

(A)(1) By the fifteenth day of each month of the school year	22902
that any scholarship students are enrolled in a registered private	22903
school, the chief administrator of that school shall notify the	22904
state superintendent of:	22905

(a) The number of students who were reported to the school	22906
district as having been admitted by that private school pursuant	22907
to division (A)(2)(b) of section 3313.978 of the Revised Code and	22908
who were still enrolled in the private school as of the first day	22909
of such month, and the numbers of such students who qualify for	22910
seventy-five and ninety per cent of the scholarship amount;	22911

(b) The number of students who were reported to the school	22912
district as having been admitted by another private school	22913
pursuant to division (A)(2)(b) of section 3313.978 of the Revised	22914
Code and since the date of admission have transferred to the	22915
school providing the notification under division (A)(1) of this	22916
section, and the numbers of such students who qualify for	22917
seventy-five and ninety per cent of the scholarship amount.	22918

(2) From time to time, the state superintendent shall make a	22919
payment to the parent of each student entitled to a scholarship.	22920
Each payment shall include for each student reported under	22921
division (A)(1) of this section, a portion of seventy-five or	22922
ninety per cent, as applicable, of the scholarship amount	22923
specified in divisions (C)(1) and (2) of section 3313.978 of the	22924
Revised Code. This amount shall be proportionately reduced in the	22925
case of any such student who is not enrolled in a registered	22926
private school for the entire school year.	22927

(3) The first payment under this division shall be made by	22928
the last day of November and shall equal one-third of seventy-five	22929
or ninety per cent, as applicable, of the estimated total amount	22930
that will be due to the parent for the school year pursuant to	22931
division (A)(2) of this section.	22932

(B) The state superintendent, on behalf of the parents of a	22933
scholarship student enrolled in a public school in an adjacent	22934
school district pursuant to section 3327.06 of the Revised Code,	22935
shall make the tuition payments required by that section to the	22936
school district admitting the student, except that,	22937
notwithstanding sections 3323.13, 3323.14, and 3327.06 of the	22938
Revised Code, the total payments in any school year shall not	22939
exceed seventy-five or ninety per cent, as applicable, of the	22940
scholarship amount provided in divisions (C)(1) and (2) of section	22941
3313.978 of the Revised Code.	22942

(C) Whenever an approved provider provides tutorial	22943
assistance to a student, the state superintendent shall pay the	22944
parentapproved provider for such costs upon receipt of a	22945
statement from the parent specifying the services provided and the	22946
costs of the services, which statement shall be signed by the	22947
provider and verified by the chief administrator having	22948
supervisory control over the tutoring site. The total payments to	22949
any parentapproved provider under this division for all provider	22950
services to any individual student in any school year shall not	22951
exceed seventy-five or ninety per cent, as applicable, of the	22952
grant amount provided in division (C)(3) of section 3313.978 of	22953
the Revised Code.	22954

Sec. 3313.981.  (A) The state board shall adopt rules	22955
requiring all of the following:	22956

(1) The board of education of each city, exempted village,	22957
and local school district to annually report to the department of	22958
education all of the following:	22959

(a) The number of adjacent district or other district	22960
students, as applicable, and adjacent district or other district	22961
joint vocational students, as applicable, enrolled in the district	22962
and the number of native students enrolled in adjacent or other	22963
districts, in accordance with a policy adopted under division (B)	22964
of section 3313.98 of the Revised Code;	22965

(b) Each adjacent district or other district student's or	22966
adjacent district or other district joint vocational student's	22967
date of enrollment in the district;	22968

(c) The full-time equivalent number of adjacent district or	22969
other district students enrolled in vocational education programs	22970
or classes described in division (A) of section 3317.014 of the	22971
Revised Code and the full-time equivalent number of such students	22972
enrolled in vocational education programs or classes described in	22973
division (B) of that section;	22974

(d) Each native student's date of enrollment in an adjacent	22975
or other district.	22976

(2) The board of education of each joint vocational school	22977
district to annually report to the department all of the	22978
following:	22979

(a) The number of adjacent district or other district joint	22980
vocational students, as applicable, enrolled in the district;	22981

(b) The full-time equivalent number of adjacent district or	22982
other district joint vocational students enrolled in vocational	22983
education programs or classes described in division (A) of section	22984
3317.014 of the Revised Code and the full-time equivalent number	22985
of such students enrolled in vocational education programs or	22986
classes described in division (B) of that section;	22987

(c) For each adjacent district or other district joint	22988
vocational student, the city, exempted village, or local school	22989
district in which the student is also enrolled.	22990

(3) Prior to the first full school week in October each year,	22991
the superintendent of each city, local, or exempted village school	22992
district that admits adjacent district or other district students	22993
or adjacent district or other district joint vocational students	22994
in accordance with a policy adopted under division (B) of section	22995
3313.98 of the Revised Code to notify each adjacent or other	22996
district where those students are entitled to attend school under	22997
section 3313.64 or 3313.65 of the Revised Code of the number of	22998
the adjacent or other district's native students who are enrolled	22999
in the superintendent's district under the policy.	23000

The rules shall provide for the method of counting students	23001
who are enrolled for part of a school year in an adjacent or other	23002
district or as an adjacent district or other district joint	23003
vocational student.	23004

(B) From the payments made to a city, exempted village, or	23005
local school district under Chapter 3317. of the Revised Code, the	23006
department of education shall annually subtract both of the	23007
following:	23008

(1) An amount equal to the number of the district's native	23009
students reported under division (A)(1) of this section who are	23010
enrolled in adjacent or other school districts pursuant to	23011
policies adopted by such districts under division (B) of section	23012
3313.98 of the Revised Code multiplied by the adjusted formula	23013
amount for the district;	23014

(2) The excess costs computed in accordance with division (E)	23015
of this section for any such native students receiving special	23016
education and related services in adjacent or other school	23017
districts or as an adjacent district or other district joint	23018
vocational student;	23019

(3) For the full-time equivalent number of the district's	23020
native students reported under division (A)(1)(c) or (2)(b) of	23021
this section as enrolled in vocational education programs or	23022
classes described in section 3317.014 of the Revised Code, an	23023
amount equal to the formula amount times the applicable multiple	23024
prescribed by that section.	23025

(C) To the payments made to a city, exempted village, or	23026
local school district under Chapter 3317. of the Revised Code, the	23027
department of education shall annually add all of the following:	23028

(1) An amount equal to the adjusted formula amount for the	23029
district multiplied by the remainder obtained by subtracting the	23030
number of adjacent district or other district joint vocational	23031
students from the number of adjacent district or other district	23032
students enrolled in the district, as reported under division	23033
(A)(1) of this section;	23034

(2) The excess costs computed in accordance with division (E)	23035
of this section for any adjacent district or other district	23036
students, except for any adjacent or other district joint	23037
vocational students, receiving special education and related	23038
services in the district;	23039

(3) For the full-time equivalent number of the adjacent or	23040
other district students who are not adjacent district or other	23041
district joint vocational students and are reported under division	23042
(A)(1)(c) of this section as enrolled in vocational education	23043
programs or classes described in section 3317.014 of the Revised	23044
Code, an amount equal to the formula amount times the applicable	23045
multiple prescribed by that section;	23046

(4) An amount equal to the number of adjacent district or	23047
other district joint vocational students reported under division	23048
(A)(1) of this section multiplied by an amount equal to one-fourth	23049
ten per cent of the adjusted formula amount for the district.	23050

(D) To the payments made to a joint vocational school	23051
district under Chapter 3317. of the Revised Code, the department	23052
of education shall add, for each adjacent district or other	23053
district joint vocational student reported under division (A)(2)	23054
of this section, both of the following:	23055

(1) An amount equal to the adjusted formula amount of the	23056
city, exempted village, or local school district in which the	23057
student is also enrolled;	23058

(2) An amount equal to the full-time equivalent number of	23059
students reported pursuant to division (A)(2)(b) of this section	23060
times the formula amount times the applicable multiple prescribed	23061
by section 3317.014 of the Revised Code.	23062

(E)(1) A city, exempted village, or local school board	23063
providing special education and related services to an adjacent or	23064
other district student in accordance with an IEP shall, pursuant	23065
to rules of the state board, compute the excess costs to educate	23066
such student as follows:	23067

(a) Subtract the adjusted formula amount for the district	23068
from the actual costs to educate the student;	23069

(b) From the amount computed under division (E)(1)(a) of this	23070
section subtract the amount of any funds received by the district	23071
under Chapter 3317. of the Revised Code to provide special	23072
education and related services to the student.	23073

(2) The board shall report the excess costs computed under	23074
this division to the department of education.	23075

(3) If any student for whom excess costs are computed under	23076
division (E)(1) of this section is an adjacent or other district	23077
joint vocational student, the department of education shall add	23078
the amount of such excess costs to the payments made under Chapter	23079
3317. of the Revised Code to the joint vocational school district	23080
enrolling the student.	23081

(F) As provided in division (D)(1)(b) of section 3317.03 of	23082
the Revised Code, no joint vocational school district shall count	23083
any adjacent or other district joint vocational student enrolled	23084
in the district in its formula ADM certified under section 3317.03	23085
of the Revised Code.	23086

(G) No city, exempted village, or local school district shall	23087
receive a payment under division (C) of this section for a	23088
student, and no joint vocational school district shall receive a	23089
payment under division (D) of this section for a student, if for	23090
the same school year that student is counted in the district's	23091
formula ADM certified under section 3317.03 of the Revised Code.	23092

(H) Upon request of a parent, and provided the board offers	23093
transportation to native students of the same grade level and	23094
distance from school under section 3327.01 of the Revised Code, a	23095
city, exempted village, or local school board enrolling an	23096
adjacent or other district student shall provide transportation	23097
for the student within the boundaries of the board's district,	23098
except that the board shall be required to pick up and drop off a	23099
nonhandicapped student only at a regular school bus stop	23100
designated in accordance with the board's transportation policy.	23101
Pursuant to rules of the state board of education, such board may	23102
reimburse the parent from funds received under division (D) of	23103
section 3317.022 of the Revised Code for the reasonable cost of	23104
transportation from the student's home to the designated school	23105
bus stop if the student's family has an income below the federal	23106
poverty line.	23107

Sec. 3314.02.  (A) As used in this chapter:

23108

(1) "Sponsor" means an entity listed in division (C)(1) of	23109
this section, which has been approved by the department of	23110
education to sponsor community schools and with which the	23111
governing authority of the proposed community school enters into a	23112
contract pursuant to this section.	23113

(2) "Pilot project area" means the school districts included	23114
in the territory of the former community school pilot project	23115
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	23116
the 122nd general assembly.	23117

(3) "Challenged school district" means any of the following:

23118

(a) A school district that is part of the pilot project area;

23119

(b) A school district that is either in a state of academic	23120
emergency or in a state of academic watch under section 3302.03 of	23121
the Revised Code;	23122

(c) A big eight school district;

23123

(d) An urban school district.

23124

(4) "Big eight school district" means a school district that	23125
for fiscal year 1997 had both of the following:	23126

(a) A percentage of children residing in the district and	23127
participating in the predecessor of Ohio works first greater than	23128
thirty per cent, as reported pursuant to section 3317.10 of the	23129
Revised Code;	23130

(b) An average daily membership greater than twelve thousand,	23131
as reported pursuant to former division (A) of section 3317.03 of	23132
the Revised Code.	23133

(5) "New start-up school" means a community school other than	23134
one created by converting all or part of an existing public	23135
school, as designated in the school's contract pursuant to	23136
division (A)(17) of section 3314.03 of the Revised Code.	23137

(6) "Urban school district" means one of the state's	23138
twenty-one urban school districts as defined in division (O) of	23139
section 3317.02 of the Revised Code as that section existed prior	23140
to July 1, 1998.	23141

(7) "Internet- or computer-based community school" means a	23142
community school established under this chapter in which the	23143
enrolled students work primarily from their residences on	23144
assignments provided via an internet- or other computer-based	23145
instructional method that does not rely on regular classroom	23146
instruction.	23147

(B) Any person or group of individuals may initially propose	23148
under this division the conversion of all or a portion of a public	23149
school to a community school. The proposal shall be made to the	23150
board of education of the city, local, or exempted village school	23151
district in which the public school is proposed to be converted.	23152
Upon receipt of a proposal, a board may enter into a preliminary	23153
agreement with the person or group proposing the conversion of the	23154
public school, indicating the intention of the board of education	23155
to support the conversion to a community school. A proposing	23156
person or group that has a preliminary agreement under this	23157
division may proceed to finalize plans for the school, establish a	23158
governing authority for the school, and negotiate a contract with	23159
the board of education. Provided the proposing person or group	23160
adheres to the preliminary agreement and all provisions of this	23161
chapter, the board of education shall negotiate in good faith to	23162
enter into a contract in accordance with section 3314.03 of the	23163
Revised Code and division (C) of this section.	23164

(C)(1) Any person or group of individuals may propose under	23165
this division the establishment of a new start-up school to be	23166
located in a challenged school district. The proposal may be made	23167
to any of the following entities:	23168

(a) The board of education of the district in which the	23169
school is proposed to be located;	23170

(b) The board of education of any joint vocational school	23171
district with territory in the county in which is located the	23172
majority of the territory of the district in which the school is	23173
proposed to be located;	23174

(c) The board of education of any other city, local, or	23175
exempted village school district having territory in the same	23176
county where the district in which the school is proposed to be	23177
located has the major portion of its territory;	23178

(d) The governing board of any educational service center as	23179
long as the proposed school will be located in a county within the	23180
territory of the service center or in a county contiguous to such	23181
county;	23182

(e) A sponsoring authority designated by the board of	23183
trustees of any of the thirteen state universities listed in	23184
section 3345.011 of the Revised Code or the board of trustees	23185
itself as long as a mission of the proposed school to be specified	23186
in the contract under division (A)(2) of section 3314.03 of the	23187
Revised Code and as approved by the department of education under	23188
division (B)(2) of section 3314.015 of the Revised Code will be	23189
the practical demonstration of teaching methods, educational	23190
technology, or other teaching practices that are included in the	23191
curriculum of the university's teacher preparation program	23192
approved by the state board of education;	23193

(f) Any qualified tax-exempt entity under section 501(c)(3)	23194
of the Internal Revenue Code as long as all of the following	23195
conditions are satisfied:	23196

(i) The entity has been in operation for at least five years	23197
prior to applying to be a community school sponsor.	23198

(ii) The entity has assets of at least five hundred thousand	23199
dollars.	23200

(iii) The department of education has determined that the	23201
entity is an education-oriented entity under division (B)(3) of	23202
section 3314.015 of the Revised Code.	23203

Until July 1, 2005, any entity described in division	23204
(C)(1)(f) of this section may sponsor only schools that formerly	23205
were sponsored by the state board of education under division	23206
(C)(1)(d) of this section, as it existed prior to April 8, 2003.	23207
After July 1, 2005, such entity may sponsor any new or existing	23208
school.	23209

Any entity described in division (C)(1) of this section may	23210
enter into a preliminary agreement pursuant to division (C)(2) of	23211
this section with the proposing person or group.	23212

(2) A preliminary agreement indicates the intention of an	23213
entity described in division (C)(1) of this section to sponsor the	23214
community school. A proposing person or group that has such a	23215
preliminary agreement may proceed to finalize plans for the	23216
school, establish a governing authority as described in division	23217
(E) of this section for the school, and negotiate a contract with	23218
the entity. Provided the proposing person or group adheres to the	23219
preliminary agreement and all provisions of this chapter, the	23220
entity shall negotiate in good faith to enter into a contract in	23221
accordance with section 3314.03 of the Revised Code.	23222

(3) A new start-up school that is established in a school	23223
district while that district is either in a state of academic	23224
emergency or in a state of academic watch under section 3302.03 of	23225
the Revised Code may continue in existence once the school	23226
district is no longer in a state of academic emergency or academic	23227
watch, provided there is a valid contract between the school and a	23228
sponsor.	23229

(4) A copy of every preliminary agreement entered into under	23230
this division shall be filed with the superintendent of public	23231
instruction.	23232

(D) A majority vote of the board of a sponsoring entity and a	23233
majority vote of the members of the governing authority of a	23234
community school shall be required to adopt a contract and convert	23235
the public school to a community school or establish the new	23236
start-up school. Up to the statewide limit prescribed in section	23237
3314.013 of the Revised Code, an unlimited number of community	23238
schools may be established in any school district provided that a	23239
contract is entered into for each community school pursuant to	23240
this chapter.	23241

(E) As used in this division, "immediate relatives" are	23242
limited to spouses, children, parents, grandparents, siblings, and	23243
in-laws.	23244

Each new start-up community school established under this	23245
chapter shall be under the direction of a governing authority	23246
which shall consist of a board of not less than five individuals	23247
who are not owners or employees, or immediate relatives of owners	23248
or employees, of any for-profit firm that operates or manages a	23249
school for the governing authority.	23250

No person shall serve on the governing authority or operate	23251
the community school under contract with the governing authority	23252
so long as the person owes the state any money or is in a dispute	23253
over whether the person owes the state any money concerning the	23254
operation of a community school that has closed.	23255

(F) Nothing in this chapter shall be construed to permit the	23256
establishment of a community school in more than one school	23257
district under the same contract.	23258

(G) A new start-up school that is established prior to the	23259
effective date of this amendment in an urban school district that	23260
is not also a big-eight school district may continue to operate	23261
after the effective date of this amendment and the contract	23262
between the school's governing authority and the school's sponsor	23263
may be renewed, as provided under this chapter, after the	23264
effective date of this amendment, but no additional new start-up	23265
schools may be established in such a district unless the district	23266
is a challenged school district as defined in this section as it	23267
exists on and after the effective date of this amendment.	23268

Sec. 3314.033. (A) Not later than ninety days after the	23269
effective date of this section, the state board of education shall	23270
adopt rules in accordance with Chapter 119. of the Revised Code	23271
establishing standards governing the operation of internet- or	23272
computer-based community schools, as defined in section 3314.02 of	23273
the Revised Code, and other educational courses delivered	23274
primarily via electronic media.	23275

(B) Each internet- or computer-based community school in	23276
operation on or after the effective date of this section shall	23277
comply with the standards adopted by the state board under	23278
division (A) of this section regardless of whether the school's	23279
contract with its sponsor contains a stipulation requiring such	23280
compliance.	23281

Sec. 3314.041.  The governing authority of each community	23282
school and any operator of such school shall place in a	23283
conspicuous manner in all documents that are distributed	23284
distribute to parents of students of the school or to the general	23285
publicupon their enrollment in the school the following statement	23286
in writing:	23287

"The .............. (here fill in name of the school) school	23288
is a community school established under Chapter 3314. of the	23289
Revised Code. The school is a public school and students enrolled	23290
in and attending the school are required to take proficiency tests	23291
and other examinations prescribed by law. In addition, there may	23292
be other requirements for students at the school that are	23293
prescribed by law. Students who have been excused from the	23294
compulsory attendance law for the purpose of home education as	23295
defined by the Administrative Code shall no longer be excused for	23296
that purpose upon their enrollment in a community school. For more	23297
information about this matter contact the school administration or	23298
the Ohio Department of Education."	23299

Sec. 3314.07.  (A) The expiration of the contract for a	23300
community school between a sponsor and a school shall be the date	23301
provided in the contract. A successor contract may be entered into	23302
pursuant to division (E) of section 3314.03 of the Revised Code	23303
unless the contract is terminated or not renewed pursuant to this	23304
section.	23305

(B)(1) A sponsor may choose not to renew a contract at its	23306
expiration or may choose to terminate a contract prior to its	23307
expiration for any of the following reasons:	23308

(a) Failure to meet student performance requirements stated	23309
in the contract;	23310

(b) Failure to meet generally accepted standards of fiscal	23311
management;	23312

(c) Violation of any provision of the contract or applicable	23313
state or federal law;	23314

(d) Other good cause.

23315

(2) A sponsor may choose to terminate a contract prior to its	23316
expiration if the sponsor has suspended the operation of the	23317
contract under section 3314.072 of the Revised Code.	23318

(3) At least ninety days prior to the termination or	23319
nonrenewal of a contract, the sponsor shall notify the school of	23320
the proposed action in writing. The notice shall include the	23321
reasons for the proposed action in detail, the effective date of	23322
the termination or nonrenewal, and a statement that the school	23323
may, within fourteen days of receiving the notice, request an	23324
informal hearing before the sponsor. Such request must be in	23325
writing. The informal hearing shall be held within seventy days of	23326
the receipt of a request for the hearing. Promptly following the	23327
informal hearing, the sponsor shall issue a written decision	23328
either affirming or rescinding the decision to terminate or not	23329
renew the contract.	23330

(4) A decision by the sponsor to terminate a contract may be	23331
appealed to the state board of education. The decision by the	23332
state board pertaining to an appeal under this division is final.	23333
If the sponsor is the state board, its decision to terminate a	23334
contract under division (B)(3) of this section shall be final.	23335

(5) The termination of a contract under this section shall be	23336
effective upon the occurrence of the later of the following	23337
events:	23338

(a) Ninety days following the date the sponsor notifies the	23339
school of its decision to terminate the contract as prescribed in	23340
division (B)(3) of this section;	23341

(b) If an informal hearing is requested under division (B)(3)	23342
of this section and as a result of that hearing the sponsor	23343
affirms its decision to terminate the contract, the effective date	23344
of the termination specified in the notice issued under division	23345
(B)(3) of this section, or if that decision is appealed to the	23346
state board under division (B)(4) of this section and the state	23347
board affirms that decision, the date established in the	23348
resolution of the state board affirming the sponsor's decision.	23349

(6) Any community school whose contract is terminated under	23350
this division shall not enter into a contract with any other	23351
sponsor.	23352

(C) A child attending a community school whose contract has	23353
been terminated, nonrenewed, or suspended or that closes for any	23354
reason shall be admitted to the schools of the district in which	23355
the child is entitled to attend under section 3313.64 or 3313.65	23356
of the Revised Code. Any deadlines established for the purpose of	23357
admitting students under section 3313.97 or 3313.98 of the Revised	23358
Code shall be waived for students to whom this division pertains.	23359

(D) If a community school does not intend to renew a contract	23360
with its sponsor, the community school shall notify its sponsor in	23361
writing of that fact at least one hundred eighty days prior to the	23362
expiration of the contract. Such a community school may enter into	23363
a contract with a new sponsor in accordance with section 3314.03	23364
of the Revised Code upon the expiration of the previous contract.	23365

(E) A sponsor of a community school and the officers,	23366
directors, or employees of such a sponsor are not liable in	23367
damages in a tort or other civil action for harm allegedly arising	23368
from either of the following:	23369

(1) A failure of the community school or any of its officers,	23370
directors, or employees to perform any statutory or common law	23371
duty or responsibility or any other legal obligation;	23372

(2) An action or omission of the community school or any of	23373
its officers, directors, or employees that results in harm.	23374

(E)(F) As used in this section:

23375

(1) "Harm" means injury, death, or loss to person or	23376
property.	23377

(2) "Tort action" means a civil action for damages for	23378
injury, death, or loss to person or property other than a civil	23379
action for damages for a breach of contract or another agreement	23380
between persons.	23381

Sec. 3314.08.  (A) As used in this section:

23382

(1) "Base formula amount" means the amount specified as such	23383
in a community school's financial plan for a school year pursuant	23384
to division (A)(15) of section 3314.03 of the Revised Code.	23385

(2) "Cost-of-doing-business factor" has the same meaning as	23386
in section 3317.02 of the Revised Code.	23387

(3) "IEP" means an individualized education program as	23388
defined in section 3323.01 of the Revised Code.	23389

(4) "Applicable special education weight" means the multiple	23390
specified in section 3317.013 of the Revised Code for a handicap	23391
described in that section.	23392

(5) "Applicable vocational education weight" means:

23393

(a) For a student enrolled in vocational education programs	23394
or classes described in division (A) of section 3317.014 of the	23395
Revised Code, the multiple specified in that division;	23396

(b) For a student enrolled in vocational education programs	23397
or classes described in division (B) of section 3317.014 of the	23398
Revised Code, the multiple specified in that division.	23399

(6) "Entitled to attend school" means entitled to attend	23400
school in a district under section 3313.64 or 3313.65 of the	23401
Revised Code.	23402

(7) A community school student is "included in the DPIA	23403
student count" of a school district if the student is entitled to	23404
attend school in the district and:	23405

(a) For school years prior to fiscal year 2004, the student's	23406
family receives assistance under the Ohio works first program.	23407

(b) For school years in and after fiscal year 2004, the	23408
student's family income does not exceed the federal poverty	23409
guidelines, as defined in section 5101.46 of the Revised Code, and	23410
the student's family receives family assistance, as defined in	23411
section 3317.029 of the Revised Code.	23412

(8) "DPIA reduction factor" means the percentage figure, if	23413
any, for reducing the per pupil amount of disadvantaged pupil	23414
impact aid a community school is entitled to receive pursuant to	23415
divisions (D)(5) and (6) of this section in any year, as specified	23416
in the school's financial plan for the year pursuant to division	23417
(A)(15) of section 3314.03 of the Revised Code.	23418

(9) "All-day kindergarten" has the same meaning as in section	23419
3317.029 of the Revised Code.	23420

(10) "SF-3 payment" means the sum of the payments to a school	23421
district in a fiscal year under divisions (A), (C)(1), (C)(4),	23422
(D), (E), and (F) of section 3317.022, divisions (J), (P), and (R)	23423
of section 3317.024, and sections 3317.029, 3317.0212, 3317.0213,	23424
3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of	23425
the Revised Code after making the adjustments required by sections	23426
3313.981 and 3313.979, divisions (B), (C), (D), (E), (K), (L), and	23427
(M) of section 3317.023, and division (C) of section 3317.20 of	23428
the Revised Code.	23429

(B) The state board of education shall adopt rules requiring	23430
both of the following:	23431

(1) The board of education of each city, exempted village,	23432
and local school district to annually report the number of	23433
students entitled to attend school in the district who are	23434
enrolled in grades one through twelve in a community school	23435
established under this chapter, the number of students entitled to	23436
attend school in the district who are enrolled in kindergarten in	23437
a community school, the number of those kindergartners who are	23438
enrolled in all-day kindergarten in their community school, and	23439
for each child, the community school in which the child is	23440
enrolled.	23441

(2) The governing authority of each community school	23442
established under this chapter to annually report all of the	23443
following:	23444

(a) The number of students enrolled in grades one through	23445
twelve and the number of students enrolled in kindergarten in the	23446
school who are not receiving special education and related	23447
services pursuant to an IEP;	23448

(b) The number of enrolled students in grades one through	23449
twelve and the number of enrolled students in kindergarten, who	23450
are receiving special education and related services pursuant to	23451
an IEP;	23452

(c) The number of students reported under division (B)(2)(b)	23453
of this section receiving special education and related services	23454
pursuant to an IEP for a handicap described in each of divisions	23455
(A) to (F) of section 3317.013 of the Revised Code;	23456

(d) The full-time equivalent number of students reported	23457
under divisions (B)(2)(a) and (b) of this section who are enrolled	23458
in vocational education programs or classes described in each of	23459
divisions (A) and (B) of section 3317.014 of the Revised Code that	23460
are provided by the community school;	23461

(e) One-fourthTen per cent of the number of students	23462
reported under divisions (B)(2)(a) and (b) of this section who are	23463
not reported under division (B)(2)(d) of this section but who are	23464
enrolled in vocational education programs or classes described in	23465
each of divisions (A) and (B) of section 3317.014 of the Revised	23466
Code at a joint vocational school district under a contract	23467
between the community school and the joint vocational school	23468
district and are entitled to attend school in a city, local, or	23469
exempted village school district whose territory is part of the	23470
territory of the joint vocational district;	23471

(f) The number of enrolled preschool handicapped students	23472
receiving special education services in a state-funded unit;	23473

(g) The community school's base formula amount;

23474

(h) For each student, the city, exempted village, or local	23475
school district in which the student is entitled to attend school;	23476

(i) Any DPIA reduction factor that applies to a school year.

23477

(C) From the paymentsSF-3 payment made to a city, exempted	23478
village, or local school district under Chapter 3317. of the	23479
Revised Code and, if necessary, from the payment made to the	23480
district under sections 321.14321.24 and 323.156 of the Revised	23481
Code, the department of education shall annually subtract allthe	23482
sum of the following:amounts described in divisions (C)(1) to (5)	23483
of this section. However, the aggregate amount deducted under this	23484
division shall not exceed the sum of the district's SF-3 payment	23485
and its payment under sections 321.24 and 323.156 of the Revised	23486
Code.	23487

(1) An amount equal to the sum of the amounts obtained when,	23488
for each community school where the district's students are	23489
enrolled, the number of the district's students reported under	23490
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	23491
in grades one through twelve, and one-half the number of students	23492
reported under those divisions who are enrolled in kindergarten,	23493
in that community school is multiplied by the base formula amount	23494
of that community school as adjusted by the school district's	23495
cost-of-doing-business factor.	23496

(2) The sum of the amounts calculated under divisions	23497
(C)(2)(a) and (b) of this section:	23498

(a) For each of the district's students reported under	23499
division (B)(2)(c) of this section as enrolled in a community	23500
school in grades one through twelve and receiving special	23501
education and related services pursuant to an IEP for a handicap	23502
described in section 3317.013 of the Revised Code, the product of	23503
the applicable special education weight times the community	23504
school's base formula amount;	23505

(b) For each of the district's students reported under	23506
division (B)(2)(c) of this section as enrolled in kindergarten in	23507
a community school and receiving special education and related	23508
services pursuant to an IEP for a handicap described in section	23509
3317.013 of the Revised Code, one-half of the amount calculated as	23510
prescribed in division (C)(2)(a) of this section.	23511

(3) For each of the district's students reported under	23512
division (B)(2)(d) of this section for whom payment is made under	23513
division (D)(4) of this section, the amount of that payment;	23514

(4) An amount equal to the sum of the amounts obtained when,	23515
for each community school where the district's students are	23516
enrolled, the number of the district's students enrolled in that	23517
community school who are included in the district's DPIA student	23518
count is multiplied by the per pupil amount of disadvantaged pupil	23519
impact aid the school district receives that year pursuant to	23520
division (B) or (C) of section 3317.029 of the Revised Code, as	23521
adjusted by any DPIA reduction factor of that community school. If	23522
the district receives disadvantaged pupil impact aid under	23523
division (B) of that section, the per pupil amount of that aid is	23524
the quotient of the amount the district received under that	23525
division divided by the district's DPIA student count, as defined	23526
in that section. If the district receives disadvantaged pupil	23527
impact aid under division (C) of section 3317.029 of the Revised	23528
Code, the per pupil amount of that aid is the per pupil dollar	23529
amount prescribed for the district in division (C)(1) or (2) of	23530
that section.	23531

(5) An amount equal to the sum of the amounts obtained when,	23532
for each community school where the district's students are	23533
enrolled, the district's per pupil amount of aid received under	23534
division (E) of section 3317.029 of the Revised Code, as adjusted	23535
by any DPIA reduction factor of the community school, is	23536
multiplied by the sum of the following:	23537

(a) The number of the district's students reported under	23538
division (B)(2)(a) of this section who are enrolled in grades one	23539
to three in that community school and who are not receiving	23540
special education and related services pursuant to an IEP;	23541

(b) One-half of the district's students who are enrolled in	23542
all-day or any other kindergarten class in that community school	23543
and who are not receiving special education and related services	23544
pursuant to an IEP;	23545

(c) One-half of the district's students who are enrolled in	23546
all-day kindergarten in that community school and who are not	23547
receiving special education and related services pursuant to an	23548
IEP.	23549

The district's per pupil amount of aid under division (E) of	23550
section 3317.029 of the Revised Code is the quotient of the amount	23551
the district received under that division divided by the	23552
district's kindergarten through third grade ADM, as defined in	23553
that section.	23554

(D) The department shall annually pay to a community school	23555
established under this chapter allthe sum of the following:	23556
amounts described in divisions (D)(1) to (6) of this section.	23557
However, the sum of the payments to all community schools under	23558
divisions (D)(1), (2), (4), (5), and (6) of this section for the	23559
students entitled to attend school in any particular school	23560
district shall not exceed the sum of that district's SF-3 payment	23561
and its payment under sections 321.24 and 323.156 of the Revised	23562
Code. If the sum of the payments calculated under those divisions	23563
for the students entitled to attend school in a particular school	23564
district exceeds the sum of that district's SF-3 payment and its	23565
payment under sections 321.24 and 323.156 of the Revised Code, the	23566
department shall calculate and apply a proration factor to the	23567
payments to all community schools under those divisions for the	23568
students entitled to attend school in that district.	23569

(1) An amount equal to the sum of the amounts obtained when	23570
the number of students enrolled in grades one through twelve, plus	23571
one-half of the kindergarten students in the school, reported	23572
under divisions (B)(2)(a), (b), and (e) of this section who are	23573
not receiving special education and related services pursuant to	23574
an IEP for a handicap described in section 3317.013 of the Revised	23575
Code is multiplied by the community school's base formula amount,	23576
as adjusted by the cost-of-doing-business factor of the school	23577
district in which the student is entitled to attend school;	23578

(2) The greater of the following:

23579

(a) The aggregate amount that the department paid to the	23580
community school in fiscal year 1999 for students receiving	23581
special education and related services pursuant to IEPs, excluding	23582
federal funds and state disadvantaged pupil impact aid funds;	23583

(b) The sum of the amounts calculated under divisions	23584
(D)(2)(b)(i) and (ii) of this section:	23585

(i) For each student reported under division (B)(2)(c) of	23586
this section as enrolled in the school in grades one through	23587
twelve and receiving special education and related services	23588
pursuant to an IEP for a handicap described in section 3317.013 of	23589
the Revised Code, the following amount:	23590

(the community school's base formula amount

23591

X the cost-of-doing-business factor

23592

of the district where the student

23593

is entitled to attend school) +	23594

(the applicable special education weight X

23595

the community school's base formula amount);

23596

(ii) For each student reported under division (B)(2)(c) of	23597
this section as enrolled in kindergarten and receiving special	23598
education and related services pursuant to an IEP for a handicap	23599
described in section 3317.013 of the Revised Code, one-half of the	23600
amount calculated under the formula prescribed in division	23601
(D)(2)(b)(i) of this section.	23602

(3) An amount received from federal funds to provide special	23603
education and related services to students in the community	23604
school, as determined by the superintendent of public instruction.	23605

(4) For each student reported under division (B)(2)(d) of	23606
this section as enrolled in vocational education programs or	23607
classes that are described in section 3317.014 of the Revised	23608
Code, are provided by the community school, and are comparable as	23609
determined by the superintendent of public instruction to school	23610
district vocational education programs and classes eligible for	23611
state weighted funding under section 3317.014 of the Revised Code,	23612
an amount equal to the applicable vocational education weight	23613
times the community school's base formula amount times the	23614
percentage of time the student spends in the vocational education	23615
programs or classes.	23616

(5) An amount equal to the sum of the amounts obtained when,	23617
for each school district where the community school's students are	23618
entitled to attend school, the number of that district's students	23619
enrolled in the community school who are included in the	23620
district's DPIA student count is multiplied by the per pupil	23621
amount of disadvantaged pupil impact aid that school district	23622
receives that year pursuant to division (B) or (C) of section	23623
3317.029 of the Revised Code, as adjusted by any DPIA reduction	23624
factor of the community school. The per pupil amount of aid shall	23625
be determined as described in division (C)(4) of this section.	23626

(6) An amount equal to the sum of the amounts obtained when,	23627
for each school district where the community school's students are	23628
entitled to attend school, the district's per pupil amount of aid	23629
received under division (E) of section 3317.029 of the Revised	23630
Code, as adjusted by any DPIA reduction factor of the community	23631
school, is multiplied by the sum of the following:	23632

(a) The number of the district's students reported under	23633
division (B)(2)(a) of this section who are enrolled in grades one	23634
to three in that community school and who are not receiving	23635
special education and related services pursuant to an IEP;	23636

(b) One-half of the district's students who are enrolled in	23637
all-day or any other kindergarten class in that community school	23638
and who are not receiving special education and related services	23639
pursuant to an IEP;	23640

(c) One-half of the district's students who are enrolled in	23641
all-day kindergarten in that community school and who are not	23642
receiving special education and related services pursuant to an	23643
IEP.	23644

The district's per pupil amount of aid under division (E) of	23645
section 3317.029 of the Revised Code shall be determined as	23646
described in division (C)(5) of this section.	23647

(E)(1) If a community school's costs for a fiscal year for a	23648
student receiving special education and related services pursuant	23649
to an IEP for a handicap described in divisions (B) to (F) of	23650
section 3317.013 of the Revised Code exceed the threshold	23651
catastrophic cost for serving the student as specified in division	23652
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	23653
submit to the superintendent of public instruction documentation,	23654
as prescribed by the superintendent, of all its costs for that	23655
student. Upon submission of documentation for a student of the	23656
type and in the manner prescribed, the department shall pay to the	23657
community school an amount equal to the school's costs for the	23658
student in excess of the threshold catastrophic costs.	23659

(2) The community school shall only report under division	23660
(E)(1) of this section, and the department shall only pay for, the	23661
costs of educational expenses and the related services provided to	23662
the student in accordance with the student's individualized	23663
education program. Any legal fees, court costs, or other costs	23664
associated with any cause of action relating to the student may	23665
not be included in the amount.	23666

(F) A community school may apply to the department of	23667
education for preschool handicapped or gifted unit funding the	23668
school would receive if it were a school district. Upon request of	23669
its governing authority, a community school that received unit	23670
funding as a school district-operated school before it became a	23671
community school shall retain any units awarded to it as a school	23672
district-operated school provided the school continues to meet	23673
eligibility standards for the unit.	23674

A community school shall be considered a school district and	23675
its governing authority shall be considered a board of education	23676
for the purpose of applying to any state or federal agency for	23677
grants that a school district may receive under federal or state	23678
law or any appropriations act of the general assembly. The	23679
governing authority of a community school may apply to any private	23680
entity for additional funds.	23681

(G) A board of education sponsoring a community school may	23682
utilize local funds to make enhancement grants to the school or	23683
may agree, either as part of the contract or separately, to	23684
provide any specific services to the community school at no cost	23685
to the school.	23686

(H) A community school may not levy taxes or issue bonds	23687
secured by tax revenues.	23688

(I) No community school shall charge tuition for the	23689
enrollment of any student.	23690

(J)(1)(a) A community school may borrow money to pay any	23691
necessary and actual expenses of the school in anticipation of the	23692
receipt of any portion of the payments to be received by the	23693
school pursuant to division (D) of this section. The school may	23694
issue notes to evidence such borrowing . The proceeds of the notes	23695
shall be used only for the purposes for which the anticipated	23696
receipts may be lawfully expended by the school.	23697

(b) A school may also borrow money for a term not to exceed	23698
fifteen years for the purpose of acquiring facilities.	23699

(2) Except for any amount guaranteed under section 3318.50 of	23700
the Revised Code, the state is not liable for debt incurred by the	23701
governing authority of a community school.	23702

(K) For purposes of determining the number of students for	23703
which divisions (D)(5) and (6) of this section applies in any	23704
school year, a community school may submit to the department of	23705
job and family services, no later than the first day of March, a	23706
list of the students enrolled in the school. For each student on	23707
the list, the community school shall indicate the student's name,	23708
address, and date of birth and the school district where the	23709
student is entitled to attend school. Upon receipt of a list under	23710
this division, the department of job and family services shall	23711
determine, for each school district where one or more students on	23712
the list is entitled to attend school, the number of students	23713
residing in that school district who were included in the	23714
department's report under section 3317.10 of the Revised Code. The	23715
department shall make this determination on the basis of	23716
information readily available to it. Upon making this	23717
determination and no later than ninety days after submission of	23718
the list by the community school, the department shall report to	23719
the state department of education the number of students on the	23720
list who reside in each school district who were included in the	23721
department's report under section 3317.10 of the Revised Code. In	23722
complying with this division, the department of job and family	23723
services shall not report to the state department of education any	23724
personally identifiable information on any student.	23725

(L) The department of education shall adjust the amounts	23726
subtracted and paid under divisions (C) and (D) of this section to	23727
reflect any enrollment of students in community schools for less	23728
than the equivalent of a full school year. The state board of	23729
education within ninety days after the effective date of this	23730
amendmentApril 8, 2003, shall adopt in accordance with Chapter	23731
119. of the Revised Code rules governing the payments to community	23732
schools under this section including initial payments in a school	23733
year and adjustments and reductions made in subsequent periodic	23734
payments to community schools and corresponding deductions from	23735
school district accounts as provided under divisions (C) and (D)	23736
of this section. For purposes of this section:	23737

(1) A student shall be considered enrolled in the community	23738
school for any portion of the school year the student is	23739
participating at a college under Chapter 3365. of the Revised	23740
Code.	23741

(2) A student shall be considered to be enrolled in a	23742
community school during a school year for the period of time	23743
between the date on which the school both has received	23744
documentation of the student's enrollment from a parent and has	23745
commenced participation in learning opportunities as defined in	23746
the contract with the sponsor. For purposes of applying this	23747
division to a community school student, "learning opportunities"	23748
shall be defined in the contract, which shall describe both	23749
classroom-based and non-classroom-based learning opportunities and	23750
shall be in compliance with criteria and documentation	23751
requirements for student participation which shall be established	23752
by the department. Any student's instruction time in	23753
non-classroom-based learning opportunities shall be certified by	23754
an employee of the community school. A student's enrollment shall	23755
be considered to cease on the date on which any of the following	23756
occur:	23757

(a) The community school receives documentation from a parent	23758
terminating enrollment of the student.	23759

(b) The community school is provided documentation of a	23760
student's enrollment in another public or private school.	23761

(c) The community school ceases to offer learning	23762
opportunities to the student pursuant to the terms of the contract	23763
with the sponsor or the operation of any provision of this	23764
chapter.	23765

(3) A student's percentage of full-time equivalency shall be	23766
considered to be the percentage the hours of learning opportunity	23767
offered to that student is of nine hundred and twenty hours.	23768

(M) The department of education shall reduce the amounts paid	23769
under division (D) of this section to reflect payments made to	23770
colleges under division (B) of section 3365.07 of the Revised	23771
Code.	23772

(N)(1) No student shall be considered enrolled in any	23773
internet- or computer-based community school unless theboth of	23774
the following conditions are satisfied:	23775

(a) The student possesses or has been provided with all	23776
required hardware and software materials and all such materials	23777
are fully operational and theso that the student is capable of	23778
fully participating in the learning opportunities specified in the	23779
contract between the school and the school's sponsor as required	23780
by division (A)(23) of section 3314.03 of the Revised Code;	23781

(b) The school is in compliance with division (A)(1) or (2)	23782
of section 3314.032 of the Revised Code, relative to such student.	23783
In	23784

(2) In accordance with policies adopted jointly by the	23785
superintendent of public instruction and the auditor of state, the	23786
department shall reduce the amounts otherwise payable under	23787
division (D) of this section to any internet- or computer-based	23788
community school that includes in its program the provision of	23789
computer hardware and software materials to each student, if such	23790
hardware and software materials have not been delivered,	23791
installed, and activated for all students in a timely manner or	23792
other educational materials or services have not been provided	23793
according to the contract between the individual community school	23794
and its sponsor.	23795

The superintendent of public instruction and the auditor of	23796
state shall jointly establish a method for auditing any community	23797
school to which this division pertains to ensure compliance with	23798
this section.	23799

The superintendent, auditor of state, and the governor shall	23800
jointly make recommendations to the general assembly for	23801
legislative changes that may be required to assure fiscal and	23802
academic accountability for such internet- or computer-based	23803
schools.	23804

(O)(1) If the department determines that a review of a	23805
community school's enrollment is necessary, such review shall be	23806
completed and written notice of the findings shall be provided to	23807
the governing authority of the community school and its sponsor	23808
within ninety days of the end of the community school's fiscal	23809
year, unless extended for a period not to exceed thirty additional	23810
days for one of the following reasons:	23811

(a) The department and the community school mutually agree to	23812
the extension.	23813

(b) Delays in data submission caused by either a community	23814
school or its sponsor.	23815

(2) If the review results in a finding that additional	23816
funding is owed to the school, such payment shall be made within	23817
thirty days of the written notice. If the review results in a	23818
finding that the community school owes moneys to the state, the	23819
following procedure shall apply:	23820

(a) Within ten business days of the receipt of the notice of	23821
findings, the community school may appeal the department's	23822
determination to the state board of education or its designee.	23823

(b) The board or its designee shall conduct an informal	23824
hearing on the matter within thirty days of receipt of such an	23825
appeal and shall issue a decision within fifteen days of the	23826
conclusion of the hearing.	23827

(c) If the board has enlisted a designee to conduct the	23828
hearing, the designee shall certify its decision to the board. The	23829
board may accept the decision of the designee or may reject the	23830
decision of the designee and issue its own decision on the matter.	23831

(d) Any decision made by the board under this division is	23832
final.	23833

(3) If it is decided that the community school owes moneys to	23834
the state, the department shall deduct such amount from the	23835
school's future payments in accordance with guidelines issued by	23836
the superintendent of public instruction.	23837

Sec. 3314.083. If the department of education pays a joint	23838
vocational school district under division (G)(4) of section	23839
3317.16 of the Revised Code for excess costs of providing special	23840
education and related services to a handicapped student who is	23841
enrolled in a community school, as calculated under division	23842
(G)(2) of that section, the department shall deduct the amount of	23843
that payment from the amount calculated for payment to the	23844
community school under section 3314.08 of the Revised Code.	23845

Sec. 3314.17. (A) Each community school established under	23846
this chapter shall participate in the statewide education	23847
management information system established under section 3301.0714	23848
of the Revised Code. All provisions of that section and the rules	23849
adopted under that section apply to each community school as if it	23850
were a school district, except as modified for community schools	23851
under division (B) of this section.	23852

(B) The rules adopted by the state board of education under	23853
section 3301.0714 of the Revised Code may distinguish methods and	23854
timelines for community schools to annually report data, which	23855
methods and timelines differ from those prescribed for school	23856
districts. Any methods and timelines prescribed for community	23857
schools shall be appropriate to the academic schedule and	23858
financing of community schools. The guidelines, however, shall not	23859
modify the actual data required to be reported under that section.	23860

(C) Each fiscal officer appointed under section 3314.011 of	23861
the Revised Code is responsible for annually reporting the	23862
community school's data under section 3301.0714 of the Revised	23863
Code. If the superintendent of public instruction determines that	23864
a community school fiscal officer has willfully failed to report	23865
data or has willfully reported erroneous, inaccurate, or	23866
incomplete data in any year, or has negligently reported	23867
erroneous, inaccurate, or incomplete data in the current and any	23868
previous year, the superintendent may impose a civil penalty of	23869
one hundred dollars on the fiscal officer after providing the	23870
officer with notice and an opportunity for a hearing in accordance	23871
with Chapter 119. of the Revised Code. The superintendent's	23872
authority to impose civil penalties under this division does not	23873
preclude the state board of education from suspending or revoking	23874
the license of a community school employee under division (N) of	23875
section 3301.0714 of the Revised Code.	23876

(D) No community school shall acquire, change, or update its	23877
student administration software package to manage and report data	23878
required to be reported to the department unless it converts to a	23879
student software package that is certified by the department.	23880

Sec. 3316.031.  (A) The state superintendent of public	23881
instruction, in consultation with the auditor of state, shall	23882
develop guidelines for identifying fiscal practices and budgetary	23883
conditions that, if uncorrected, could result in a future	23884
declaration of a fiscal watch or fiscal emergency within a school	23885
district.	23886

The guidelines shall not include a requirement that a school	23887
district submit financial statements according to generally	23888
accepted accounting principles.	23889

(B)(1) If the state superintendent determines from a school	23890
district's five-year forecast submitted under section 5705.391 of	23891
the Revised Code that a district is engaging in any of those	23892
practices or that any of those conditions exist within the	23893
district, after consulting with the district board of education	23894
concerning the practices or conditions, the state superintendent	23895
may declare the district to be under a fiscal caution.	23896

(2) If the auditor of state finds that a district is engaging	23897
in any of those practices or that any of those conditions exist	23898
within the district, the auditor of state shall report that	23899
finding to the state superintendent and, after consulting with the	23900
district board of education concerning the practices or	23901
conditions, the state superintendent may declare the district to	23902
be under a fiscal caution.	23903

(3) Unless the auditor of state has elected to declare a	23904
state of fiscal watch under division (A)(4) of section 3316.03 of	23905
the Revised Code, the state superintendent shall declare a school	23906
district to be under a fiscal caution if the conditions described	23907
in divisions (A)(4)(a) and (b) of that section are both satisfied	23908
with respect to the school district.	23909

(C) When the state superintendent declares a district to be	23910
under fiscal caution, the state superintendent shall promptly	23911
notify the district board of education of that declaration and	23912
shall request the board to provide written proposals for	23913
discontinuing or correcting the fiscal practices or budgetary	23914
conditions that prompted the declaration and for preventing the	23915
district from experiencing further fiscal difficulties that could	23916
result in the district being declared to be in a state of fiscal	23917
watch or fiscal emergency.	23918

(D) The state superintendent, or a designee, may visit and	23919
inspect any district that is declared to be under a fiscal	23920
caution. The department of education shall provide technical	23921
assistance to the district board in implementing proposals to	23922
eliminate the practices or budgetary conditions that prompted the	23923
declaration of fiscal caution and may make recommendations	23924
concerning the board's proposals.	23925

(E) If the state superintendent finds that a school district	23926
declared to be under a fiscal caution has not made reasonable	23927
proposals or otherwise taken action to discontinue or correct the	23928
fiscal practices or budgetary conditions that prompted the	23929
declaration of fiscal caution, and if the state superintendent	23930
considers it necessary to prevent further fiscal decline, the	23931
state superintendent may determine that the district should be in	23932
a state of fiscal watch. As provided in division (A)(3) of section	23933
3316.03 of the Revised Code, the auditor of state shall declare	23934
the district to be in a state of fiscal watch if the auditor of	23935
state finds the superintendent's determination to be reasonable.	23936

Sec. 3316.08.  During a school district's fiscal emergency	23937
period, the auditor of state shall determine annually, or at any	23938
other time upon request of the financial planning and supervision	23939
commission, whether the school district will incur an operating	23940
deficit. If the auditor of state determines that a school district	23941
will incur an operating deficit, the auditor of state shall	23942
certify that determination to the superintendent of public	23943
instruction, the financial planning and supervision commission,	23944
and the board of education of the school district. Upon receiving	23945
the auditor of state's certification, the board of education or	23946
commission shall adopt a resolution to submit a ballot question	23947
proposing the levy of a taxrequesting that the board of education	23948
work with the county auditor or tax commissioner to estimate the	23949
amount and rate of a tax levy that is needed under section	23950
5705.194 or 5705.21 or Chapter 5748. of the Revised Code to	23951
produce a positive fund balance not later than the fifth year of	23952
the five-year forecast submitted under section 5705.391 of the	23953
Revised Code. Except	23954

The board of education shall recommend to the commission	23955
whether the board supports or opposes a tax levy under section	23956
5705.194 or 5705.21 or Chapter 5748. of the Revised Code and shall	23957
provide supporting documentation to the commission of its	23958
recommendation.	23959

After considering the board of education's recommendation and	23960
supporting documentation, the commission shall adopt a resolution	23961
to either submit a ballot question proposing a tax levy or not to	23962
submit such a question.	23963

Except as otherwise provided in this division, the tax shall	23964
be levied in the manner prescribed for a tax levied under section	23965
5705.194 or 5705.21 or under Chapter 5748. of the Revised Code.	23966
TheIf the commission decides that a tax shallshould be levied,	23967
the tax shall be levied for the purpose of paying current	23968
operating expenses of the school district. The question shall	23969
propose that the tax be levied at the rate required to produce	23970
annual revenue sufficient to eliminate the operating deficit as	23971
certified by the auditor of state and to repay outstanding loans	23972
or other obligations incurred by the board of education for the	23973
purpose of reducing or eliminating operating deficits, as	23974
determined by the financial planning and supervision commission.	23975
The rate of a tax levied under section 5705.194 or 5705.21 of the	23976
Revised Code shall be determined by the county auditor, and the	23977
rate of a tax levied under section 5748.02 or 5748.08 of the	23978
Revised Code shall be determined by the tax commissioner, upon the	23979
request of the commission. The commission, in consultation with	23980
the board of education, shall determine the election at which the	23981
question of the tax shall appear on the ballot, and the board of	23982
education or commission shall submit a copy of its resolution to	23983
the board of elections not later than seventy-five days prior to	23984
the day of that election. The board of elections conducting the	23985
election shall certify the results of the election to the board of	23986
education and to the financial planning and supervision	23987
commission.	23988

Sec. 3317.012.  (A)(1) The general assembly, having analyzed	23989
school district expenditure and cost data for fiscal year 1999,	23990
performed the calculation described in division (B) of this	23991
section, adjusted the results for inflation, and added the amounts	23992
described in division (A)(2) of this section, hereby determines	23993
that the base cost of an adequate education per pupil for the	23994
fiscal year beginning July 1, 2001, is $4,814. For the fivethree	23995
following fiscal years, the base cost per pupil for each of those	23996
years, reflecting an annual rate of inflation of two and	23997
eight-tenths per cent, is $4,949 for fiscal year 2003, $5,088 for	23998
fiscal year 2004, and $5,230 for fiscal year 2005, $5,376 for	23999
fiscal year 2006, and $5,527 for fiscal year 2007.	24000

(2) The base cost per pupil amounts specified in division	24001
(A)(1) of this section include amounts to reflect the cost to	24002
school districts of increasing the minimum number of high school	24003
academic units required for graduation beginning September 15,	24004
2001, under section 3313.603 of the Revised Code. Analysis of	24005
fiscal year 1999 data revealed that the school districts meeting	24006
the requirements of division (B) of this section on average	24007
required high school students to complete a minimum of nineteen	24008
and eight-tenths units to graduate. The general assembly	24009
determines that the cost of funding the additional two-tenths unit	24010
required by section 3313.603 of the Revised Code is $12 per pupil	24011
in fiscal year 2002. This amount was added after the calculation	24012
described in division (B) of this section and the adjustment for	24013
inflation from fiscal year 1999 to fiscal year 2002. It is this	24014
total amount, the calculated base cost plus the supplement to pay	24015
for the additional partial unit, that constitutes the base cost	24016
amount specified in division (A)(1) of this section for fiscal	24017
year 2002 and that is inflated to produce the base cost amounts	24018
for fiscal years 2003 through 20072005.	24019

(B) In determining the base cost stated in division (A) of	24020
this section, capital and debt costs, costs paid for by federal	24021
funds, and costs covered by funds provided for disadvantaged pupil	24022
impact aid and transportation were excluded, as were the effects	24023
on the districts' state funds of the application of the	24024
cost-of-doing-business factors, assuming a seven and one-half per	24025
cent variance.	24026

The base cost for fiscal year 1999 was calculated as the	24027
unweighted average cost per student, on a school district basis,	24028
of educating students who were not receiving vocational education	24029
or services pursuant to Chapter 3323. of the Revised Code and who	24030
were enrolled in a city, exempted village, or local school	24031
district that in fiscal year 1999 met all of the following	24032
criteria:	24033

(1) The district met at least twenty of the following	24034
twenty-seven performance indicators:	24035

(a) A ninety per cent or higher graduation rate;

24036

(b) At least seventy-five per cent of fourth graders	24037
proficient on the mathematics test prescribed under former	24038
division (A)(1) of section 3301.0710 of the Revised Code;	24039

(c) At least seventy-five per cent of fourth graders	24040
proficient on the reading test prescribed under former division	24041
(A)(1) of section 3301.0710 of the Revised Code;	24042

(d) At least seventy-five per cent of fourth graders	24043
proficient on the writing test prescribed under former division	24044
(A)(1) of section 3301.0710 of the Revised Code;	24045

(e) At least seventy-five per cent of fourth graders	24046
proficient on the citizenship test prescribed under former	24047
division (A)(1) of section 3301.0710 of the Revised Code;	24048

(f) At least seventy-five per cent of fourth graders	24049
proficient on the science test prescribed under former division	24050
(A)(1) of section 3301.0710 of the Revised Code;	24051

(g) At least seventy-five per cent of sixth graders	24052
proficient on the mathematics test prescribed under former	24053
division (A)(2) of section 3301.0710 of the Revised Code;	24054

(h) At least seventy-five per cent of sixth graders	24055
proficient on the reading test prescribed under former division	24056
(A)(2) of section 3301.0710 of the Revised Code;	24057

(i) At least seventy-five per cent of sixth graders	24058
proficient on the writing test prescribed under former division	24059
(A)(2) of section 3301.0710 of the Revised Code;	24060

(j) At least seventy-five per cent of sixth graders	24061
proficient on the citizenship test prescribed under former	24062
division (A)(2) of section 3301.0710 of the Revised Code;	24063

(k) At least seventy-five per cent of sixth graders	24064
proficient on the science test prescribed under former division	24065
(A)(2) of section 3301.0710 of the Revised Code;	24066

(l) At least seventy-five per cent of ninth graders	24067
proficient on the mathematics test prescribed under Section 4 of	24068
Am. Sub. S.B. 55 of the 122nd general assembly;	24069

(m) At least seventy-five per cent of ninth graders	24070
proficient on the reading test prescribed under Section 4 of Am.	24071
Sub. S.B. 55 of the 122nd general assembly;	24072

(n) At least seventy-five per cent of ninth graders	24073
proficient on the writing test prescribed under Section 4 of Am.	24074
Sub. S.B. 55 of the 122nd general assembly;	24075

(o) At least seventy-five per cent of ninth graders	24076
proficient on the citizenship test prescribed under Section 4 of	24077
Am. Sub. S.B. 55 of the 122nd general assembly;	24078

(p) At least seventy-five per cent of ninth graders	24079
proficient on the science test prescribed under Section 4 of Am.	24080
Sub. S.B. 55 of the 122nd general assembly;	24081

(q) At least eighty-five per cent of tenth graders proficient	24082
on the mathematics test prescribed under Section 4 of Am. Sub.	24083
S.B. 55 of the 122nd general assembly;	24084

(r) At least eighty-five per cent of tenth graders proficient	24085
on the reading test prescribed under Section 4 of Am. Sub. S.B. 55	24086
of the 122nd general assembly;	24087

(s) At least eighty-five per cent of tenth graders proficient	24088
on the writing test prescribed under Section 4 of Am. Sub. S.B. 55	24089
of the 122nd general assembly;	24090

(t) At least eighty-five per cent of tenth graders proficient	24091
on the citizenship test prescribed under Section 4 of Am. Sub.	24092
S.B. 55 of the 122nd general assembly;	24093

(u) At least eighty-five per cent of tenth graders proficient	24094
on the science test prescribed under Section 4 of Am. Sub. S.B. 55	24095
of the 122nd general assembly;	24096

(v) At least sixty per cent of twelfth graders proficient on	24097
the mathematics test prescribed under former division (A)(3) of	24098
section 3301.0710 of the Revised Code;	24099

(w) At least sixty per cent of twelfth graders proficient on	24100
the reading test prescribed under former division (A)(3) of	24101
section 3301.0710 of the Revised Code;	24102

(x) At least sixty per cent of twelfth graders proficient on	24103
the writing test prescribed under former division (A)(3) of	24104
section 3301.0710 of the Revised Code;	24105

(y) At least sixty per cent of twelfth graders proficient on	24106
the citizenship test prescribed under former division (A)(3) of	24107
section 3301.0710 of the Revised Code;	24108

(z) At least sixty per cent of twelfth graders proficient on	24109
the science test prescribed under former division (A)(3) of	24110
section 3301.0710 of the Revised Code;	24111

(aa) An attendance rate for the year of at least ninety-three	24112
per cent as defined in section 3302.01 of the Revised Code.	24113

In determining whether a school district met any of the	24114
performance standards specified in divisions (B)(1)(a) to (aa) of	24115
this section, the general assembly used a rounding procedure	24116
previously recommended by the department of education. It is the	24117
same rounding procedure the general assembly used in 1998 to	24118
determine whether a district had met the standards of former	24119
divisions (B)(1)(a) to (r) of this section for purposes of	24120
constructing the previous model based on fiscal year 1996 data.	24121

(2) The district was not among the five per cent of all	24122
districts with the highest income, nor among the five per cent of	24123
all districts with the lowest income.	24124

(3) The district was not among the five per cent of all	24125
districts with the highest valuation per pupil, nor among the five	24126
per cent of all districts with the lowest valuation per pupil.	24127

This model for calculating the base cost of an adequate	24128
education is expenditure-based. The general assembly recognizes	24129
that increases in state funding to school districts since fiscal	24130
year 1996, the fiscal year upon which the general assembly based	24131
its model for calculating state funding to school districts for	24132
fiscal years 1999 through 2001, has increased school district base	24133
cost expenditures for fiscal year 1999, the fiscal year upon which	24134
the general assembly based its model for calculating state funding	24135
for fiscal years 2002 through 20072005. In the case of school	24136
districts included in the fiscal year 1999 model that also had met	24137
the fiscal year 1996 performance criteria of former division	24138
(B)(1) of this section, the increased state funding may have	24139
driven the districts' expenditures beyond the expenditures that	24140
were actually needed to maintain their educational programs at the	24141
level necessary to maintain their ability to meet the fiscal year	24142
1999 performance criteria of current division (B)(1) of this	24143
section. The general assembly has determined to control for this	24144
effect by stipulating in the later model that the fiscal year 1999	24145
base cost expenditures of the districts that also met the	24146
performance criteria of former division (B)(1) of this section	24147
equals their base cost expenditures per pupil for fiscal year	24148
1996, inflated to fiscal year 1999 using an annual rate of	24149
inflation of two and eight-tenths per cent. However, if this	24150
inflated amount exceeded the district's actual fiscal year 1999	24151
base cost expenditures per pupil, the district's actual fiscal	24152
year 1999 base cost expenditures per pupil were used in the	24153
calculation. For districts in the 1999 model that did not also	24154
meet the performance criteria of former division (B)(1) of this	24155
section, the actual 1999 base cost per pupil expenditures were	24156
used in the calculation of the average district per pupil costs of	24157
the model districts.	24158

(C) In July of 2005, and in July of every six years	24159
thereafter, the speaker of the house of representatives and the	24160
president of the senate shall each appoint three members to a	24161
committee to reexamine the cost of an adequate education. No more	24162
than two members from any political party shall represent each	24163
house. The director of budget and management and the	24164
superintendent of public instruction shall serve as nonvoting ex	24165
officio members of the committee.	24166

The committee shall select a rational methodology for	24167
calculating the costs of an adequate education system for the	24168
ensuing six-year period, and shall report the methodology and the	24169
resulting costs to the general assembly. In performing its	24170
function, the committee is not bound by any method used by	24171
previous general assemblies to examine and calculate costs and	24172
instead may utilize any rational method it deems suitable and	24173
reasonable given the educational needs and requirements of the	24174
state at that time.	24175

The methodology for determining the cost of an adequate	24176
education system shall take into account the basic educational	24177
costs that all districts incur in educating regular students, the	24178
unique needs of special categories of students, and significant	24179
special conditions encountered by certain classifications of	24180
school districts.	24181

The committee also shall redetermine, for purposes of	24182
updating the parity aid calculation under section 3317.0217 of the	24183
Revised Code, the average number of effective operating mills that	24184
school districts in the seventieth to ninetieth percentiles of	24185
valuations per pupil collect above the revenues required to	24186
finance their attributed local shares of the calculated cost of an	24187
adequate education.	24188

Any committee appointed pursuant to this section shall make	24189
its report to the office of budget and management and the general	24190
assembly within one year of its appointment so that the	24191
information is available for use by the office and the general	24192
assembly in preparing the next biennial appropriations act.	24193

(D)(1) For purposes of this division, an "update year" is the	24194
first fiscal year for which the per pupil base cost of an adequate	24195
education is in effect after being recalculated by the general	24196
assembly. The first update year is fiscal year 2002. The second	24197
update year is fiscal year 2008.	24198

(2) The general assembly shall recalculate the per pupil base	24199
cost of an adequate education every six years after considering	24200
the recommendations of the committee appointed under division (C)	24201
of this section. At the time of the recalculation, for each of the	24202
five fiscal years following the update year, the general assembly	24203
shall adjust the base cost recalculated for the update year using	24204
an annual rate of inflation that the general assembly determines	24205
appropriate.	24206

(3) The general assembly shall include, in the act	24207
appropriating state funds for education programs for a fiscal	24208
biennium that begins with an update year, a statement of its	24209
determination of the total state share percentage of base cost and	24210
parity aid funding for the update year.	24211

(4) During its biennial budget deliberations, the general	24212
assembly shall determine the total state share percentage of base	24213
cost and parity aid funding for each fiscal year of the upcoming	24214
biennium. This determination shall be based on the latest	24215
projections and data provided by the department of education under	24216
division (D)(6) of this section prior to the enactment of	24217
education appropriations for the upcoming biennium. If, based on	24218
those latest projections and data, the general assembly determines	24219
that the total state share percentage for either or both nonupdate	24220
fiscal years varies more than two and one-half percentage points	24221
more or less than the total state share percentage for the most	24222
recent update year, as previously stated by the general assembly	24223
under division (D)(3) of this section, the general assembly shall	24224
determine and enact a method that it considers appropriate to	24225
restrict the estimated variance for each year to within two and	24226
one-half percentage points. The general assembly's methods may	24227
include, but are not required to include and need not be limited	24228
to, reexamining the rate of millage charged off as the local share	24229
of base cost funding under divisions (A)(1) and (2) of section	24230
3317.022 of the Revised Code. Regardless of any changes in	24231
charge-off millage rates in years between update years, however,	24232
the charge-off millage rate for update years shall be twenty-three	24233
mills, unless the general assembly determines that a different	24234
millage rate is more appropriate to share the total calculated	24235
base cost between the state and school districts.	24236

(5) The total state share percentage of base cost and parity	24237
aid funding for any fiscal year is calculated as follows:	24238

[(Total state base cost + total state parity aid funding) -	24239
statewide charge-off amount] / (Total state base cost + total	24240
state parity aid funding)	24241

Where:

24242

(a) The total state base cost equals the sum of the base	24243
costs for all school districts for the fiscal year.	24244

(b) The base cost for each school district equals:

24245

formula amount X cost-of-doing-business factor X

24246

the greater of formula ADM or	24247

three-year average formula ADM

24248

(c) The total state parity aid funding equals the sum of the	24249
amounts paid to all school districts for the fiscal year under	24250
section 3317.0217 of the Revised Code.	24251

(d) The statewide charge-off amount equals the sum of the	24252
charge-off amounts for all school districts.	24253

(e) The charge-off amount for each school district is the	24254
amount calculated as its local share of base cost funding and	24255
deducted from the total calculated base cost to determine the	24256
amount of its state payment under divisions (A)(1) and (2) of	24257
section 3317.022 of the Revised Code. The charge-off amount for	24258
each school district in fiscal year 2002 is the product of	24259
twenty-three mills multiplied by the district's recognized	24260
valuation as adjusted, if applicable, under division (A)(2) of	24261
section 3317.022 of the Revised Code. If however, in any fiscal	24262
year, including fiscal year 2002, a school district's calculated	24263
charge-off amount exceeds its base cost calculated as described in	24264
division (D)(5)(b) of this section, the district's charge-off	24265
amount shall be deemed to equal its calculated base cost.	24266

(6) Whenever requested by the chairperson of the standing	24267
committee of the house or representatives or the senate having	24268
primary jurisdiction over appropriations, the legislative budget	24269
officer, or the director of budget and management, the department	24270
of education shall report its latest projections for total base	24271
cost, total parity aid funding, and the statewide charge-off	24272
amount, as those terms are defined in division (D)(5) of this	24273
section, for each year of the upcoming fiscal biennium, and all	24274
data it used to make the projections.	24275

Sec. 3317.013.  This section does not apply to handicapped	24276
preschool students.	24277

Analysis of special education cost data has resulted in a	24278
finding that the average special education additional cost per	24279
pupil, including the costs of related services, can be expressed	24280
as a multiple of the base cost per pupil calculated under section	24281
3317.012 of the Revised Code. The multiples for the following	24282
categories of special education programs, as these programs are	24283
defined for purposes of Chapter 3323. of the Revised Code, and	24284
adjusted as provided in this section, are as follows:	24285

(A) A multiple of 0.2892 for students whose primary or only	24286
identified handicap is a speech and language handicap, as this	24287
term is defined pursuant to Chapter 3323. of the Revised Code;	24288

(B) A multiple of 0.3691 for students identified as specific	24289
learning disabled or developmentally handicapped, as these terms	24290
are defined pursuant to Chapter 3323. of the Revised Code, or	24291
other health handicapped-minor;	24292

(C) A multiple of 1.7695 for students identified as hearing	24293
handicapped, vision impaired, or severe behavior handicapped, as	24294
these terms are defined pursuant to Chapter 3323. of the Revised	24295
Code;	24296

(D) A multiple of 2.3646 for students identified as	24297
orthopedically handicapped, as this term is defined pursuant to	24298
Chapter 3323. of the Revised Code or other health handicapped -	24299
major;	24300

(E) A multiple of 3.1129 for students identified as	24301
multihandicapped, as this term is defined pursuant to Chapter	24302
3323. of the Revised Code;	24303

(F) A multiple of 4.7342 for students identified as autistic,	24304
having traumatic brain injuries, or as both visually and hearing	24305
disabled, as these terms are defined pursuant to Chapter 3323. of	24306
the Revised Code.	24307

In fiscal year 20022004, the multiples specified in	24308
divisions (A) to (F) of this section shall be adjusted by	24309
multiplying them by 0.8250.88. In fiscal year 20032005, the	24310
multiples specified in those divisions shall be adjusted by	24311
multiplying them by 0.8750.90.	24312

Not later than May 30, 2004, and May 30, 2005, the department	24313
shall submit to the office of budget and management a report that	24314
specifies for each city, local, exempted village, and joint	24315
vocational school district the fiscal year allocation of the state	24316
and local shares of special education and related services	24317
additional weighted funding and federal special education funds	24318
passed through to the district.	24319

Sec. 3317.014.  The average vocational education additional	24320
cost per pupil can be expressed as a multiple of the base cost per	24321
pupil calculated under section 3317.012 of the Revised Code. the	24322
multiples for the following categories of vocational education	24323
programs are as follows:	24324

(A) A multiple of 0.57 for students enrolled in vocational	24325
education job-training and workforce development programs approved	24326
by the department of education in accordance with rules adopted	24327
under section 3313.90 of the Revised Code.	24328

(B) A multiple of 0.28 for students enrolled in vocational	24329
education classes other than job-training and workforce	24330
development programs.	24331

Vocational education associated services costs can be	24332
expressed as a multiple of 0.05 of the base cost per pupil	24333
calculated under section 3317.012 of the Revised Code.	24334

The general assembly has adjusted the multiples specified in	24335
this section for calculating payments beginning in fiscal year	24336
2002 in recognition that its policy change regarding the	24337
application of the cost-of-doing-business factor produces a higher	24338
base cost amount than would exist if no change were made to its	24339
application. The adjustment maintains the same weighted costs as	24340
would exist if no change were made to the application of the	24341
cost-of-doing-business factor.	24342

The department of education shall annually report to the	24343
governor and the general assembly the amount of weighted funding	24344
for vocational education and associated services that is spent by	24345
each city, local, exempted village, and joint vocational school	24346
district specifically for vocational educational and associated	24347
services.	24348

Sec. 3317.022.  (A)(1) The department of education shall	24349
compute and distribute state base cost funding to each school	24350
district for the fiscal year in accordance with the following	24351
formula, making any adjustment required by division (A)(2) of this	24352
section and using the information obtained under section 3317.021	24353
of the Revised Code in the calendar year in which the fiscal year	24354
begins.	24355

Compute the following for each eligible district:

24356

[(cost-of-doing-business factor X

24357

the formula amount X (the greater of formula ADM

24358

or three-year average formula ADM)] -

24359

(.023 X recognized valuation)

24360

If the difference obtained is a negative number, the	24361
district's computation shall be zero.	24362

(2)(a) For each school district for which the tax exempt	24363
value of the district equals or exceeds twenty-five per cent of	24364
the potential value of the district, the department of education	24365
shall calculate the difference between the district's tax exempt	24366
value and twenty-five per cent of the district's potential value.	24367

(b) For each school district to which division (A)(2)(a) of	24368
this section applies, the department shall adjust the recognized	24369
valuation used in the calculation under division (A)(1) of this	24370
section by subtracting from it the amount calculated under	24371
division (A)(2)(a) of this section.	24372

(B) As used in this section:

24373

(1) The "total special education weight" for a district means	24374
the sum of the following amounts:	24375

(a) The district's category one special education ADM	24376
multiplied by the multiple specified in division (A) of section	24377
3317.013 of the Revised Code;	24378

(b) The district's category two special education ADM	24379
multiplied by the multiple specified in division (B) of section	24380
3317.013 of the Revised Code;	24381

(c) The district's category three special education ADM	24382
multiplied by the multiple specified in division (C) of section	24383
3317.013 of the Revised Code;	24384

(d) The district's category four special education ADM	24385
multiplied by the multiple specified in division (D) of section	24386
3317.013 of the Revised Code;	24387

(e) The district's category five special education ADM	24388
multiplied by the multiple specified in division (E) of section	24389
3317.013 of the Revised Code;	24390

(f) The district's category six special education ADM	24391
multiplied by the multiple specified in division (F) of section	24392
3317.013 of the Revised Code.	24393

(2) "State share percentage" means the percentage calculated	24394
for a district as follows:	24395

(a) Calculate the state base cost funding amount for the	24396
district for the fiscal year under division (A) of this section.	24397
If the district would not receive any state base cost funding for	24398
that year under that division, the district's state share	24399
percentage is zero.	24400

(b) If the district would receive state base cost funding	24401
under that division, divide that amount by an amount equal to the	24402
following:	24403

Cost-of-doing-business factor X

24404

the formula amount X (the greater of formula

24405

ADM or three-year average formula ADM)

24406

The resultant number is the district's state share	24407
percentage.	24408

(3) "Related services" includes:

24409

(a) Child study, special education supervisors and	24410
coordinators, speech and hearing services, adaptive physical	24411
development services, occupational or physical therapy, teacher	24412
assistants for handicapped children whose handicaps are described	24413
in division (B) of section 3317.013 or division (F)(3) of section	24414
3317.02 of the Revised Code, behavioral intervention, interpreter	24415
services, work study, nursing services, and specialized	24416
integrative services as those terms are defined by the department;	24417

(b) Speech and language services provided to any student with	24418
a handicap, including any student whose primary or only handicap	24419
is a speech and language handicap;	24420

(c) Any related service not specifically covered by other	24421
state funds but specified in federal law, including but not	24422
limited to, audiology and school psychological services;	24423

(d) Any service included in units funded under former	24424
division (O)(1) of section 3317.023 of the Revised Code;	24425

(e) Any other related service needed by handicapped children	24426
in accordance with their individualized education plans.	24427

(4) The "total vocational education weight" for a district	24428
means the sum of the following amounts:	24429

(a) The district's category one vocational education ADM	24430
multiplied by the multiple specified in division (A) of section	24431
3317.014 of the Revised Code;	24432

(b) The district's category two vocational education ADM	24433
multiplied by the multiple specified in division (B) of section	24434
3317.014 of the Revised Code.	24435

(C)(1) The department shall compute and distribute state	24436
special education and related services additional weighted costs	24437
funds to each school district in accordance with the following	24438
formula:	24439

The district's state share percentage

24440

X the formula amount for the year

24441

for which the aid is calculated

24442

X the district's total special education weight

24443

(2) The attributed local share of special education and	24444
related services additional weighted costs equals:	24445

(1 - the district's state share percentage) X

24446

the district's total special education weight X

24447

the formula amount

24448

(3)(a) The department shall compute and pay in accordance	24449
with this division additional state aid to school districts for	24450
students in categories two through six special education ADM. If a	24451
district's costs for the fiscal year for a student in its	24452
categories two through six special education ADM exceed the	24453
threshold catastrophic cost for serving the student, the district	24454
may submit to the superintendent of public instruction	24455
documentation, as prescribed by the superintendent, of all its	24456
costs for that student. Upon submission of documentation for a	24457
student of the type and in the manner prescribed, the department	24458
shall pay to the district an amount equal to the sum of the	24459
following:	24460

(i) One-half of the district's costs for the student in	24461
excess of the threshold catastrophic cost;	24462

(ii) The product of one-half of the district's costs for the	24463
student in excess of the threshold catastrophic cost multiplied by	24464
the district's state share percentage.	24465

(b) For purposes of division (C)(3)(a) of this section, the	24466
threshold catastrophic cost for serving a student equals:	24467

(i) For a student in the school district's category two,	24468
three, four, or five special education ADM, twenty-five thousand	24469
dollars in fiscal year 2002 and twenty-five thousand seven hundred	24470
dollars in fiscal yearyears 2003, 2004, and 2005;	24471

(ii) For a student in the district's category six special	24472
education ADM, thirty thousand dollars in fiscal year 2002 and	24473
thirty thousand eight hundred forty dollars in fiscal yearyears	24474
2003, 2004, and 2005.	24475

The threshold catastrophic costs for fiscal year 2003	24476
represent a two and eight-tenths per cent inflationary increase	24477
over fiscal year 2002.	24478

(c) The district shall only report under division (C)(3)(a)	24479
of this section, and the department shall only pay for, the costs	24480
of educational expenses and the related services provided to the	24481
student in accordance with the student's individualized education	24482
program. Any legal fees, court costs, or other costs associated	24483
with any cause of action relating to the student may not be	24484
included in the amount.	24485

(5)(4)(a) As used in this division, the "personnel allowance"	24486
means thirty thousand dollars in fiscal years 2002 and, 2003,	24487
2004, and 2005.	24488

(b) For the provision of speech services to students,	24489
including students who do not have individualized education	24490
programs prepared for them under Chapter 3323. of the Revised	24491
Code, and for no other purpose, the department of education shall	24492
pay each school district an amount calculated under the following	24493
formula:	24494

(formula ADM divided by 2000) X

24495

the personnel allowance X the state share percentage

24496

(5) In any fiscal year, a school district shall spend for	24497
purposes that the department designates as approved for special	24498
education and related services expenses at least the amount	24499
calculated as follows:	24500

(cost-of-doing-business factor X

24501

formula amount X the sum of categories

24502

one through six special education ADM) +	24503

(total special education weight X formula amount)

24504

The purposes approved by the department for special education	24505
expenses shall include, but shall not be limited to,	24506
identification of handicapped children, compliance with state	24507
rules governing the education of handicapped children and	24508
prescribing the continuum of program options for handicapped	24509
children, and the portion of the school district's overall	24510
administrative and overhead costs that are attributable to the	24511
district's special education student population.	24512

The department shall require school districts to report data	24513
annually to allow for monitoring compliance with division (C)(5)	24514
of this section. The department shall annually report to the	24515
governor and the general assembly the amount of money spent by	24516
each school district for special education and related services.	24517

(D)(1) As used in this division:

24518

(a) "Daily bus miles per student" equals the number of bus	24519
miles traveled per day, divided by transportation base.	24520

(b) "Transportation base" equals total student count as	24521
defined in section 3301.011 of the Revised Code, minus the number	24522
of students enrolled in preschool handicapped units, plus the	24523
number of nonpublic school students included in transportation	24524
ADM.	24525

(c) "Transported student percentage" equals transportation	24526
ADM divided by transportation base.	24527

(d) "Transportation cost per student" equals total operating	24528
costs for board-owned or contractor-operated school buses divided	24529
by transportation base.	24530

(2) Analysis of student transportation cost data has resulted	24531
in a finding that an average efficient transportation use cost per	24532
student can be calculated by means of a regression formula that	24533
has as its two independent variables the number of daily bus miles	24534
per student and the transported student percentage. For fiscal	24535
year 1998 transportation cost data, the average efficient	24536
transportation use cost per student is expressed as follows:	24537

51.79027 + (139.62626 X daily bus miles per student) +

24538

(116.25573 X transported student percentage)

24539

The department of education shall annually determine the	24540
average efficient transportation use cost per student in	24541
accordance with the principles stated in division (D)(2) of this	24542
section, updating the intercept and regression coefficients of the	24543
regression formula modeled in this division, based on an annual	24544
statewide analysis of each school district's daily bus miles per	24545
student, transported student percentage, and transportation cost	24546
per student data. The department shall conduct the annual update	24547
using data, including daily bus miles per student, transported	24548
student percentage, and transportation cost per student data, from	24549
the prior fiscal year. The department shall notify the office of	24550
budget and management of such update by the fifteenth day of	24551
February of each year.	24552

(3) In addition to funds paid under divisions (A), (C), and	24553
(E) of this section, each district with a transported student	24554
percentage greater than zero shall receive a payment equal to a	24555
percentage of the product of the district's transportation base	24556
from the prior fiscal year times the annually updated average	24557
efficient transportation use cost per student, times an inflation	24558
factor of two and eight tenths per cent to account for the	24559
one-year difference between the data used in updating the formula	24560
and calculating the payment and the year in which the payment is	24561
made. The percentage shall be the following percentage of that	24562
product specified for the corresponding fiscal year:	24563

The payments made under division (D)(3) of this section each	24569
year shall be calculated based on all of the same prior year's	24570
data used to update the formula.	24571

(4) In addition to funds paid under divisions (D)(2) and (3)	24572
of this section, a school district shall receive a rough road	24573
subsidy if both of the following apply:	24574

(a) Its county rough road percentage is higher than the	24575
statewide rough road percentage, as those terms are defined in	24576
division (D)(5) of this section;	24577

(b) Its district student density is lower than the statewide	24578
student density, as those terms are defined in that division.	24579

(5) The rough road subsidy paid to each district meeting the	24580
qualifications of division (D)(4) of this section shall be	24581
calculated in accordance with the following formula:	24582

(per rough mile subsidy X total rough road miles) X

24583

density multiplier

24584

where:

24585

(a) "Per rough mile subsidy" equals the amount calculated in	24586
accordance with the following formula:	24587

0.75 - {0.75 X [(maximum rough road percentage -

24588

county rough road percentage)/(maximum rough road percentage -

24590

statewide rough road percentage)]}

24591

(i) "Maximum rough road percentage" means the highest county	24592
rough road percentage in the state.	24593

(ii) "County rough road percentage" equals the percentage of	24594
the mileage of state, municipal, county, and township roads that	24595
is rated by the department of transportation as type A, B, C, E2,	24596
or F in the county in which the school district is located or, if	24597
the district is located in more than one county, the county to	24598
which it is assigned for purposes of determining its	24599
cost-of-doing-business factor.	24600

(iii) "Statewide rough road percentage" means the percentage	24601
of the statewide total mileage of state, municipal, county, and	24602
township roads that is rated as type A, B, C, E2, or F by the	24603
department of transportation.	24604

(b) "Total rough road miles" means a school district's total	24605
bus miles traveled in one year times its county rough road	24606
percentage.	24607

(c) "Density multiplier" means a figure calculated in	24608
accordance with the following formula:	24609

1 - [(minimum student density - district student

24610

density)/(minimum student density -

24611

statewide student density)]

24612

(i) "Minimum student density" means the lowest district	24613
student density in the state.	24614

(ii) "District student density" means a school district's	24615
transportation base divided by the number of square miles in the	24616
district.	24617

(iii) "Statewide student density" means the sum of the	24618
transportation bases for all school districts divided by the sum	24619
of the square miles in all school districts.	24620

(6) In addition to funds paid under divisions (D)(2) to (5)	24621
of this section, each district shall receive in accordance with	24622
rules adopted by the state board of education a payment for	24623
students transported by means other than board-owned or	24624
contractor-operated buses and whose transportation is not funded	24625
under division (J) of section 3317.024 of the Revised Code. The	24626
rules shall include provisions for school district reporting of	24627
such students.	24628

(E)(1) The department shall compute and distribute state	24629
vocational education additional weighted costs funds to each	24630
school district in accordance with the following formula:	24631

state share percentage X

24632

the formula amount X

24633

total vocational education weight

24634

In any fiscal year, a school district receiving funds under	24635
division (E)(1) of this section shall spend those funds only for	24636
the purposes that the department designates as approved for	24637
vocational education expenses. Vocational educational expenses	24638
approved by the department shall include only expenses connected	24639
to the delivery of career-technical programming to	24640
career-technical students. The department shall require the school	24641
district to report data annually so that the department may	24642
monitor the district's compliance with the requirements regarding	24643
the manner in which funding received under division (E)(1) of this	24644
section may be spent.	24645

(2) The department shall compute for each school district	24646
state funds for vocational education associated services in	24647
accordance with the following formula:	24648

state share percentage X .05 X

24649

the formula amount X the sum of categories one and two

24650

vocational education ADM

24651

In any fiscal year, a school district receiving funds under	24652
division (E)(2) of this section, or through a transfer of funds	24653
pursuant to division (L) of section 3317.023 of the Revised Code,	24654
shall spend those funds only for the purposes that the department	24655
designates as approved for vocational education associated	24656
services expenses, which may include such purposes as	24657
apprenticeship coordinators, coordinators for other vocational	24658
education services, vocational evaluation, and other purposes	24659
designated by the department. The department may deny payment	24660
under division (E)(2) of this section to any district that the	24661
department determines is not operating those services or is using	24662
funds paid under division (E)(2) of this section, or through a	24663
transfer of funds pursuant to division (L) of section 3317.023 of	24664
the Revised Code, for other purposes.	24665

(F) Beginning in fiscal year 2003, the actual local share in	24666
any fiscal year for the combination of special education and	24667
related services additional weighted costs funding calculated	24668
under division (C)(1) of this section, transportation funding	24669
calculated under divisions (D)(2) and (3) of this section, and	24670
vocational education and associated services additional weighted	24671
costs funding calculated under divisions (E)(1) and (2) of this	24672
section shall not exceed for any school district the product of	24673
three mills times the district's recognized valuation. Beginning	24674
in fiscal year 2003, the department annually shall pay each school	24675
district as an excess cost supplement any amount by which the sum	24676
of the district's attributed local shares for that funding exceeds	24677
that product. For purposes of calculating the excess cost	24678
supplement:	24679

(1) The attributed local share for special education and	24680
related services additional weighted costs funding is the amount	24681
specified in division (C)(2) of this section.	24682

(2) The attributed local share of transportation funding	24683
equals the difference of the total amount calculated for the	24684
district using the formula developed under division (D)(2) of this	24685
section minus the actual amount paid to the district after	24686
applying the percentage specified in division (D)(3) of this	24687
section.	24688

(3) The attributed local share of vocational education and	24689
associated services additional weighted costs funding is the	24690
amount determined as follows:	24691

(1 - state share percentage) X

24692

[(total vocational education weight X the formula amount) +

24693

the payment under division (E)(2) of this section]

24694

Sec. 3317.023.  (A) Notwithstanding section 3317.022 of the	24695
Revised Code, the amounts required to be paid to a district under	24696
this chapter shall be adjusted by the amount of the computations	24697
made under divisions (B) to (L)(M) of this section.	24698

As used in this section:

24699

(1) "Classroom teacher" means a licensed employee who	24700
provides direct instruction to pupils, excluding teachers funded	24701
from money paid to the district from federal sources; educational	24702
service personnel; and vocational and special education teachers.	24703

(2) "Educational service personnel" shall not include such	24704
specialists funded from money paid to the district from federal	24705
sources or assigned full-time to vocational or special education	24706
students and classes and may only include those persons employed	24707
in the eight specialist areas in a pattern approved by the	24708
department of education under guidelines established by the state	24709
board of education.	24710

(3) "Annual salary" means the annual base salary stated in	24711
the state minimum salary schedule for the performance of the	24712
teacher's regular teaching duties that the teacher earns for	24713
services rendered for the first full week of October of the fiscal	24714
year for which the adjustment is made under division (C) of this	24715
section. It shall not include any salary payments for supplemental	24716
teachers contracts.	24717

(4) "Regular student population" means the formula ADM plus	24718
the number of students reported as enrolled in the district	24719
pursuant to division (A)(1) of section 3313.981 of the Revised	24720
Code; minus the number of students reported under division (A)(2)	24721
of section 3317.03 of the Revised Code; minus the FTE of students	24722
reported under division (B)(5), (6), (7), (8), (9), (10), (11), or	24723
(12) of that section who are enrolled in a vocational education	24724
class or receiving special education; and minus one-fourthten per	24725
cent of the students enrolled concurrently in a joint vocational	24726
school district.	24727

(5) "State share percentage" has the same meaning as in	24728
section 3317.022 of the Revised Code.	24729

(6) "VEPD" means a school district or group of school	24730
districts designated by the department of education as being	24731
responsible for the planning for and provision of vocational	24732
education services to students within the district or group.	24733

(7) "Lead district" means a school district, including a	24734
joint vocational school district, designated by the department as	24735
a VEPD, or designated to provide primary vocational education	24736
leadership within a VEPD composed of a group of districts.	24737

(B) If the district employs less than one full-time	24738
equivalent classroom teacher for each twenty-five pupils in the	24739
regular student population in any school district, deduct the sum	24740
of the amounts obtained from the following computations:	24741

(1) Divide the number of the district's full-time equivalent	24742
classroom teachers employed by one twenty-fifth;	24743

(2) Subtract the quotient in (1) from the district's regular	24744
student population;	24745

(3) Multiply the difference in (2) by seven hundred fifty-two	24746
dollars.	24747

(C) If a positive amount, add one-half of the amount obtained	24748
by multiplying the number of full-time equivalent classroom	24749
teachers by:	24750

(1) The mean annual salary of all full-time equivalent	24751
classroom teachers employed by the district at their respective	24752
training and experience levels minus;	24753

(2) The mean annual salary of all such teachers at their	24754
respective levels in all school districts receiving payments under	24755
this section.	24756

The number of full-time equivalent classroom teachers used in	24757
this computation shall not exceed one twenty-fifth of the	24758
district's regular student population. In calculating the	24759
district's mean salary under this division, those full-time	24760
equivalent classroom teachers with the highest training level	24761
shall be counted first, those with the next highest training level	24762
second, and so on, in descending order. Within the respective	24763
training levels, teachers with the highest years of service shall	24764
be counted first, the next highest years of service second, and so	24765
on, in descending order.	24766

(D) This division does not apply to a school district that	24767
has entered into an agreement under division (A) of section	24768
3313.42 of the Revised Code. Deduct the amount obtained from the	24769
following computations if the district employs fewer than five	24770
full-time equivalent educational service personnel, including	24771
elementary school art, music, and physical education teachers,	24772
counselors, librarians, visiting teachers, school social workers,	24773
and school nurses for each one thousand pupils in the regular	24774
student population:	24775

(1) Divide the number of full-time equivalent educational	24776
service personnel employed by the district by five	24777
one-thousandths;	24778

(2) Subtract the quotient in (1) from the district's regular	24779
student population;	24780

(3) Multiply the difference in (2) by ninety-four dollars.

24781

(E) If a local school district, or a city or exempted village	24782
school district to which a governing board of an educational	24783
service center provides services pursuant to section 3313.843 of	24784
the Revised Code, deduct the amount of the payment required for	24785
the reimbursement of the governing board under section 3317.11 of	24786
the Revised Code.	24787

(F)(1) If the district is required to pay to or entitled to	24788
receive tuition from another school district under division (C)(2)	24789
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	24790
or if the superintendent of public instruction is required to	24791
determine the correct amount of tuition and make a deduction or	24792
credit under section 3317.08 of the Revised Code, deduct and	24793
credit such amounts as provided in division (I) of section 3313.64	24794
or section 3317.08 of the Revised Code.	24795

(2) For each child for whom the district is responsible for	24796
tuition or payment under division (A)(1) of section 3317.082 or	24797
section 3323.091 of the Revised Code, deduct the amount of tuition	24798
or payment for which the district is responsible.	24799

(G) If the district has been certified by the superintendent	24800
of public instruction under section 3313.90 of the Revised Code as	24801
not in compliance with the requirements of that section, deduct an	24802
amount equal to ten per cent of the amount computed for the	24803
district under section 3317.022 of the Revised Code.	24804

(H) If the district has received a loan from a commercial	24805
lending institution for which payments are made by the	24806
superintendent of public instruction pursuant to division (E)(3)	24807
of section 3313.483 of the Revised Code, deduct an amount equal to	24808
such payments.	24809

(I)(1) If the district is a party to an agreement entered	24810
into under division (D), (E), or (F) of section 3311.06 or	24811
division (B) of section 3311.24 of the Revised Code and is	24812
obligated to make payments to another district under such an	24813
agreement, deduct an amount equal to such payments if the district	24814
school board notifies the department in writing that it wishes to	24815
have such payments deducted.	24816

(2) If the district is entitled to receive payments from	24817
another district that has notified the department to deduct such	24818
payments under division (I)(1) of this section, add the amount of	24819
such payments.	24820

(J) If the district is required to pay an amount of funds to	24821
a cooperative education district pursuant to a provision described	24822
by division (B)(4) of section 3311.52 or division (B)(8) of	24823
section 3311.521 of the Revised Code, deduct such amounts as	24824
provided under that provision and credit those amounts to the	24825
cooperative education district for payment to the district under	24826
division (B)(1) of section 3317.19 of the Revised Code.	24827

(K)(1) If a district is educating a student entitled to	24828
attend school in another district pursuant to a shared education	24829
contract, compact, or cooperative education agreement other than	24830
an agreement entered into pursuant to section 3313.842 of the	24831
Revised Code, credit to that educating district on an FTE basis	24832
both of the following:	24833

(a) An amount equal to the formula amount times the cost of	24834
doing business factor of the school district where the student is	24835
entitled to attend school pursuant to section 3313.64 or 3313.65	24836
of the Revised Code;	24837

(b) An amount equal to the formula amount times the state	24838
share percentage times any multiple applicable to the student	24839
pursuant to section 3317.013 or 3317.014 of the Revised Code.	24840

(2) Deduct any amount credited pursuant to division (K)(1) of	24841
this section from amounts paid to the school district in which the	24842
student is entitled to attend school pursuant to section 3313.64	24843
or 3313.65 of the Revised Code.	24844

(3) If the district is required by a shared education	24845
contract, compact, or cooperative education agreement to make	24846
payments to an educational service center, deduct the amounts from	24847
payments to the district and add them to the amounts paid to the	24848
service center pursuant to section 3317.11 of the Revised Code.	24849

(L)(1) If a district, including a joint vocational school	24850
district, is a lead district of a VEPD, credit to that district	24851
the amounts calculated for all the school districts within that	24852
VEPD pursuant to division (E)(2) of section 3317.022 of the	24853
Revised Code.	24854

(2) Deduct from each appropriate district that is not a lead	24855
district, the amount attributable to that district that is	24856
credited to a lead district under division (L)(1) of this section.	24857

(M) If the department pays a joint vocational school district	24858
under division (G)(4) of section 3317.16 of the Revised Code for	24859
excess costs of providing special education and related services	24860
to a handicapped student, as calculated under division (G)(2) of	24861
that section, the department shall deduct the amount of that	24862
payment from the city, local, or exempted village school district	24863
that is responsible as specified in that section for the excess	24864
costs.	24865

Sec. 3317.024.  In addition to the moneys paid to eligible	24866
school districts pursuant to section 3317.022 of the Revised Code,	24867
moneys appropriated for the education programs in divisions (A) to	24868
(H), (J) to (L), (O), (P), and (R) of this section shall be	24869
distributed to school districts meeting the requirements of	24870
section 3317.01 of the Revised Code; in the case of divisions (J)	24871
and (P) of this section, to educational service centers as	24872
provided in section 3317.11 of the Revised Code; in the case of	24873
divisions (E), (M), and (N) of this section, to county MR/DD	24874
boards; in the case of division (R) of this section, to joint	24875
vocational school districts; in the case of division (K) of this	24876
section, to cooperative education school districts; and in the	24877
case of division (Q) of this section, to the institutions defined	24878
under section 3317.082 of the Revised Code providing elementary or	24879
secondary education programs to children other than children	24880
receiving special education under section 3323.091 of the Revised	24881
Code. The following shall be distributed monthly, quarterly, or	24882
annually as may be determined by the state board of education:	24883

(A) A per pupil amount to each school district that	24884
establishes a summer school remediation program that complies with	24885
rules of the state board of education.	24886

(B) An amount for each island school district and each joint	24887
state school district for the operation of each high school and	24888
each elementary school maintained within such district and for	24889
capital improvements for such schools. Such amounts shall be	24890
determined on the basis of standards adopted by the state board of	24891
education.	24892

(C) An amount for each school district operating classes for	24893
children of migrant workers who are unable to be in attendance in	24894
an Ohio school during the entire regular school year. The amounts	24895
shall be determined on the basis of standards adopted by the state	24896
board of education, except that payment shall be made only for	24897
subjects regularly offered by the school district providing the	24898
classes.	24899

(D) An amount for each school district with guidance,	24900
testing, and counseling programs approved by the state board of	24901
education. The amount shall be determined on the basis of	24902
standards adopted by the state board of education.	24903

(E) An amount for the emergency purchase of school buses as	24904
provided for in section 3317.07 of the Revised Code;	24905

(F) An amount for each school district required to pay	24906
tuition for a child in an institution maintained by the department	24907
of youth services pursuant to section 3317.082 of the Revised	24908
Code, provided the child was not included in the calculation of	24909
the district's average daily membership for the preceding school	24910
year.	24911

(G) In fiscal year 2000 only, an amount to each school	24912
district for supplemental salary allowances for each licensed	24913
employee except those licensees serving as superintendents,	24914
assistant superintendents, principals, or assistant principals,	24915
whose term of service in any year is extended beyond the term of	24916
service of regular classroom teachers, as described in section	24917
3301.0725 of the Revised Code;	24918

(H) An amount for adult basic literacy education for each	24919
district participating in programs approved by the state board of	24920
education. The amount shall be determined on the basis of	24921
standards adopted by the state board of education.	24922

(I) Notwithstanding section 3317.01 of the Revised Code, but	24923
only until June 30, 1999, to each city, local, and exempted	24924
village school district, an amount for conducting driver education	24925
courses at high schools for which the state board of education	24926
prescribes minimum standards and to joint vocational and	24927
cooperative education school districts and educational service	24928
centers, an amount for conducting driver education courses to	24929
pupils enrolled in a high school for which the state board	24930
prescribes minimum standards. No payments shall be made under this	24931
division after June 30, 1999.	24932

(J) An amount for the approved cost of transporting	24933
developmentally handicapped pupils whom it is impossible or	24934
impractical to transport by regular school bus in the course of	24935
regular route transportation provided by the district or service	24936
center. No district or service center is eligible to receive a	24937
payment under this division for the cost of transporting any pupil	24938
whom it transports by regular school bus and who is included in	24939
the district's transportation ADM. The state board of education	24940
shall establish standards and guidelines for use by the department	24941
of education in determining the approved cost of such	24942
transportation for each district or service center.	24943

(K) An amount to each school district, including each	24944
cooperative education school district, pursuant to section 3313.81	24945
of the Revised Code to assist in providing free lunches to needy	24946
children and an amount to assist needy school districts in	24947
purchasing necessary equipment for food preparation. The amounts	24948
shall be determined on the basis of rules adopted by the state	24949
board of education.	24950

(L) An amount to each school district, for each pupil	24951
attending a chartered nonpublic elementary or high school within	24952
the district. The amount shall equal the amount appropriated for	24953
the implementation of section 3317.06 of the Revised Code divided	24954
by the average daily membership in grades kindergarten through	24955
twelve in nonpublic elementary and high schools within the state	24956
as determined during the first full week in October of each school	24957
year.	24958

(M) An amount for each county MR/DD board, distributed on the	24959
basis of standards adopted by the state board of education, for	24960
the approved cost of transportation required for children	24961
attending special education programs operated by the county MR/DD	24962
board under section 3323.09 of the Revised Code;	24963

(N) An amount for each county MR/DD board, distributed on the	24964
basis of standards adopted by the state board of education, for	24965
supportive home services for preschool children;	24966

(O) An amount for each school district that establishes a	24967
mentor teacher program that complies with rules of the state board	24968
of education. No school district shall be required to establish or	24969
maintain such a program in any year unless sufficient funds are	24970
appropriated to cover the district's total costs for the program.	24971

(P) An amount to each school district or educational service	24972
center for the total number of gifted units approved pursuant to	24973
section 3317.05 of the Revised Code. The amount for each such unit	24974
shall be the sum of the minimum salary for the teacher of the	24975
unit, calculated on the basis of the teacher's training level and	24976
years of experience pursuant to the salary schedule prescribed in	24977
the version of section 3317.13 of the Revised Code in effect prior	24978
to the effective date of this amendmentJuly 1, 2001, plus fifteen	24979
per cent of that minimum salary amount, plus two thousand six	24980
hundred seventy-eight dollars.	24981

(Q) An amount to each institution defined under section	24982
3317.082 of the Revised Code providing elementary or secondary	24983
education to children other than children receiving special	24984
education under section 3323.091 of the Revised Code. This amount	24985
for any institution in any fiscal year shall equal the total of	24986
all tuition amounts required to be paid to the institution under	24987
division (A)(1) of section 3317.082 of the Revised Code.	24988

(R) A grant to each school district and joint vocational	24989
school district that operates a "graduation, reality, and	24990
dual-role skills" (GRADS) program for pregnant and parenting	24991
students that is approved by the department. The amount of the	24992
payment shall be the district's state share percentage, as defined	24993
in section 3317.022 or 3317.16 of the Revised Code, times the	24994
GRADS personnel allowance times the full-time-equivalent number of	24995
GRADS teachers approved by the department. The GRADS personnel	24996
allowance is $46,260$47,555 in fiscal years 20022004 and 2003	24997
2005.	24998

The state board of education or any other board of education	24999
or governing board may provide for any resident of a district or	25000
educational service center territory any educational service for	25001
which funds are made available to the board by the United States	25002
under the authority of public law, whether such funds come	25003
directly or indirectly from the United States or any agency or	25004
department thereof or through the state or any agency, department,	25005
or political subdivision thereof.	25006

Sec. 3317.029.  (A) As used in this section:

25007

(1) "DPIA percentage" means:

25008

(a) In fiscal years prior to fiscal year 2004, the quotient	25009
obtained by dividing the five-year average number of children ages	25010
five to seventeen residing in the school district and living in a	25011
family receiving assistance under the Ohio works first program or	25012
an antecedent program known as TANF or ADC, as certified or	25013
adjusted under section 3317.10 of the Revised Code, by the	25014
district's three-year average formula ADM.	25015

(b) Beginning in fiscal year 2004, the unduplicated number of	25016
children ages five to seventeen residing in the school district	25017
and living in a family that has family income not exceeding the	25018
federal poverty guidelines and that receives family assistance, as	25019
certified or adjusted under section 3317.10 of the Revised Code,	25020
divided by the district's three-year average formula ADM.	25021

(2) "Family assistance" means assistance received under one	25022
of the following:	25023

(a) The Ohio works first program;

25024

(b) The food stamp program;

25025

(c) The medical assistance program, including the healthy	25026
start program, established under Chapter 5111. of the Revised	25027
Code;	25028

(d) The children's health insurance program part I	25029
established under section 5101.50 of the Revised Code or, prior to	25030
fiscal year 2000, an executive order issued under section 107.17	25031
of the Revised Code;	25032

(e) The disability financial assistance program established	25033
under Chapter 5115. of the Revised Code;	25034

(f) The disability medical assistance program established	25035
under Chapter 5115. of the Revised Code.	25036

(3) "Statewide DPIA percentage" means:

25037

(a) In fiscal years prior to fiscal year 2004, the five-year	25038
average of the total number of children ages five to seventeen	25039
years residing in the state and receiving assistance under the	25040
Ohio works first program or an antecedent program known as TANF or	25041
ADC, divided by the sum of the three-year average formula ADMs for	25042
all school districts in the state.	25043

(b) Beginning in fiscal year 2004, the total unduplicated	25044
number of children ages five to seventeen residing in the state	25045
and living in a family that has family income not exceeding the	25046
federal poverty guidelines and that receives family assistance,	25047
divided by the sum of the three-year average formula ADMs for all	25048
school districts in the state.	25049

(4) "DPIA index" means the quotient obtained by dividing the	25050
school district's DPIA percentage by the statewide DPIA	25051
percentage.	25052

(5) "Federal poverty guidelines" has the same meaning as in	25053
section 5101.46 of the Revised Code.	25054

(6) "DPIA student count" means:

25055

(a) In fiscal years prior to fiscal year 2004, the five-year	25056
average number of children ages five to seventeen residing in the	25057
school district and living in a family receiving assistance under	25058
the Ohio works first program or an antecedent program known as	25059
TANF or ADC, as certified under section 3317.10 of the Revised	25060
Code;	25061

(b) Beginning in fiscal year 2004, the unduplicated number of	25062
children ages five to seventeen residing in the school district	25063
and living in a family that has family income not exceeding the	25064
federal poverty guidelines and that receives family assistance, as	25065
certified or adjusted under section 3317.10 of the Revised Code.	25066

(7) "Kindergarten ADM" means the number of students reported	25067
under section 3317.03 of the Revised Code as enrolled in	25068
kindergarten.	25069

(8) "Kindergarten through third grade ADM" means the amount	25070
calculated as follows:	25071

(a) Multiply the kindergarten ADM by the sum of one plus the	25072
all-day kindergarten percentage;	25073

(b) Add the number of students in grades one through three;

25074

(c) Subtract from the sum calculated under division (A)(6)(b)	25075
of this section the number of special education students in grades	25076
kindergarten through three.	25077

(9) "Statewide average teacher salary" means forty-two	25078
thousand four hundred sixty-nine dollars in fiscal year 2002, and	25079
forty-three thousand six hundred fifty-eight dollars in fiscal	25080
year 2003, which includes an amount for the value of fringe	25081
benefits.	25082

(10) "All-day kindergarten" means a kindergarten class that	25083
is in session five days per week for not less than the same number	25084
of clock hours each day as for pupils in grades one through six.	25085

(11) "All-day kindergarten percentage" means the percentage	25086
of a district's actual total number of students enrolled in	25087
kindergarten who are enrolled in all-day kindergarten.	25088

(12) "Buildings with the highest concentration of need"	25089
means:	25090

(a) In fiscal years prior to fiscal year 2004, the school	25091
buildings in a district with percentages of students in grades	25092
kindergarten through three receiving assistance under Ohio works	25093
first at least as high as the district-wide percentage of students	25094
receiving such assistance.	25095

(b) Beginning in fiscal year 2004, the school buildings in a	25096
district with percentages of students in grades kindergarten	25097
through three receiving family assistance at least as high as the	25098
district-wide percentage of students receiving family assistance.	25099

(c) If, in any fiscal year, the information provided by the	25100
department of job and family services under section 3317.10 of the	25101
Revised Code is insufficient to determine the Ohio works first or	25102
family assistance percentage in each building, "buildings with the	25103
highest concentration of need" has the meaning given in rules that	25104
the department of education shall adopt. The rules shall base the	25105
definition of "buildings with the highest concentration of need"	25106
on family income of students in grades kindergarten through three	25107
in a manner that, to the extent possible with available data,	25108
approximates the intent of this division and division (G) of this	25109
section to designate buildings where the Ohio works first or	25110
family assistance percentage in those grades equals or exceeds the	25111
district-wide Ohio works first or family assistance percentage.	25112

(B) In addition to the amounts required to be paid to a	25113
school district under section 3317.022 of the Revised Code, a	25114
school district shall receive the greater of the amount the	25115
district received in fiscal year 1998 pursuant to division (B) of	25116
section 3317.023 of the Revised Code as it existed at that time or	25117
the sum of the computations made under divisions (C) to (E) of	25118
this section.	25119

(C) A supplemental payment that may be utilized for measures	25120
related to safety and security and for remediation or similar	25121
programs, calculated as follows:	25122

(1) If the DPIA index of the school district is greater than	25123
or equal to thirty-five-hundredths, but less than one, an amount	25124
obtained by multiplying the district's DPIA student count by two	25125
hundred thirty dollars;	25126

(2) If the DPIA index of the school district is greater than	25127
or equal to one, an amount obtained by multiplying the DPIA index	25128
by two hundred thirty dollars and multiplying that product by the	25129
district's DPIA student count.	25130

Except as otherwise provided in division (F) of this section,	25131
beginning with the school year that starts July 1, 2002, each	25132
school district annually shall use at least twenty per cent of the	25133
funds calculated for the district under this division for	25134
intervention services required by section 3313.608 of the Revised	25135
Code.	25136

(D) A payment for all-day kindergarten if the DPIA index of	25137
the school district is greater than or equal to one or if the	25138
district's three-year average formula ADM exceeded seventeen	25139
thousand five hundred, calculated by multiplying the all-day	25140
kindergarten percentage by the kindergarten ADM and multiplying	25141
that product by the formula amount.	25142

(E) A class-size reduction payment based on calculating the	25143
number of new teachers necessary to achieve a lower	25144
student-teacher ratio, as follows:	25145

(1) Determine or calculate a formula number of teachers per	25146
one thousand students based on the DPIA index of the school	25147
district as follows:	25148

(a) If the DPIA index of the school district is less than	25149
six-tenths, the formula number of teachers is 43.478, which is the	25150
number of teachers per one thousand students at a student-teacher	25151
ratio of twenty-three to one;	25152

(b) If the DPIA index of the school district is greater than	25153
or equal to six-tenths, but less than two and one-half, the	25154
formula number of teachers is calculated as follows:	25155

43.478 + {[(DPIA index-0.6)/ 1.9] X 23.188}

25156

Where 43.478 is the number of teachers per one thousand	25157
students at a student-teacher ratio of twenty-three to one; 1.9 is	25158
the interval from a DPIA index of six-tenths to a DPIA index of	25159
two and one-half; and 23.188 is the difference in the number of	25160
teachers per one thousand students at a student-teacher ratio of	25161
fifteen to one and the number of teachers per one thousand	25162
students at a student-teacher ratio of twenty-three to one.	25163

(c) If the DPIA index of the school district is greater than	25164
or equal to two and one-half, the formula number of teachers is	25165
66.667, which is the number of teachers per one thousand students	25166
at a student-teacher ratio of fifteen to one.	25167

(2) Multiply the formula number of teachers determined or	25168
calculated in division (E)(1) of this section by the kindergarten	25169
through third grade ADM for the district and divide that product	25170
by one thousand;	25171

(3) Calculate the number of new teachers as follows:

25172

(a) Multiply the kindergarten through third grade ADM by	25173
43.478, which is the number of teachers per one thousand students	25174
at a student-teacher ratio of twenty-three to one, and divide that	25175
product by one thousand;	25176

(b) Subtract the quotient obtained in division (E)(3)(a) of	25177
this section from the product in division (E)(2) of this section.	25178

(4) Multiply the greater of the difference obtained under	25179
division (E)(3) of this section or zero by the statewide average	25180
teachers salary.	25181

(F) This division applies only to school districts whose DPIA	25182
index is one or greater.	25183

(1) Each school district subject to this division shall first	25184
utilize funds received under this section so that, when combined	25185
with other funds of the district, sufficient funds exist to	25186
provide all-day kindergarten to at least the number of children in	25187
the district's all-day kindergarten percentage.	25188

(2) Up to an amount equal to the district's DPIA index	25189
multiplied by its DPIA student count multiplied by two hundred	25190
thirty dollars of the money distributed under this section may be	25191
utilized for one or both of the following:	25192

(a) Programs designed to ensure that schools are free of	25193
drugs and violence and have a disciplined environment conducive to	25194
learning;	25195

(b) Remediation for students who have failed or are in danger	25196
of failing any of the tests administered pursuant to section	25197
3301.0710 of the Revised Code.	25198

Beginning with the school year that starts on July 1, 2002,	25199
each school district shall use at least twenty per cent of the	25200
funds set aside for the purposes of divisions (F)(2)(a) and (b) of	25201
this section to provide intervention services required by section	25202
3313.608 of the Revised Code.	25203

(3) Except as otherwise required by division (G) or permitted	25204
under division (K) of this section, all other funds distributed	25205
under this section to districts subject to this division shall be	25206
utilized for the purpose of the third grade guarantee. The third	25207
grade guarantee consists of increasing the amount of instructional	25208
attention received per pupil in kindergarten through third grade,	25209
either by reducing the ratio of students to instructional	25210
personnel or by increasing the amount of instruction and	25211
curriculum-related activities by extending the length of the	25212
school day or the school year.	25213

School districts may implement a reduction of the ratio of	25214
students to instructional personnel through any or all of the	25215
following methods:	25216

(a) Reducing the number of students in a classroom taught by	25217
a single teacher;	25218

(b) Employing full-time educational aides or educational	25219
paraprofessionals issued a permit or license under section	25220
3319.088 of the Revised Code;	25221

(c) Instituting a team-teaching method that will result in a	25222
lower student-teacher ratio in a classroom.	25223

Districts may extend the school day either by increasing the	25224
amount of time allocated for each class, increasing the number of	25225
classes provided per day, offering optional academic-related	25226
after-school programs, providing curriculum-related extra	25227
curricular activities, or establishing tutoring or remedial	25228
services for students who have demonstrated an educational need.	25229
In accordance with section 3319.089 of the Revised Code, a	25230
district extending the school day pursuant to this division may	25231
utilize a participant of the work experience program who has a	25232
child enrolled in a public school in that district and who is	25233
fulfilling the work requirements of that program by volunteering	25234
or working in that public school. If the work experience program	25235
participant is compensated, the school district may use the funds	25236
distributed under this section for all or part of the	25237
compensation.	25238

Districts may extend the school year either through adding	25239
regular days of instruction to the school calendar or by providing	25240
summer programs.	25241

(G) Each district subject to division (F) of this section	25242
shall not expend any funds received under division (E) of this	25243
section in any school buildings that are not buildings with the	25244
highest concentration of need, unless there is a ratio of	25245
instructional personnel to students of no more than fifteen to one	25246
in each kindergarten and first grade class in all buildings with	25247
the highest concentration of need. This division does not require	25248
that the funds used in buildings with the highest concentration of	25249
need be spent solely to reduce the ratio of instructional	25250
personnel to students in kindergarten and first grade. A school	25251
district may spend the funds in those buildings in any manner	25252
permitted by division (F)(3) of this section, but may not spend	25253
the money in other buildings unless the fifteen-to-one ratio	25254
required by this division is attained.	25255

(H)(1) By the first day of August of each fiscal year, each	25256
school district wishing to receive any funds under division (D) of	25257
this section shall submit to the department of education an	25258
estimate of its all-day kindergarten percentage. Each district	25259
shall update its estimate throughout the fiscal year in the form	25260
and manner required by the department, and the department shall	25261
adjust payments under this section to reflect the updates.	25262

(2) Annually by the end of December, the department of	25263
education, utilizing data from the information system established	25264
under section 3301.0714 of the Revised Code and after consultation	25265
with the legislative office of education oversight, shall	25266
determine for each school district subject to division (F) of this	25267
section whether in the preceding fiscal year the district's ratio	25268
of instructional personnel to students and its number of	25269
kindergarten students receiving all-day kindergarten appear	25270
reasonable, given the amounts of money the district received for	25271
that fiscal year pursuant to divisions (D) and (E) of this	25272
section. If the department is unable to verify from the data	25273
available that students are receiving reasonable amounts of	25274
instructional attention and all-day kindergarten, given the funds	25275
the district has received under this section and that class-size	25276
reduction funds are being used in school buildings with the	25277
highest concentration of need as required by division (G) of this	25278
section, the department shall conduct a more intensive	25279
investigation to ensure that funds have been expended as required	25280
by this section. The department shall file an annual report of its	25281
findings under this division with the chairpersons of the	25282
committees in each house of the general assembly dealing with	25283
finance and education.	25284

(I) Any school district with a DPIA index less than one and a	25285
three-year average formula ADM exceeding seventeen thousand five	25286
hundred shall first utilize funds received under this section so	25287
that, when combined with other funds of the district, sufficient	25288
funds exist to provide all-day kindergarten to at least the number	25289
of children in the district's all-day kindergarten percentage.	25290
Such a district shall expend at least seventy per cent of the	25291
remaining funds received under this section, and any other	25292
district with a DPIA index less than one shall expend at least	25293
seventy per cent of all funds received under this section, for any	25294
of the following purposes:	25295

(1) The purchase of technology for instructional purposes;

25296

(2) All-day kindergarten;

25297

(3) Reduction of class sizes;

25298

(4) Summer school remediation;

25299

(5) Dropout prevention programs;

25300

(6) Guaranteeing that all third graders are ready to progress	25301
to more advanced work;	25302

(7) Summer education and work programs;

25303

(8) Adolescent pregnancy programs;

25304

(9) Head start or preschool programs;

25305

(10) Reading improvement programs described by the department	25306
of education;	25307

(11) Programs designed to ensure that schools are free of	25308
drugs and violence and have a disciplined environment conducive to	25309
learning;	25310

(12) Furnishing, free of charge, materials used in courses of	25311
instruction, except for the necessary textbooks or electronic	25312
textbooks required to be furnished without charge pursuant to	25313
section 3329.06 of the Revised Code, to pupils living in families	25314
participating in Ohio works first in accordance with section	25315
3313.642 of the Revised Code;	25316

(13) School breakfasts provided pursuant to section 3313.813	25317
of the Revised Code.	25318

Each district shall submit to the department, in such format	25319
and at such time as the department shall specify, a report on the	25320
programs for which it expended funds under this division.	25321

(J) If at any time the superintendent of public instruction	25322
determines that a school district receiving funds under division	25323
(D) of this section has enrolled less than the all-day	25324
kindergarten percentage reported for that fiscal year, the	25325
superintendent shall withhold from the funds otherwise due the	25326
district under this section a proportional amount as determined by	25327
the difference in the certified all-day kindergarten percentage	25328
and the percentage actually enrolled in all-day kindergarten.	25329

The superintendent shall also withhold an appropriate amount	25330
of funds otherwise due a district for any other misuse of funds	25331
not in accordance with this section.	25332

(K)(1) A district may use a portion of the funds calculated	25333
for it under division (D) of this section to modify or purchase	25334
classroom space to provide all-day kindergarten, if both of the	25335
following conditions are met:	25336

(a) The district certifies to the department, in a manner	25337
acceptable to the department, that it has a shortage of space for	25338
providing all-day kindergarten.	25339

(b) The district provides all-day kindergarten to the number	25340
of children in the all-day kindergarten percentage it certified	25341
under this section.	25342

(2) A district may use a portion of the funds described in	25343
division (F)(3) of this section to modify or purchase classroom	25344
space to enable it to further reduce class size in grades	25345
kindergarten through two with a goal of attaining class sizes of	25346
fifteen students per licensed teacher. To do so, the district must	25347
certify its need for additional space to the department, in a	25348
manner satisfactory to the department.	25349

Sec. 3317.0217.  The department of education shall annually	25350
compute and pay state parity aid to school districts, as follows:	25351

(A) Calculate the local wealth per pupil of each school	25352
district, which equals the following sum:	25353

(1) Two-thirds times the quotient of (a) the district's	25354
recognized valuation divided by (b) its formula ADM; plus	25355

(2) One-third times the quotient of (a) the average of the	25356
total federal adjusted gross income of the school district's	25357
residents for the three years most recently reported under section	25358
3317.021 of the Revised Code divided by (b) its formula ADM.	25359

(B) Rank all school districts in order of local wealth per	25360
pupil, from the district with the lowest local wealth per pupil to	25361
the district with the highest local wealth per pupil.	25362

(C) Compute the per pupil state parity aid funding for each	25363
school district in accordance with the following formula:	25364

Payment percentage X (threshold local wealth

25365

per pupil - the district's local

25366

wealth per pupil) X 0.0095

25367

Where:

25368

(1) "Payment percentage," for purposes of division (C) of	25369
this section, equals 20% in fiscal year 2002, 40% in fiscal year	25370
2003, 60% in fiscal year 2004, 80% in fiscal year 2005, and 100%	25371
after fiscal year 2005.	25372

(2) Nine and one-half mills (0.0095) is the general	25373
assembly's determination of the average number of effective	25374
operating mills that districts in the seventieth to ninetieth	25375
percentiles of valuations per pupil collected in fiscal year 2001	25376
above the revenues required to finance their attributed local	25377
shares of the calculated cost of an adequate education. This was	25378
determined by (a) adding the district revenues from operating	25379
property tax levies and income tax levies, (b) subtracting from	25380
that total the sum of (i) twenty-three mills times adjusted	25381
recognized valuation plus (ii) the attributed local shares of	25382
special education, transportation, and vocational education	25383
funding as described in divisions (F)(1) to (3) of section	25384
3317.022 of the Revised Code, and (c) converting the result to an	25385
effective operating property tax rate.	25386

(3) The "threshold local wealth per pupil" is the local	25387
wealth per pupil of the school district with the	25388
four-hundred-ninetieth lowest local wealth per pupil.	25389

If the result of the calculation for a school district under	25390
division (C) of this section is less than zero, the district's per	25391
pupil parity aid shall be zero.	25392

(D) Compute the per pupil alternative parity aid for each	25393
school district that has a combination of an income factor of 1.0	25394
or less, a DPIA index of 1.0 or greater, and a	25395
cost-of-doing-business factor of 1.0375 or greater, in accordance	25396
with the following formula:	25397

Payment percentage X $60,000 X	25398

(1 - income factor) X 4/15 X 0.023

25399

Where:

25400

(1) "DPIA index" has the same meaning as in section 3317.029	25401
of the Revised Code.	25402

(2) "Payment percentage," for purposes of division (D) of	25403
this section, equals 50% in fiscal year 2002 and 100% after fiscal	25404
year 2002.	25405

(E) Pay each district that has a combination of an income	25406
factor 1.0 or less, a DPIA index of 1.0 or greater, and a	25407
cost-of-doing-business factor of 1.0375 or greater, the greater of	25408
the following:	25409

(1) The product of the district's per pupil parity aid	25410
calculated under division (C) of this section times its formula	25411
ADM;	25412

(2) The product of its per pupil alternative parity aid	25413
calculated under division (D) of this section times its formula	25414
ADM.	25415

(F) Pay every other district the product of its per pupil	25416
parity aid calculated under division (C) of this section times its	25417
formula ADM.	25418

Every six years, the general assembly shall redetermine,	25419
after considering the report of the committee appointed under	25420
section 3317.012 of the Revised Code, the average number of	25421
effective operating mills that districts in the seventieth to	25422
ninetieth percentiles of valuations per pupil collect above the	25423
revenues required to finance their attributed local shares of the	25424
cost of an adequate education.	25425

Sec. 3317.03.  Notwithstanding divisions (A)(1), (B)(1), and	25426
(C) of this section, any student enrolled in kindergarten more	25427
than half time shall be reported as one-half student under this	25428
section.	25429

(A) The superintendent of each city and exempted village	25430
school district and of each educational service center shall, for	25431
the schools under the superintendent's supervision, certify to the	25432
state board of education on or before the fifteenth day of October	25433
in each year for the first full school week in October the formula	25434
ADM, which shall consist of the average daily membership during	25435
such week of the sum of the following:	25436

(1) On an FTE basis, the number of students in grades	25437
kindergarten through twelve receiving any educational services	25438
from the district, except that the following categories of	25439
students shall not be included in the determination:	25440

(a) Students enrolled in adult education classes;

25441

(b) Adjacent or other district students enrolled in the	25442
district under an open enrollment policy pursuant to section	25443
3313.98 of the Revised Code;	25444

(c) Students receiving services in the district pursuant to a	25445
compact, cooperative education agreement, or a contract, but who	25446
are entitled to attend school in another district pursuant to	25447
section 3313.64 or 3313.65 of the Revised Code;	25448

(d) Students for whom tuition is payable pursuant to sections	25449
3317.081 and 3323.141 of the Revised Code.	25450

(2) On an FTE basis, the number of students entitled to	25451
attend school in the district pursuant to section 3313.64 or	25452
3313.65 of the Revised Code, but receiving educational services in	25453
grades kindergarten through twelve from one or more of the	25454
following entities:	25455

(a) A community school pursuant to Chapter 3314. of the	25456
Revised Code, including any participation in a college pursuant to	25457
Chapter 3365. of the Revised Code while enrolled in such community	25458
school;	25459

(b) An alternative school pursuant to sections 3313.974 to	25460
3313.979 of the Revised Code as described in division (I)(2)(a) or	25461
(b) of this section;	25462

(c) A college pursuant to Chapter 3365. of the Revised Code,	25463
except when the student is enrolled in the college while also	25464
enrolled in a community school pursuant to Chapter 3314. of the	25465
Revised Code;	25466

(d) An adjacent or other school district under an open	25467
enrollment policy adopted pursuant to section 3313.98 of the	25468
Revised Code;	25469

(e) An educational service center or cooperative education	25470
district;	25471

(f) Another school district under a cooperative education	25472
agreement, compact, or contract.	25473

(3) One-fourthTen per cent of the number of students	25474
enrolled in a joint vocational school district or under a	25475
vocational education compact, excluding any students entitled to	25476
attend school in the district under section 3313.64 or 3313.65 of	25477
the Revised Code who are enrolled in another school district	25478
through an open enrollment policy as reported under division	25479
(A)(2)(d) of this section and then enroll in a joint vocational	25480
school district or under a vocational education compact;	25481

(4) The number of handicapped children, other than	25482
handicapped preschool children, entitled to attend school in the	25483
district pursuant to section 3313.64 or 3313.65 of the Revised	25484
Code who are placed with a county MR/DD board, minus the number of	25485
such children placed with a county MR/DD board in fiscal year	25486
1998. If this calculation produces a negative number, the number	25487
reported under division (A)(4) of this section shall be zero.	25488

(B) To enable the department of education to obtain the data	25489
needed to complete the calculation of payments pursuant to this	25490
chapter, in addition to the formula ADM, each superintendent shall	25491
report separately the following student counts:	25492

(1) The total average daily membership in regular day classes	25493
included in the report under division (A)(1) or (2) of this	25494
section for kindergarten, and each of grades one through twelve in	25495
schools under the superintendent's supervision;	25496

(2) The number of all handicapped preschool children enrolled	25497
as of the first day of December in classes in the district that	25498
are eligible for approval by the state board of education under	25499
division (B) of section 3317.05 of the Revised Code and the number	25500
of those classes, which shall be reported not later than the	25501
fifteenth day of December, in accordance with rules adopted under	25502
that section;	25503

(3) The number of children entitled to attend school in the	25504
district pursuant to section 3313.64 or 3313.65 of the Revised	25505
Code who are participating in a pilot project scholarship program	25506
established under sections 3313.974 to 3313.979 of the Revised	25507
Code as described in division (I)(2)(a) or (b) of this section,	25508
are enrolled in a college under Chapter 3365. of the Revised Code,	25509
except when the student is enrolled in the college while also	25510
enrolled in a community school pursuant to Chapter 3314. of the	25511
Revised Code, are enrolled in an adjacent or other school district	25512
under section 3313.98 of the Revised Code, are enrolled in a	25513
community school established under Chapter 3314. of the Revised	25514
Code, including any participation in a college pursuant to Chapter	25515
3365. of the Revised Code while enrolled in such community school,	25516
or are participating in a program operated by a county MR/DD board	25517
or a state institution;	25518

(4) The number of pupils enrolled in joint vocational	25519
schools;	25520

(5) The average daily membership of handicapped children	25521
reported under division (A)(1) or (2) of this section receiving	25522
special education services for the category one handicap described	25523
in division (A) of section 3317.013 of the Revised Code;	25524

(6) The average daily membership of handicapped children	25525
reported under division (A)(1) or (2) of this section receiving	25526
special education services for category two handicaps described in	25527
division (B) of section 3317.013 of the Revised Code;	25528

(7) 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 three handicaps described	25531
in division (C) of section 3317.013 of the Revised Code;	25532

(8) 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 four handicaps described	25535
in division (D) of section 3317.013 of the Revised Code;	25536

(9) The average daily membership of handicapped children	25537
reported under division (A)(1) or (2) of this section receiving	25538
special education services for the category five handicap	25539
described in division (E) of section 3317.013 of the Revised Code;	25540

(10) The average daily membership of handicapped children	25541
reported under division (A)(1) or (2) of this section receiving	25542
special education services for category six handicaps described in	25543
division (F) of section 3317.013 of the Revised Code;	25544

(11) The average daily membership of pupils reported under	25545
division (A)(1) or (2) of this section enrolled in category one	25546
vocational education programs or classes, described in division	25547
(A) of section 3317.014 of the Revised Code, operated by the	25548
school district or by another district, other than a joint	25549
vocational school district, or by an educational service center;	25550

(12) The average daily membership of pupils reported under	25551
division (A)(1) or (2) of this section enrolled in category two	25552
vocational education programs or services, described in division	25553
(B) of section 3317.014 of the Revised Code, operated by the	25554
school district or another school district, other than a joint	25555
vocational school district, or by an educational service center;	25556

(13) The average number of children transported by the school	25557
district on board-owned or contractor-owned and -operated buses,	25558
reported in accordance with rules adopted by the department of	25559
education;	25560

(14)(a) The number of children, other than handicapped	25561
preschool children, the district placed with a county MR/DD board	25562
in fiscal year 1998;	25563

(b) The number of handicapped children, other than	25564
handicapped preschool children, placed with a county MR/DD board	25565
in the current fiscal year to receive special education services	25566
for the category one handicap described in division (A) of section	25567
3317.013 of the Revised Code;	25568

(c) The number of handicapped children, other than	25569
handicapped preschool children, placed with a county MR/DD board	25570
in the current fiscal year to receive special education services	25571
for category two handicaps described in division (B) of section	25572
3317.013 of the Revised Code;	25573

(d) The number of handicapped children, other than	25574
handicapped preschool children, placed with a county MR/DD board	25575
in the current fiscal year to receive special education services	25576
for category three handicaps described in division (C) of section	25577
3317.013 of the Revised Code;	25578

(e) The number of handicapped children, other than	25579
handicapped preschool children, placed with a county MR/DD board	25580
in the current fiscal year to receive special education services	25581
for category four handicaps described in division (D) of section	25582
3317.013 of the Revised Code;	25583

(f) The number of handicapped children, other than	25584
handicapped preschool children, placed with a county MR/DD board	25585
in the current fiscal year to receive special education services	25586
for the category five handicap described in division (E) of	25587
section 3317.013 of the Revised Code;	25588

(g) The number of handicapped children, other than	25589
handicapped preschool children, placed with a county MR/DD board	25590
in the current fiscal year to receive special education services	25591
for category six handicaps described in division (F) of section	25592
3317.013 of the Revised Code.	25593

(C)(1) Except as otherwise provided in this section for	25594
kindergarten students, the average daily membership in divisions	25595
(B)(1) to (12) of this section shall be based upon the number of	25596
full-time equivalent students. The state board of education shall	25597
adopt rules defining full-time equivalent students and for	25598
determining the average daily membership therefrom for the	25599
purposes of divisions (A), (B), and (D) of this section.	25600

(2) A student enrolled in a community school established	25601
under Chapter 3314. of the Revised Code shall be counted in the	25602
formula ADM and, if applicable, the category one, two, three,	25603
four, five, or six special education ADM of the school district in	25604
which the student is entitled to attend school under section	25605
3313.64 or 3313.65 of the Revised Code for the same proportion of	25606
the school year that the student is counted in the enrollment of	25607
the community school for purposes of section 3314.08 of the	25608
Revised Code.	25609

(3) No child shall be counted as more than a total of one	25610
child in the sum of the average daily memberships of a school	25611
district under division (A), divisions (B)(1) to (12), or division	25612
(D) of this section, except as follows:	25613

(a) A child with a handicap described in section 3317.013 of	25614
the Revised Code may be counted both in formula ADM and in	25615
category one, two, three, four, five, or six special education ADM	25616
and, if applicable, in category one or two vocational education	25617
ADM. As provided in division (C) of section 3317.02 of the Revised	25618
Code, such a child shall be counted in category one, two, three,	25619
four, five, or six special education ADM in the same proportion	25620
that the child is counted in formula ADM.	25621

(b) A child enrolled in vocational education programs or	25622
classes described in section 3317.014 of the Revised Code may be	25623
counted both in formula ADM and category one or two vocational	25624
education ADM and, if applicable, in category one, two, three,	25625
four, five, or six special education ADM. Such a child shall be	25626
counted in category one or two vocational education ADM in the	25627
same proportion as the percentage of time that the child spends in	25628
the vocational education programs or classes.	25629

(4) Based on the information reported under this section, the	25630
department of education shall determine the total student count,	25631
as defined in section 3301.011 of the Revised Code, for each	25632
school district.	25633

(D)(1) The superintendent of each joint vocational school	25634
district shall certify to the superintendent of public instruction	25635
on or before the fifteenth day of October in each year for the	25636
first full school week in October the formula ADM, which, except	25637
as otherwise provided in this division, shall consist of the	25638
average daily membership during such week, on an FTE basis, of the	25639
number of students receiving any educational services from the	25640
district, including students enrolled in a community school	25641
established under Chapter 3314. of the Revised Code who are	25642
attending the joint vocational district under an agreement between	25643
the district board of education and the governing authority of the	25644
community school and are entitled to attend school in a city,	25645
local, or exempted village school district whose territory is part	25646
of the territory of the joint vocational district.	25647

The following categories of students shall not be included in	25648
the determination made under division (D)(1) of this section:	25649

(a) Students enrolled in adult education classes;

25650

(b) Adjacent or other district joint vocational students	25651
enrolled in the district under an open enrollment policy pursuant	25652
to section 3313.98 of the Revised Code;	25653

(c) Students receiving services in the district pursuant to a	25654
compact, cooperative education agreement, or a contract, but who	25655
are entitled to attend school in a city, local, or exempted	25656
village school district whose territory is not part of the	25657
territory of the joint vocational district;	25658

(d) Students for whom tuition is payable pursuant to sections	25659
3317.081 and 3323.141 of the Revised Code.	25660

(2) To enable the department of education to obtain the data	25661
needed to complete the calculation of payments pursuant to this	25662
chapter, in addition to the formula ADM, each superintendent shall	25663
report separately the average daily membership included in the	25664
report under division (D)(1) of this section for each of the	25665
following categories of students:	25666

(a) Students enrolled in each grade included in the joint	25667
vocational district schools;	25668

(b) Handicapped children receiving special education services	25669
for the category one handicap described in division (A) of section	25670
3317.013 of the Revised Code;	25671

(c) Handicapped children receiving special education services	25672
for the category two handicaps described in division (B) of	25673
section 3317.013 of the Revised Code;	25674

(d) Handicapped children receiving special education services	25675
for category three handicaps described in division (C) of section	25676
3317.013 of the Revised Code;	25677

(e) Handicapped children receiving special education services	25678
for category four handicaps described in division (D) of section	25679
3317.013 of the Revised Code;	25680

(f) Handicapped children receiving special education services	25681
for the category five handicap described in division (E) of	25682
section 3317.013 of the Revised Code;	25683

(g) Handicapped children receiving special education services	25684
for category six handicaps described in division (F) of section	25685
3317.013 of the Revised Code;	25686

(h) Students receiving category one vocational education	25687
services, described in division (A) of section 3317.014 of the	25688
Revised Code;	25689

(i) Students receiving category two vocational education	25690
services, described in division (B) of section 3317.014 of the	25691
Revised Code.	25692

The superintendent of each joint vocational school district	25693
shall also indicate the city, local, or exempted village school	25694
district in which each joint vocational district pupil is entitled	25695
to attend school pursuant to section 3313.64 or 3313.65 of the	25696
Revised Code.	25697

(E) In each school of each city, local, exempted village,	25698
joint vocational, and cooperative education school district there	25699
shall be maintained a record of school membership, which record	25700
shall accurately show, for each day the school is in session, the	25701
actual membership enrolled in regular day classes. For the purpose	25702
of determining average daily membership, the membership figure of	25703
any school shall not include any pupils except those pupils	25704
described by division (A) of this section. The record of	25705
membership for each school shall be maintained in such manner that	25706
no pupil shall be counted as in membership prior to the actual	25707
date of entry in the school and also in such manner that where for	25708
any cause a pupil permanently withdraws from the school that pupil	25709
shall not be counted as in membership from and after the date of	25710
such withdrawal. There shall not be included in the membership of	25711
any school any of the following:	25712

(1) Any pupil who has graduated from the twelfth grade of a	25713
public high school;	25714

(2) Any pupil who is not a resident of the state;

25715

(3) Any pupil who was enrolled in the schools of the district	25716
during the previous school year when tests were administered under	25717
section 3301.0711 of the Revised Code but did not take one or more	25718
of the tests required by that section and was not excused pursuant	25719
to division (C)(1) of that section;	25720

(4) Any pupil who has attained the age of twenty-two years,	25721
except for veterans of the armed services whose attendance was	25722
interrupted before completing the recognized twelve-year course of	25723
the public schools by reason of induction or enlistment in the	25724
armed forces and who apply for reenrollment in the public school	25725
system of their residence not later than four years after	25726
termination of war or their honorable discharge.	25727

If, however, any veteran described by division (E)(4) of this	25728
section elects to enroll in special courses organized for veterans	25729
for whom tuition is paid under the provisions of federal laws, or	25730
otherwise, that veteran shall not be included in average daily	25731
membership.	25732

Notwithstanding division (E)(3) of this section, the	25733
membership of any school may include a pupil who did not take a	25734
test required by section 3301.0711 of the Revised Code if the	25735
superintendent of public instruction grants a waiver from the	25736
requirement to take the test to the specific pupil. The	25737
superintendent may grant such a waiver only for good cause in	25738
accordance with rules adopted by the state board of education.	25739

Except as provided in divisions (B)(2) and (F) of this	25740
section, the average daily membership figure of any local, city,	25741
exempted village, or joint vocational school district shall be	25742
determined by dividing the figure representing the sum of the	25743
number of pupils enrolled during each day the school of attendance	25744
is actually open for instruction during the first full school week	25745
in October by the total number of days the school was actually	25746
open for instruction during that week. For purposes of state	25747
funding, "enrolled" persons are only those pupils who are	25748
attending school, those who have attended school during the	25749
current school year and are absent for authorized reasons, and	25750
those handicapped children currently receiving home instruction.	25751

The average daily membership figure of any cooperative	25752
education school district shall be determined in accordance with	25753
rules adopted by the state board of education.	25754

(F)(1) If the formula ADM for the first full school week in	25755
February is at least three per cent greater than that certified	25756
for the first full school week in the preceding October, the	25757
superintendent of schools of any city, exempted village, or joint	25758
vocational school district or educational service center shall	25759
certify such increase to the superintendent of public instruction.	25760
Such certification shall be submitted no later than the fifteenth	25761
day of February. For the balance of the fiscal year, beginning	25762
with the February payments, the superintendent of public	25763
instruction shall use the increased formula ADM in calculating or	25764
recalculating the amounts to be allocated in accordance with	25765
section 3317.022 or 3317.16 of the Revised Code. In no event shall	25766
the superintendent use an increased membership certified to the	25767
superintendent after the fifteenth day of February.	25768

(2) If on the first school day of April the total number of	25769
classes or units for handicapped preschool children that are	25770
eligible for approval under division (B) of section 3317.05 of the	25771
Revised Code exceeds the number of units that have been approved	25772
for the year under that division, the superintendent of schools of	25773
any city, exempted village, or cooperative education school	25774
district or educational service center shall make the	25775
certifications required by this section for that day. If the state	25776
board of educationdepartment determines additional units can be	25777
approved for the fiscal year within any limitations set forth in	25778
the acts appropriating moneys for the funding of such units, the	25779
boarddepartment shall approve additional units for the fiscal	25780
year on the basis of such average daily membership. For each unit	25781
so approved, the department of education shall pay an amount	25782
computed in the manner prescribed in section 3317.052 or 3317.19	25783
and section 3317.053 of the Revised Code.	25784

(3) If a student attending a community school under Chapter	25785
3314. of the Revised Code is not included in the formula ADM	25786
certified for the first full school week of October for the school	25787
district in which the student is entitled to attend school under	25788
section 3313.64 or 3313.65 of the Revised Code, the department of	25789
education shall adjust the formula ADM of that school district to	25790
include the community school student in accordance with division	25791
(C)(2) of this section, and shall recalculate the school	25792
district's payments under this chapter for the entire fiscal year	25793
on the basis of that adjusted formula ADM. This requirement	25794
applies regardless of whether the student was enrolled, as defined	25795
in division (E) of this section, in the community school during	25796
the first full school week in October.	25797

(G)(1)(a) The superintendent of an institution operating a	25798
special education program pursuant to section 3323.091 of the	25799
Revised Code shall, for the programs under such superintendent's	25800
supervision, certify to the state board of education the average	25801
daily membership of all handicapped children in classes or	25802
programs approved annually by the state boarddepartment of	25803
education, in the manner prescribed by the superintendent of	25804
public instruction.	25805

(b) The superintendent of an institution with vocational	25806
education units approved under division (A) of section 3317.05 of	25807
the Revised Code shall, for the units under the superintendent's	25808
supervision, certify to the state board of education the average	25809
daily membership in those units, in the manner prescribed by the	25810
superintendent of public instruction.	25811

(2) The superintendent of each county MR/DD board that	25812
maintains special education classes under section 3317.20 of the	25813
Revised Code or units approved by the state board of education	25814
pursuant to section 3317.05 of the Revised Code shall do both of	25815
the following:	25816

(a) Certify to the state board, in the manner prescribed by	25817
the board, the average daily membership in classes under section	25818
3317.20 of the Revised Code for each school district that has	25819
placed children in the classes;	25820

(b) Certify to the state board, in the manner prescribed by	25821
the board, the number of all handicapped preschool children	25822
enrolled as of the first day of December in classes eligible for	25823
approval under division (B) of section 3317.05 of the Revised	25824
Code, and the number of those classes.	25825

(3)(a) If on the first school day of April the number of	25826
classes or units maintained for handicapped preschool children by	25827
the county MR/DD board that are eligible for approval under	25828
division (B) of section 3317.05 of the Revised Code is greater	25829
than the number of units approved for the year under that	25830
division, the superintendent shall make the certification required	25831
by this section for that day.	25832

(b) If the state boarddepartment determines that additional	25833
classes or units can be approved for the fiscal year within any	25834
limitations set forth in the acts appropriating moneys for the	25835
funding of the classes and units described in division (G)(3)(a)	25836
of this section, the boarddepartment shall approve and fund	25837
additional units for the fiscal year on the basis of such average	25838
daily membership. For each unit so approved, the department of	25839
education shall pay an amount computed in the manner prescribed in	25840
sections 3317.052 and 3317.053 of the Revised Code.	25841

(H) Except as provided in division (I) of this section, when	25842
any city, local, or exempted village school district provides	25843
instruction for a nonresident pupil whose attendance is	25844
unauthorized attendance as defined in section 3327.06 of the	25845
Revised Code, that pupil's membership shall not be included in	25846
that district's membership figure used in the calculation of that	25847
district's formula ADM or included in the determination of any	25848
unit approved for the district under section 3317.05 of the	25849
Revised Code. The reporting official shall report separately the	25850
average daily membership of all pupils whose attendance in the	25851
district is unauthorized attendance, and the membership of each	25852
such pupil shall be credited to the school district in which the	25853
pupil is entitled to attend school under division (B) of section	25854
3313.64 or section 3313.65 of the Revised Code as determined by	25855
the department of education.	25856

(I)(1) A city, local, exempted village, or joint vocational	25857
school district admitting a scholarship student of a pilot project	25858
district pursuant to division (C) of section 3313.976 of the	25859
Revised Code may count such student in its average daily	25860
membership.	25861

(2) In any year for which funds are appropriated for pilot	25862
project scholarship programs, a school district implementing a	25863
state-sponsored pilot project scholarship program that year	25864
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	25865
count in average daily membership:	25866

(a) All children residing in the district and utilizing a	25867
scholarship to attend kindergarten in any alternative school, as	25868
defined in section 3313.974 of the Revised Code;	25869

(b) All children who were enrolled in the district in the	25870
preceding year who are utilizing a scholarship to attend any such	25871
alternative school.	25872

(J) The superintendent of each cooperative education school	25873
district shall certify to the superintendent of public	25874
instruction, in a manner prescribed by the state board of	25875
education, the applicable average daily memberships for all	25876
students in the cooperative education district, also indicating	25877
the city, local, or exempted village district where each pupil is	25878
entitled to attend school under section 3313.64 or 3313.65 of the	25879
Revised Code.	25880

Sec. 3317.032.  (A) Each city, local, exempted village, and	25881
cooperative education school district, each educational service	25882
center, each county MR/DD board, and each institution operating a	25883
special education program pursuant to section 3323.091 of the	25884
Revised Code shall, in accordance with procedures adopted by the	25885
state board of education, maintain a record of district membership	25886
of both of the following:	25887

(1) All handicapped preschool children in units approved	25888
under division (B) of section 3317.05 of the Revised Code;	25889

(2) All handicapped preschool children who are not in units	25890
approved by the state board under division (B) of section 3317.05	25891
of the Revised Code but who are otherwise served by a special	25892
education program.	25893

(B) The superintendent of each district, board, or	25894
institution subject to division (A) of this section shall certify	25895
to the state board of education, in accordance with procedures	25896
adopted by that board, membership figures of all handicapped	25897
preschool children whose membership is maintained under division	25898
(A)(2) of this section. The figures certified under this division	25899
shall be used in the determination of the ADM used to compute	25900
funds for educational service center governing boards under	25901
division (B) of section 3317.11 of the Revised Code.	25902

Sec. 3317.05.  (A) For the purpose of calculating payments	25903
under sections 3317.052 and 3317.053 of the Revised Code, the	25904
state boarddepartment of education shall determine for each	25905
institution, by the last day of January of each year and based on	25906
information certified under section 3317.03 of the Revised Code,	25907
the number of vocational education units or fractions of units	25908
approved by the state boarddepartment on the basis of standards	25909
and rules adopted by the state board of education. As used in this	25910
division, "institution" means an institution operated by a	25911
department specified in section 3323.091 of the Revised Code and	25912
that provides vocational education programs under the supervision	25913
of the division of vocational education of the department of	25914
education that meet the standards and rules for these programs,	25915
including licensure of professional staff involved in the	25916
programs, as established by the state board of education.	25917

(B) For the purpose of calculating payments under sections	25918
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	25919
state boarddepartment shall determine, based on information	25920
certified under section 3317.03 of the Revised Code, the following	25921
by the last day of January of each year for each educational	25922
service center, for each school district, including each	25923
cooperative education school district, for each institution	25924
eligible for payment under section 3323.091 of the Revised Code,	25925
and for each county MR/DD board: the number of classes operated by	25926
the school district, service center, institution, or county MR/DD	25927
board for handicapped preschool children, or fraction thereof,	25928
including in the case of a district or service center that is a	25929
funding agent, classes taught by a licensed teacher employed by	25930
that district or service center under section 3313.841 of the	25931
Revised Code, approved annually by the state boarddepartment on	25932
the basis of standards and rules adopted by the state board.	25933

(C) For the purpose of calculating payments under sections	25934
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	25935
state boarddepartment shall determine, based on information	25936
certified under section 3317.03 of the Revised Code, the following	25937
by the last day of January of each year for each school district,	25938
including each cooperative education school district, for each	25939
institution eligible for payment under section 3323.091 of the	25940
Revised Code, and for each county MR/DD board: the number of	25941
preschool handicapped related services units for child study,	25942
occupational, physical, or speech and hearing therapy, special	25943
education supervisors, and special education coordinators approved	25944
annually by the state boarddepartment on the basis of standards	25945
and rules adopted by the state board.	25946

(D) For the purpose of calculating payments under sections	25947
3317.052 and 3317.053 of the Revised Code, the state board	25948
department shall determine, based on information certified under	25949
section 3317.03 of the Revised Code, the following by the last day	25950
of January of each year for each institution eligible for payment	25951
under section 3323.091 of the Revised Code:	25952

(1) The number of classes operated by an institution for	25953
handicapped children other than handicapped preschool children, or	25954
fraction thereof, approved annually by the state boarddepartment	25955
on the basis of standards and rules adopted by the state board;	25956

(2) The number of related services units for children other	25957
than handicapped preschool children for child study, occupational,	25958
physical, or speech and hearing therapy, special education	25959
supervisors, and special education coordinators approved annually	25960
by the state boarddepartment on the basis of standards and rules	25961
adopted by the state board.	25962

(E) All of the arithmetical calculations made under this	25963
section shall be carried to the second decimal place. The total	25964
number of units for school districts, service centers, and	25965
institutions approved annually by the state board under this	25966
section shall not exceed the number of units included in the state	25967
board's estimate of cost for these units and appropriations made	25968
for them by the general assembly.	25969

In the case of units described in division (D)(1) of this	25970
section operated by institutions eligible for payment under	25971
section 3323.091 of the Revised Code, the state boarddepartment	25972
shall approve only units for persons who are under age twenty-two	25973
on the first day of the academic year, but not less than six years	25974
of age on the thirtieth day of September of that year, except that	25975
such a unit may include one or more children who are under six	25976
years of age on the thirtieth day of September if such children	25977
have been admitted to the unit pursuant to rules of the state	25978
board. In the case of handicapped preschool units described in	25979
division (B) of this section operated by county MR/DD boards and	25980
institutions eligible for payment under section 3323.091 of the	25981
Revised Code, the state boarddepartment shall approve only	25982
preschool units for children who are under age six but not less	25983
than age three on the thirtiethfirst day of SeptemberDecember of	25984
the academic year, except that such a unit may include one or more	25985
children who are under age three or are age six or over on the	25986
thirtiethfirst day of SeptemberDecember, as reported under	25987
division (B)(2) or (G)(2)(b) of section 3317.03 of the Revised	25988
Code, if such children have been admitted to the unit pursuant to	25989
rules of the state board of education. The number of units for	25990
county MR/DD boards and institutions eligible for payment under	25991
section 3323.091 of the Revised Code approved by the state board	25992
under this section shall not exceed the number that can be funded	25993
with appropriations made for such purposes by the general	25994
assembly.	25995

No unit shall be approved under divisions (B) to (D) of this	25996
section unless a plan has been submitted and approved under	25997
Chapter 3323. of the Revised Code.	25998

(F) The department shall approve units or fractions thereof	25999
for gifted children on the basis of standards and rules adopted by	26000
the state board.	26001

Sec. 3317.064.  (A) There is hereby established in the state	26002
treasury the auxiliary services mobile unit replacement and repair	26003
reimbursement fund. By the thirtieth day of January of each	26004
odd-numbered year, the director of job and family services and the	26005
superintendent of public instruction shall determine the amount of	26006
any excess moneys in the auxiliary services personnel unemployment	26007
compensation fund not reasonably necessary for the purposes of	26008
section 4141.47 of the Revised Code, and shall certify such amount	26009
to the director of budget and management for transfer to the	26010
auxiliary services mobile unit replacement and repair	26011
reimbursement fund. If the director of job and family services and	26012
the superintendent disagree on such amount, the director of budget	26013
and management shall determine the amount to be transferred.	26014

(B) Moneys in the auxiliary services mobile unit replacement	26015
and repairreimbursement fund shall be used for the relocation or	26016
for the replacement and repair of mobile units used to provide the	26017
services specified in division (E), (F), (G), or (I) of section	26018
3317.06 of the Revised Code. The state board of education shall	26019
adopt guidelines and procedures for replacement, repair, and	26020
relocation of mobile units and the procedures under which a school	26021
district may apply to receive moneys with which to repair or	26022
replace or relocate such units.	26023

(C) School districts may apply to the department for moneys	26024
from the auxiliary services mobile unit replacement and repair	26025
reimbursement fund for payment of incentives for early retirement	26026
and severance for school district personnel assigned to provide	26027
services authorized by section 3317.06 of the Revised Code at	26028
chartered nonpublic schools. The portion of the cost of any early	26029
retirement or severance incentive for any employee that is paid	26030
using money from the auxiliary services mobile unit replacement	26031
and repairreimbursement fund shall not exceed the percentage of	26032
such employee's total service credit that the employee spent	26033
providing services to chartered nonpublic school students under	26034
section 3317.06 of the Revised Code.	26035

Sec. 3317.07.  The state board of education shall establish	26036
rules for the purpose of distributing subsidies for the purchase	26037
of school buses under division (E) of section 3317.024 of the	26038
Revised Code.	26039

No school bus subsidy payments shall be paid to any district	26040
unless such district can demonstrate that pupils residing more	26041
than one mile from the school could not be transported without	26042
such additional aid.	26043

The amount paid to a county MR/DD board for buses purchased	26044
for transportation of children in special education programs	26045
operated by the board shall be one hundred per cent of the board's	26046
net cost.	26047

The amount paid to a school district for buses purchased for	26048
transportation of handicapped and nonpublic school pupils shall be	26049
one hundred per cent of the school district's net cost.	26050

The state board of education shall adopt a formula to	26051
determine the amount of payments that shall be distributed to	26052
school districts to purchase school buses for pupils other than	26053
handicapped or nonpublic school pupils.	26054

If any district or MR/DD board obtains bus services for pupil	26055
transportation pursuant to a contract, such district or board may	26056
use payments received under this section to defray the costs of	26057
contracting for bus services in lieu of for purchasing buses.	26058

If the department of education determines that a county MR/DD	26059
board no longer needs a school bus because the board no longer	26060
transports children to a special education program operated by the	26061
board, or if the department determines that a school district no	26062
longer needs a school bus to transport pupils to a nonpublic	26063
school or special education program, the department may reassign a	26064
bus that was funded with payments provided pursuant to this	26065
section for the purpose of transporting such pupils. The	26066
department may reassign a bus to a county MR/DD board or school	26067
district that transports children to a special education program	26068
designated in the children's individualized education plans, or to	26069
a school district that transports pupils to a nonpublic school,	26070
and needs an additional school bus.	26071

Sec. 3317.09.  All moneys distributed to a school district,	26072
including any cooperative education or joint vocational school	26073
district and all moneys distributed to any educational service	26074
center, by the state whether from a state or federal source, shall	26075
be accounted for by the division of school finance of the	26076
department of education. All moneys distributed shall be coded as	26077
to county, school district or educational service center, source,	26078
and other pertinent information, and at the end of each month, a	26079
report of such distribution shall be made by such division of	26080
school finance to the clerk of the senate and the chief	26081
administrative officer of the house of representatives, to the	26082
Ohio legislative service commission to be available for	26083
examination by any member of either house, to each school district	26084
and educational service center, and to the governor.	26085

On or before the first day of September in each year, a copy	26086
of the annual statistical report required in sectionssection	26087
3319.33 and 3319.34 of the Revised Code shall be filed by the	26088
state board of education with the clerk of the senate and the	26089
chief administrative officer of the house of representatives, the	26090
Ohio legislative service commission, the governor, and the auditor	26091
of state. The report shall contain an analysis for the prior	26092
fiscal year on an accrual basis of revenue receipts from all	26093
sources and expenditures for all purposes for each school district	26094
and each educational service center, including each joint	26095
vocational and cooperative education school district, in the	26096
state. If any board of education or any educational service center	26097
governing board fails to make the report required in sections	26098
section 3319.33 and 3319.34 of the Revised Code, the	26099
superintendent of public instruction shall be without authority to	26100
distribute funds to that school district or educational service	26101
center pursuant to sections 3317.022 to 3317.0212, 3317.11,	26102
3317.16, 3317.17, or 3317.19 of the Revised Code until such time	26103
as the required reports are filed with all specified officers,	26104
boards, or agencies.	26105

Sec. 3317.10.  (A) On or before the first day of March of	26106
each year, the department of job and family services shall certify	26107
to the state board of education the unduplicated number of	26108
children ages five through seventeen residing in each school	26109
district and living in a family that, during the preceding	26110
October, had family income not exceeding the federal poverty	26111
guidelines as defined in section 5101.46 of the Revised Code and	26112
participated in one of the following:	26113

(1) Ohio works first;

26114

(2) The food stamp program;

26115

(3) The medical assistance program, including the healthy	26116
start program, established under Chapter 5111. of the Revised	26117
Code;	26118

(4) The children's health insurance program part I	26119
established under section 5101.50 of the Revised Code;	26120

(5) The disability financial assistance program established	26121
under Chapter 5115. of the Revised Code;	26122

(6) The disability medical assistance program established	26123
under Chapter 5115. of the Revised Code.	26124

The department of job and family services shall certify this	26125
information according to the school district of residence for each	26126
child. Except as provided under division (B) of this section, the	26127
number of children so certified in any year shall be used by the	26128
department of education in calculating the distribution of moneys	26129
for the ensuing fiscal year as provided in section 3317.029 of the	26130
Revised Code.	26131

(B) Upon the transfer of part of the territory of one school	26132
district to the territory of one or more other school districts,	26133
the department of education may adjust the number of children	26134
certified under division (A) of this section for any district	26135
gaining or losing territory in such a transfer in order to take	26136
into account the effect of the transfer on the number of such	26137
children who reside in the district. Within sixty days of receipt	26138
of a request for information from the department of education, the	26139
department of job and family services shall provide any	26140
information the department of education determines is necessary to	26141
make such adjustments. The department of education may use the	26142
adjusted number for any district for the applicable fiscal year,	26143
in lieu of the number certified for the district for that fiscal	26144
year under division (A) of this section, in the calculation of the	26145
distribution of moneys provided in section 3317.029 of the Revised	26146
Code.	26147

Sec. 3317.11.  (A) As used in this section:

26148

(1) "Client school district" means a city or exempted village	26149
school district that has entered into an agreement under section	26150
3313.843 of the Revised Code to receive any services from an	26151
educational service center.	26152

(2) "Service center ADM" means the sum of the total student	26153
counts of all local school districts within an educational service	26154
center's territory and all of the service center's client school	26155
districts.	26156

(3) "Total student count" has the same meaning as in section	26157
3301.011 of the Revised Code.	26158

(B)(1) The governing board of each educational service center	26159
shall provide supervisory services to each local school district	26160
within the service center's territory. Each city or exempted	26161
village school district that enters into an agreement under	26162
section 3313.843 of the Revised Code for a governing board to	26163
provide any services also is considered to be provided supervisory	26164
services by the governing board. Except as provided in division	26165
(B)(2) of this section, the supervisory services shall not exceed	26166
one supervisory teacher for the first fifty classroom teachers	26167
required to be employed in the districts, as calculated under	26168
section 3317.023 of the Revised Code, and one for each additional	26169
one hundred required classroom teachers, as so calculated.	26170

The supervisory services shall be financed annually through	26171
supervisory units. Except as provided in division (B)(2) of this	26172
section, the number of supervisory units assigned to each district	26173
shall not exceed one unit for the first fifty classroom teachers	26174
required to be employed in the district, as calculated under	26175
section 3317.023 of the Revised Code, and one for each additional	26176
one hundred required classroom teachers, as so calculated. The	26177
cost of each supervisory unit shall be the sum of:	26178

(a) The minimum salary prescribed by section 3317.13 of the	26179
Revised Code for the licensed supervisory employee of the	26180
governing board;	26181

(b) An amount equal to fifteen per cent of the salary	26182
prescribed by section 3317.13 of the Revised Code;	26183

(c) An allowance for necessary travel expenses, limited to	26184
the lesser of two hundred twenty-three dollars and sixteen cents	26185
per month or two thousand six hundred seventy-eight dollars per	26186
year.	26187

(2) If a majority of the boards of education, or	26188
superintendents acting on behalf of the boards, of the local and	26189
client school districts receiving services from the educational	26190
service center agree to receive additional supervisory services	26191
and to pay the cost of a corresponding number of supervisory units	26192
in excess of the services and units specified in division (B)(1)	26193
of this section, the service center shall provide the additional	26194
services as agreed to by the majority of districts to, and the	26195
department of education shall apportion the cost of the	26196
corresponding number of additional supervisory units pursuant to	26197
division (B)(3) of this section among, all of the service center's	26198
local and client school districts.	26199

(3) The department shall apportion the total cost for all	26200
supervisory units among the service center's local and client	26201
school districts based on each district's total student count. The	26202
department shall deduct each district's apportioned share pursuant	26203
to division (E) of section 3317.023 of the Revised Code and pay	26204
the apportioned share to the service center.	26205

(C) The department annually shall deduct from each local and	26206
client school district of each educational service center,	26207
pursuant to division (E) of section 3317.023 of the Revised Code,	26208
and pay to the service center an amount equal to six dollars and	26209
fifty cents times the school district's total student count. The	26210
board of education, or the superintendent acting on behalf of the	26211
board, of any local or client school district may agree to pay an	26212
amount in excess of six dollars and fifty cents per student in	26213
total student count. If a majority of the boards of education, or	26214
superintendents acting on behalf of the boards, of the local	26215
school districts within a service center's territory approve an	26216
amount in excess of six dollars and fifty cents per student in	26217
total student count, the department shall deduct the approved	26218
excess per student amount from all of the local school districts	26219
within the service center's territory and pay the excess amount to	26220
the service center.	26221

(D) The department shall pay each educational service center	26222
the amounts due to it from school districts pursuant to contracts,	26223
compacts, or agreements under which the service center furnishes	26224
services to the districts or their students. In order to receive	26225
payment under this division, an educational service center shall	26226
furnish either a copy of the contract, compact, or agreement	26227
clearly indicating the amounts of the payments, or a written	26228
statement that clearly indicates the payments owed and is signed	26229
by the superintendent or treasurer of the responsible school	26230
district. The amounts paid to service centers under this division	26231
shall be deducted from payments to school districts pursuant to	26232
division (K)(3) of section 3317.023 of the Revised Code.	26233

(E) Each school district's deduction under this section and	26234
divisions (E) and (K)(3) of section 3317.023 of the Revised Code	26235
shall be made from the total payment computed for the district	26236
under this chapter, after making any other adjustments in that	26237
payment required by law.	26238

(F)(1) Except as provided in division (F)(2) of this section,	26239
the department annually shall pay the governing board of each	26240
educational service center state funds equal to thirty-seven	26241
dollars times its service center ADM.	26242

(2) The department annually shall pay state funds equal to	26243
forty dollars and fifty-two cents times the service center ADM to	26244
each educational service center comprising territory that was	26245
included in the territory of at least three former service centers	26246
or county school districts, which former centers or districts	26247
engaged in one or more mergers under section 3311.053 of the	26248
Revised Code to form the present center.	26249

(G) Each city, exempted village, local, joint vocational, or	26250
cooperative education school district shall pay to the governing	26251
board of an educational service center any amounts agreed to for	26252
each child enrolled in the district who receives special education	26253
and related services or career-technical education from the	26254
educational service center, unless these educational services are	26255
provided pursuant to a contract, compact, or agreement for which	26256
the department deducts and transfers payments under division (D)	26257
of this section and division (K)(3) of section 3317.023 of the	26258
Revised Code.	26259

(H) An educational service center:

26260

(1) May provide special education and career-technical	26261
education to students in its local or client school districts;	26262

(2) Is eligible for transportation funding under division (J)	26263
of section 3317.024 of the Revised Code and for state subsidies	26264
for the purchase of school buses under section 3317.07 of the	26265
Revised Code;	26266

(3) May apply for and receive gifted education units and	26267
provide gifted education services to students in its local or	26268
client school districts;	26269

(4) May conduct driver education for high school students in	26270
accordance with Chapter 4508. of the Revised Code.	26271

Sec. 3317.15.  (A) As used in this section, "handicapped	26272
child" has the same meaning as in section 3323.01 of the Revised	26273
Code.	26274

(B) Each city, exempted village, local, and joint vocational	26275
school district shall continue to comply with all requirements of	26276
federal statutes and regulations, the Revised Code, and rules	26277
adopted by the state board of education governing education of	26278
handicapped children, including, but not limited to, requirements	26279
that handicapped children be served by appropriately licensed or	26280
certificated education personnel.	26281

(C) Each city, exempted village, local, and joint vocational	26282
school district shall consult with the educational service center	26283
serving the county in which the school district is located and, if	26284
it elects to participate pursuant to section 5126.04 of the	26285
Revised Code, the county MR/DD board of that county, in providing	26286
services that serve the best interests of handicapped children.	26287

(D) Each school district shall annually provide documentation	26288
to the department of education that it employs the appropriate	26289
number of licensed or certificated personnel to serve the	26290
district's handicapped students.	26291

(E) The department annually shall audit a sample of school	26292
districts to ensure that handicapped children are being	26293
appropriately reported.	26294

(F) Each school district shall provide speech-language	26295
pathology services at a ratio of one speech-language pathologist	26296
per two thousand students receiving any educational services from	26297
the district other than adult education. A speech-language	26298
pathologist employed on a full-time equivalent basis shall provide	26299
services to no more than fifty-five school-age handicapped	26300
children at any one time. Each district shall provide school	26301
psychological services at a ratio of one school psychologist per	26302
two thousand five hundred students receiving any educational	26303
services from the district other than adult education. A district	26304
may obtain the services of speech-language pathologists and school	26305
psychologists by any means permitted by law, including contracting	26306
with an educational service center. If, however, a district is	26307
unable to obtain the services of the required number of	26308
speech-language pathologists or school psychologists, the district	26309
may request from the superintendent of public instruction, and the	26310
superintendent may grant, a waiver of this provision for a period	26311
of time established by the superintendent.	26312

Sec. 3317.16.  (A) As used in this section:

26313

(1) "State share percentage" means the percentage calculated	26314
for a joint vocational school district as follows:	26315

(a) Calculate the state base cost funding amount for the	26316
district under division (B) of this section. If the district would	26317
not receive any base cost funding for that year under that	26318
division, the district's state share percentage is zero.	26319

(b) If the district would receive base cost funding under	26320
that division, divide that base cost amount by an amount equal to	26321
the following:	26322

cost-of-doing-business factor X

26323

the formula amount X

26324

the greater of formula ADM or

26325

three-year average formula ADM

26326

The resultant number is the district's state share	26327
percentage.	26328

(2) The "total special education weight" for a joint	26329
vocational school district shall be calculated in the same manner	26330
as prescribed in division (B)(1) of section 3317.022 of the	26331
Revised Code.	26332

(3) The "total vocational education weight" for a joint	26333
vocational school district shall be calculated in the same manner	26334
as prescribed in division (B)(4) of section 3317.022 of the	26335
Revised Code.	26336

(4) The "total recognized valuation" of a joint vocational	26337
school district shall be determined by adding the recognized	26338
valuations of all its constituent school districts for the	26339
applicable fiscal year.	26340

(5) "Resident district" means the city, local, or exempted	26341
village school district in which a student is entitled to attend	26342
school under section 3313.64 or 3313.65 of the Revised Code.	26343

(6) "Community school" means a community school established	26344
under Chapter 3314. of the Revised Code.	26345

(B) The department of education shall compute and distribute	26346
state base cost funding to each joint vocational school district	26347
for the fiscal year in accordance with the following formula:	26348

(cost-of-doing-business factor X

26349

formula amount X the greater of formula

26350

ADM or three-year average formula ADM) -

26351

(.0005 X total recognized valuation)

26352

If the difference obtained under this division is a negative	26353
number, the district's computation shall be zero.	26354

(C)(1) The department shall compute and distribute state	26355
vocational education additional weighted costs funds to each joint	26356
vocational school district in accordance with the following	26357
formula:	26358

state share percentage X formula amount X

26359

total vocational education weight

26360

In each fiscal year, a joint vocational school district	26361
receiving funds under division (C)(1) of this section shall spend	26362
those funds only for the purposes the department designates as	26363
approved for vocational education expenses. Vocational educational	26364
expenses approved by the department shall include only expenses	26365
connected to the delivery of career-technical programming to	26366
career-technical students. The department shall require the joint	26367
vocational school district to report data annually so that the	26368
department may monitor the district's compliance with the	26369
requirements regarding the manner in which funding received under	26370
division (C)(1) of this section may be spent.	26371

(2) The department shall compute for each joint vocational	26372
school district state funds for vocational education associated	26373
services costs in accordance with the following formula:	26374

state share percentage X .05 X

26375

the formula amount X the sum of

26376

categories one and two vocational

26377

education ADM

26378

In any fiscal year, a joint vocational school district	26379
receiving funds under division (C)(2) of this section, or through	26380
a transfer of funds pursuant to division (L) of section 3317.023	26381
of the Revised Code, shall spend those funds only for the purposes	26382
that the department designates as approved for vocational	26383
education associated services expenses, which may include such	26384
purposes as apprenticeship coordinators, coordinators for other	26385
vocational education services, vocational evaluation, and other	26386
purposes designated by the department. The department may deny	26387
payment under division (C)(2) of this section to any district that	26388
the department determines is not operating those services or is	26389
using funds paid under division (C)(2) of this section, or through	26390
a transfer of funds pursuant to division (L) of section 3317.023	26391
of the Revised Code, for other purposes.	26392

(D)(1) The department shall compute and distribute state	26393
special education and related services additional weighted costs	26394
funds to each joint vocational school district in accordance with	26395
the following formula:	26396

state share percentage X formula amount X	26397

total special education weight

26398

(2)(a) As used in this division, the "personnel allowance"	26399
means thirty thousand dollars in fiscal years 2002 and, 2003,	26400
2004, and 2005.	26401

(b) For the provision of speech services to students,	26402
including students who do not have individualized education	26403
programs prepared for them under Chapter 3323. of the Revised	26404
Code, and for no other purpose, the department shall pay each	26405
joint vocational school district an amount calculated under the	26406
following formula:	26407

(formula ADM divided by 2000) X the personnel

26408

allowance X state share percentage

26409

(3) In any fiscal year, a joint vocational school district	26410
shall spend for purposes that the department designates as	26411
approved for special education and related services expenses at	26412
least the amount calculated as follows:	26413

(cost-of-doing-business factor X formula amount

26414

X the sum of categories one through

26415

six special education ADM) +

26416

(total special education weight X

26417

formula amount)

26418

The purposes approved by the department for special education	26419
expenses shall include, but shall not be limited to, compliance	26420
with state rules governing the education of handicapped children,	26421
providing services identified in a student's individualized	26422
education program as defined in section 3323.01 of the Revised	26423
Code, and the portion of the district's overall administrative and	26424
overhead costs that are attributable to the district's special	26425
education student population.	26426

The department shall require joint vocational school	26427
districts to report data annually to allow for monitoring	26428
compliance with division (D)(3) of this section. The department	26429
shall annually report to the governor and the general assembly the	26430
amount of money spent by each joint vocational school district for	26431
special education and related services.	26432

(E)(2)(1) If a joint vocational school district's costs for a	26433
fiscal year for a student in its categories onetwo through six	26434
special education ADM exceed the threshold catastrophic cost for	26435
serving the student, as specified in division (C)(3)(b) of section	26436
3317.022 of the Revised Code, the district may submit to the	26437
superintendent of public instruction documentation, as prescribed	26438
by the superintendent, of all of its costs for that student. Upon	26439
submission of documentation for a student of the type and in the	26440
manner prescribed, the department shall pay to the district an	26441
amount equal to the sum of the following:	26442

(a) One-half of the district's costs for the student in	26443
excess of the threshold catastrophic cost;	26444

(b) The product of one-half of the district's costs for the	26445
student in excess of the threshold catastrophic cost multiplied by	26446
the district's state share percentage.	26447

(2) The district shall only report under division (E)(1) of	26448
this section, and the department shall only pay for, the costs of	26449
educational expenses and the related services provided to the	26450
student in accordance with the student's individualized education	26451
program. Any legal fees, court costs, or other costs associated	26452
with any cause of action relating to the student may not be	26453
included in the amount.	26454

(F) Each fiscal year, the department shall pay each joint	26455
vocational school district an amount for adult technical and	26456
vocational education and specialized consultants.	26457

(G)(1) A joint vocational school district's local share of	26458
special education and related services additional weighted costs	26459
equals:	26460

(1 - state share percentage) X	26461

Total special education weight X

26462

the formula amount

26463

(2) For each handicapped student receiving special education	26464
and related services under an individualized education program, as	26465
defined in section 3323.01 of the Revised Code, at a joint	26466
vocational district, the resident district or, if the student is	26467
enrolled in a community school, the community school shall be	26468
responsible for the amount of any costs of providing those special	26469
education and related services to that student that exceed the sum	26470
of the amount calculated for those services attributable to that	26471
student under divisions (B), (D), (E), and (G)(1) of this section.	26472

Those excess costs shall be calculated by subtracting the sum	26473
of the following from the actual cost to provide special education	26474
and related services to the student:	26475

(a) The product of the formula amount times the	26476
cost-of-doing-business factor;	26477

(b) The product of the formula amount times the applicable	26478
multiple specified in section 3317.013 of the Revised Code;	26479

(c) Any funds paid under division (E) of this section for the	26480
student;	26481

(d) Any other funds received by the joint vocational school	26482
district under this chapter to provide special education and	26483
related services to the student, not including the amount	26484
calculated under division (G)(2) of this section.	26485

(3) The board of education of the joint vocational school	26486
district shall report the excess costs calculated under division	26487
(G)(2) of this section to the department of education.	26488

(4) The department shall pay the amount of excess cost	26489
calculated under division (G)(2) of this section to the joint	26490
vocational school district and shall deduct that amount as	26491
provided in division (G)(4)(a) or (b) of this section, as	26492
applicable:	26493

(a) If the student is not enrolled in a community school, the	26494
department shall deduct the amount from the account of the	26495
student's resident district pursuant to division (M) of section	26496
3317.023 of the Revised Code.	26497

(b) If the student is enrolled in a community school, the	26498
department shall deduct the amount from the account of the	26499
community school pursuant to section 3314.083 of the Revised Code.	26500

(H) In any fiscal year, if the total of all payments made to	26501
a joint vocational school district under divisions (B) to (D) of	26502
this section and division (R) of section 3317.024 of the Revised	26503
Code is less than the amount that district received in fiscal year	26504
1999 under the version of this section in effect that year, plus	26505
the amount that district received under the version of section	26506
3317.162 of the Revised Code in effect that year and minus the	26507
amounts received that year for driver education and adult	26508
education, the department shall pay the district an additional	26509
amount equal to the difference between those two amounts.	26510

Sec. 3318.01.  As used in sections 3318.01 to 3318.20 of the	26511
Revised Code:	26512

(A) "Ohio school facilities commission" means the commission	26513
created pursuant to section 3318.30 of the Revised Code.	26514

(B) "Classroom facilities" means rooms in which pupils	26515
regularly assemble in public school buildings to receive	26516
instruction and education and such facilities and building	26517
improvements for the operation and use of such rooms as may be	26518
needed in order to provide a complete educational program, and may	26519
include space within which a child day-care facility or a	26520
community resource center is housed. "Classroom facilities"	26521
includes any space necessary for the operation of a vocational	26522
education program for secondary students in any school district	26523
that operates such a program.	26524

(C) "Project" means a project to construct or acquire	26525
classroom facilities, or to reconstruct or make additions to	26526
existing classroom facilities, to be used for housing the	26527
applicable school district and its functions.	26528

(D) "School district" means a local, exempted village, or	26529
city school district as such districts are defined in Chapter	26530
3311. of the Revised Code, acting as an agency of state	26531
government, performing essential governmental functions of state	26532
government pursuant to sections 3318.01 and 3318.20 of the Revised	26533
Code.	26534

For purposes of assistance provided under sections 3318.40 to	26535
3318.45 of the Revised Code, the term "school district" as used in	26536
this section and in divisions (A), (C), and (D) of section 3318.03	26537
and in sections 3318.031, 3318.033, 3318.042, 3318.07, 3318.08,	26538
3318.083, 3318.084, 3318.085, 3318.086, 3318.10, 3318.11, 3318.12,	26539
3318.13, 3318.14, 3318.15, 3318.16, 3318.19, and 3318.20 of the	26540
Revised Code means a joint vocational school district established	26541
pursuant to section 3311.18 of the Revised Code.	26542

(E) "School district board" means the board of education of a	26543
school district.	26544

(F) "Net bonded indebtedness" means the difference between	26545
the sum of the par value of all outstanding and unpaid bonds and	26546
notes which a school district board is obligated to pay, any	26547
amounts the school district is obligated to pay under	26548
lease-purchase agreements entered into under section 3313.375 of	26549
the Revised Code, and the par value of bonds authorized by the	26550
electors but not yet issued, the proceeds of which can lawfully be	26551
used for the project, and the amount held in the sinking fund and	26552
other indebtedness retirement funds for their redemption. Notes	26553
issued for school buses in accordance with section 3327.08 of the	26554
Revised Code, notes issued in anticipation of the collection of	26555
current revenues, and bonds issued to pay final judgments shall	26556
not be considered in calculating the net bonded indebtedness.	26557

"Net bonded indebtedness" does not include indebtedness	26558
arising from the acquisition of land to provide a site for	26559
classroom facilities constructed, acquired, or added to pursuant	26560
to sections 3318.01 to 3318.20 of the Revised Code.	26561

(G) "Board of elections" means the board of elections of the	26562
county containing the most populous portion of the school	26563
district.	26564

(H) "County auditor" means the auditor of the county in which	26565
the greatest value of taxable property of such school district is	26566
located.	26567

(I) "Tax duplicates" means the general tax lists and	26568
duplicates prescribed by sections 319.28 and 319.29 of the Revised	26569
Code.	26570

(J) "Required level of indebtedness" means:

26571

(1) In the case of districts in the first percentile, five	26572
per cent of the district's valuation for the year preceding the	26573
year in which the controlling board approved the project under	26574
section 3318.04 of the Revised Code.	26575

(2) In the case of districts ranked in a subsequent	26576
percentile, five per cent of the district's valuation for the year	26577
preceding the year in which the controlling board approved the	26578
project under section 3318.04 of the Revised Code, plus [two	26579
one-hundredths of one per cent multiplied by (the percentile in	26580
which the district ranks for the fiscal year preceding the fiscal	26581
year in which the controlling board approved the district's	26582
project minus one)].	26583

(K) "Required percentage of the basic project costs" means	26584
one per cent of the basic project costs times the percentile in	26585
which the district ranks for the fiscal year preceding the fiscal	26586
year in which the controlling board approved the district's	26587
project.	26588

(L) "Basic project cost" means a cost amount determined in	26589
accordance with rules adopted under section 111.15 of the Revised	26590
Code by the Ohio school facilities commission. The basic project	26591
cost calculation shall take into consideration the square footage	26592
and cost per square foot necessary for the grade levels to be	26593
housed in the classroom facilities, the variation across the state	26594
in construction and related costs, the cost of the installation of	26595
site utilities and site preparation, the cost of demolition of all	26596
or part of any existing classroom facilities that are abandoned	26597
under the project, the cost of insuring the project until it is	26598
completed, any contingency reserve amount prescribed by the	26599
commission under section 3318.086 of the Revised Code, and the	26600
professional planning, administration, and design fees that a	26601
district may have to pay to undertake a classroom facilities	26602
project.	26603

For a joint vocational school district that receives	26604
assistance under sections 3318.40 to 3318.45 of the Revised Code,	26605
the basic project cost calculation for a project under those	26606
sections shall also take into account the types of laboratory	26607
spaces and program square footages needed for the vocational	26608
education programs for high school students offered by the school	26609
district.	26610

"Basic project cost" also includes the value of classroom	26611
facilities authorized in a pre-existing bond issue as described in	26612
section 3318.033 of the Revised Code.	26613

(M)(1) Except for a joint vocational school district that	26614
receives assistance under sections 3318.40 to 3318.45 of the	26615
Revised Code, a "school district's portion of the basic project	26616
cost" means the amount determined under section 3318.032 of the	26617
Revised Code.	26618

(2) For a joint vocational school district that receives	26619
assistance under sections 3318.40 to 3318.45 of the Revised Code,	26620
a "school district's portion of the basic project cost" means the	26621
amount determined under division (C) of section 3318.42 of the	26622
Revised Code.	26623

(N) "Child day-care facility" means space within a classroom	26624
facility in which the needs of infants, toddlers, preschool	26625
children, and school children are provided for by persons other	26626
than the parent or guardian of such children for any part of the	26627
day, including persons not employed by the school district	26628
operating such classroom facility.	26629

(O) "Community resource center" means space within a	26630
classroom facility in which comprehensive services that support	26631
the needs of families and children are provided by community-based	26632
social service providers.	26633

(P) "Valuation" means the total value of all property in the	26634
district as listed and assessed for taxation on the tax	26635
duplicates.	26636

(Q) "Percentile" means the percentile in which the district	26637
is ranked pursuant to division (D) of section 3318.011 of the	26638
Revised Code.	26639

(R) "Installation of site utilities" means the installation	26640
of a site domestic water system, site fire protection system, site	26641
gas distribution system, site sanitary system, site storm drainage	26642
system, and site telephone and data system.	26643

(S) "Site preparation" means the earthwork necessary for	26644
preparation of the building foundation system, the paved	26645
pedestrian and vehicular circulation system, playgrounds on the	26646
project site, and lawn and planting on the project site.	26647

Sec. 3318.024.  In the first year of a capital biennium, any	26648
funds appropriated to the Ohio school facilities commission for	26649
classroom facilities projects under this chapter in the previous	26650
capital biennium that were not spent or encumbered, or for which	26651
an encumbrance has been canceled under section 3318.05 of the	26652
Revised Code, shall be used by the commission only for projects	26653
under sections 3318.01 to 3318.20 of the Revised Code, subject to	26654
appropriation by the general assembly.	26655

In the second year of a capital biennium, any funds	26656
appropriated to the Ohio school facilities commission for	26657
classroom facilities projects under this chapter that were not	26658
spent or encumbered in the first year of the biennium and which	26659
are in excess of an amount equal to half of the appropriations for	26660
the capital biennium, or for which an encumbrance has been	26661
canceled under section 3318.05 of the Revised Code, shall be used	26662
by the commission only for projects under sections 3318.01 to	26663
3318.20 of the Revised Code, subject to appropriation by the	26664
general assembly.	26665

Sec. 3318.03. (A) Before conducting an on-site evaluation of	26666
a school district under section 3318.02 of the Revised Code, at	26667
the request of the district board of education, the Ohio school	26668
facilities commission shall examine any classroom facilities needs	26669
assessment that has been conducted by the district and any master	26670
plan developed for meeting the facility needs of the district.	26671

(B) Upon conducting the on-site evaluation under section	26672
3318.02 of the Revised Code, the Ohio school facilities commission	26673
shall make a determination of all of the following:	26674

(1) The needs of the school district for additional classroom	26675
facilities;	26676

(2) The number of classroom facilities to be included in a	26677
project, including classroom facilities authorized by a bond issue	26678
described in section 3318.033 of the Revised Code, and the basic	26679
project cost of constructing, acquiring, reconstructing, or making	26680
additions to each such facility;	26681

(3) The amount of such cost that the school district can	26682
supply from available funds, by the issuance of bonds previously	26683
authorized by the electors of the school district the proceeds of	26684
which can lawfully be used for the project, including bonds	26685
authorized by the district's electors as described in section	26686
3318.033 of the Revised Code, and by the issuance of bonds under	26687
section 3318.05 of the Revised Code;	26688

(4) The remaining amount of such cost that shall be supplied	26689
by the state;	26690

(5) The amount of the state's portion to be encumbered in	26691
accordance with section 3318.11 of the Revised Code in the current	26692
and subsequent fiscal bienniums from funds appropriated for	26693
purposes of sections 3318.01 to 3318.20 of the Revised Code.	26694

(C) The commission shall make a determination in favor of	26695
constructing, acquiring, reconstructing, or making additions to a	26696
classroom facility only upon evidence that the proposed project	26697
conforms to sound educational practice, that it is in keeping with	26698
the orderly process of school district reorganization and	26699
consolidation, and that the actual or projected enrollment in each	26700
classroom facility proposed to be included in the project is at	26701
least three hundred fifty pupils. Exceptions shall be authorized	26702
only in those districts where topography, sparsity of population,	26703
and other factors make larger schools impracticable.	26704

If the school district board determines that an existing	26705
facility has historical value or for other good cause determines	26706
that an existing facility should be renovated in lieu of acquiring	26707
a comparable facility by new construction, the commission may	26708
approve the expenditure of project funds for the renovation of	26709
that facility up to but not exceeding one hundred per cent of the	26710
estimated cost of acquiring a comparable facility by new	26711
construction, as long as the commission determines that the	26712
facility when renovated can be operationally efficient, will be	26713
adequate for the future needs of the district, and will comply	26714
with the other provisions of this division.	26715

(D) Sections 125.81 and 153.04 of the Revised Code shall not	26716
apply to classroom facilities constructed under either sections	26717
3318.01 to 3318.20 or sections 3318.40 to 3318.45 of the Revised	26718
Code.	26719

Sec. 3318.042. (A) The board of education of any school	26720
district that is receiving assistance under sections 3318.01 to	26721
3318.20 of the Revised Code after May 20, 1997, or under sections	26722
3318.40 to 3318.45 of the Revised Code, and whose project is still	26723
under construction, may request that the Ohio school facilities	26724
commission examine whether the circumstances prescribed in either	26725
division (B)(1) or (2) of this section exist in the school	26726
district. If the commission so finds, the commission shall review	26727
the school district's original assessment and approved project and	26728
consider providing additional assistance to the school district to	26729
correct the prescribed conditions found to exist in the district.	26730
Additional assistance under this section shall be limited to	26731
additions to one or more buildings, remodeling of one or more	26732
buildings, or changes to the infrastructure of one or more	26733
buildings.	26734

(B) Consideration of additional assistance to a school	26735
district under this section is warranted in either of the	26736
following circumstances:	26737

(1) Additional work is needed to correct an oversight or	26738
deficiency not identified or included in the district's initial	26739
assessment.	26740

(2) Other conditions exist that, in the opinion of the	26741
commission, warrant additions or remodeling of the project	26742
facilities or changes to infrastructure associated with the	26743
district's project that were not identified in the initial	26744
assessment and plan.	26745

(C) If the commission decides in favor of providing	26746
additional assistance to any school district under this section,	26747
the school district shall be responsible for paying for its	26748
portion of the cost of the additions, remodeling, or	26749
infrastructure changes pursuant to section 3318.083 of the Revised	26750
Code. If, after making a financial evaluation of the school	26751
district, the commission determines that the school district is	26752
unable without undue hardship, according to the guidelines adopted	26753
by the commission, to fund the school district portion of the	26754
increase, then the state and the school district shall enter into	26755
an agreement whereby the state shall pay the portion of the cost	26756
increase attributable to the school district which is determined	26757
to be in excess of any local resources available to the district	26758
and the district shall thereafter reimburse the state. The	26759
commission shall establish the district's schedule for reimbursing	26760
the state, which shall not extend beyond fiveten years. The	26761
commission may lengthen the reimbursement schedule of a school	26762
district that has entered into an agreement under this section	26763
prior to the effective date of this amendment as long as the total	26764
term of that schedule does not extend beyond ten years. Debt	26765
incurred under this section shall not be included in the	26766
calculation of the net indebtedness of the school district under	26767
section 133.06 of the Revised Code.	26768

Sec. 3318.05.  The conditional approval of the Ohio school	26769
facilities commission for a project shall lapse and the amount	26770
reserved and encumbered for such project shall be released unless	26771
the school district board accepts such conditional approval within	26772
one hundred twenty days following the date of certification of the	26773
conditional approval to the school district board and the electors	26774
of the school district vote favorably on both of the propositions	26775
described in divisions (A) and (B) of this section within one year	26776
of the date of such certification, except that a school district	26777
described in division (C) of this section does not need to submit	26778
the proposition described in division (B) of this section. The	26779
propositions described in divisions (A) and (B) of this section	26780
shall be combined in a single proposal. If the district board or	26781
the district's electors fail to meet such requirements and the	26782
amount reserved and encumbered for the district's project is	26783
released, the district shall be given first priority for project	26784
funding as such funds become available.	26785

(A) On the question of issuing bonds of the school district	26786
board, for the school district's portion of the basic project	26787
cost, in an amount equal to the school district's portion of the	26788
basic project cost less any deduction made under section 3318.033	26789
of the Revised Code and less the amount of the proceeds of any	26790
securities authorized or to be authorized under division (J) of	26791
section 133.06 of the Revised Code and dedicated by the school	26792
district board to payment of the district's portion of the basic	26793
project cost; and	26794

(B) On the question of levying a tax the proceeds of which	26795
shall be used to pay the cost of maintaining the classroom	26796
facilities included in the project. Such tax shall be at the rate	26797
of not less than one-half mill for each dollar of valuation for a	26798
period of twenty-three years, subject to any extension approved	26799
under section 3318.061 of the Revised Code.	26800

(C) If a school district has in place a tax levied under	26801
section 5705.21 of the Revised Code for general ongoing permanent	26802
improvements of at least two mills for each dollar of valuation	26803
and the proceeds of such tax can be used for maintenance, the	26804
school district need not levy the additional tax required under	26805
division (B) of this section, provided the school district board	26806
includes in the agreement entered into under section 3318.08 of	26807
the Revised Code provisions earmarking an amount from the proceeds	26808
of that permanent improvement tax for maintenance of classroom	26809
facilities equivalent to the amount of the additional tax and for	26810
the equivalent number of years otherwise required under this	26811
section.	26812

(D) Proceeds of the tax to be used for maintenance of the	26813
classroom facilities under either division (B) or (C) of this	26814
section shall be deposited into a separate fund established by the	26815
school district for such purpose.	26816

Sec. 3318.052. At any time after the electors of a school	26817
district have approved either or both a property tax levied under	26818
section 5705.21 or 5705.218 of the Revised Code for the purpose of	26819
general ongoing permanent improvements or a school district income	26820
tax levied under Chapter 5748. of the Revised Code, the proceeds	26821
of which, pursuant to the ballot measures approved by the	26822
electors, are not so restricted that they cannot be used to pay	26823
the costs of a project or maintaining classroom facilities, the	26824
school district board may:	26825

(A) Within one year following the date of the certification	26826
of the conditional approval of the school district's classroom	26827
facilities project by the Ohio school facilities commission, enter	26828
into a written agreement with the commission, which may be part of	26829
an agreement entered into under section 3318.08 of the Revised	26830
Code, and in which the school district board covenants and agrees	26831
to do one or both of the following:	26832

(1) Apply a specified amount of available proceeds of that	26833
property tax levy, of that school district income tax, or of	26834
securities issued under this section, or of proceeds from any two	26835
or more of those sources, to pay all or part of the district's	26836
portion of the basic project cost of its classroom facilities	26837
project;	26838

(2) Apply available proceeds of either or both a property tax	26839
levied under section 5705.21 or 5705.218 of the Revised Code in	26840
effect for a continuing period of time, or of a school district	26841
income tax levied under Chapter 5748. of the Revised Code in	26842
effect for a continuing period of time to the payment of costs of	26843
maintaining the classroom facilities.	26844

(B) Receive, as a credit against the amount of bonds required	26845
under sections 3318.05 and 3318.06 of the Revised Code, to be	26846
approved by the electors of the district and issued by the	26847
district board for the district's portion of the basic project	26848
cost of its classroom facilities project in order for the district	26849
to receive state assistance for the project, an amount equal to	26850
the specified amount that the district board covenants and agrees	26851
with the commission to apply as set forth in division (A)(1) of	26852
this section;	26853

(C) Receive, as a credit against the amount of the tax levy	26854
required under sections 3318.05 and 3318.06 of the Revised Code,	26855
to be approved by the electors of the district to pay the costs of	26856
maintaining the classroom facilities in order to receive state	26857
assistance for the classroom facilities project, an amount	26858
equivalent to the specified amount of proceeds the school district	26859
board covenants and agrees with the commission to apply as	26860
referred to in division (A)(2) of this section;	26861

(D) Apply proceeds of either or both a school district income	26862
tax levied under Chapter 5748. of the Revised Code that may	26863
lawfully be used to pay the costs of a classroom facilities	26864
project or of a tax levied under section 5705.21 or 5705.218 of	26865
the Revised Code to the payment of debt charges on and financing	26866
costs related to securities issued under this section;	26867

(E) Issue securities to provide moneys to pay all or part of	26868
the district's portion of the basic project cost of its classroom	26869
facilities project in accordance with an agreement entered into	26870
under division (A) of this section. Securities issued under this	26871
section shall be Chapter 133. securities and may be issued as	26872
general obligation securities or issued in anticipation of a	26873
school district income tax or as property tax anticipation notes	26874
under section 133.24 of the Revised Code. The district board's	26875
resolution authorizing the issuance and sale of general obligation	26876
securities under this section shall conform to the applicable	26877
requirements of section 133.22 or 133.23 of the Revised Code.	26878
Securities issued under this section shall have principal payments	26879
during each year after the year of issuance over a period of not	26880
more than twenty-three years and, if so determined by the district	26881
board, during the year of issuance. Securities issued under this	26882
section shall not be included in the calculation of net	26883
indebtedness of the district under section 133.06 of the Revised	26884
Code, if the resolution of the district board authorizing their	26885
issuance and sale includes covenants to appropriate annually from	26886
lawfully available proceeds of a property tax levied under section	26887
5705.21 or 5705.218 of the Revised Code and no school district	26888
income tax levied under Chapter 5748. of the Revised Code and to	26889
continue to levy and collect the tax in amounts necessary to pay	26890
the debt charges on and financing costs related to the securities	26891
as they become due. No property tax levied under section 5705.21	26892
or 5705.218 of the Revised Code or of a school district income tax	26893
levied under Chapter 5748. of the Revised Code that is pledged, or	26894
that the school district board has covenanted to levy, collect,	26895
and appropriate annually, to pay the debt charges on and financing	26896
costs related to securities issued under this section shall be	26897
repealed while those securities are outstanding. If such a tax is	26898
reduced by the electors of the district or by the district board	26899
while those securities are outstanding, the school district board	26900
shall continue to levy and collect the tax under the authority of	26901
the original election authorizing the tax at a rate in each year	26902
that the board reasonably estimates will produce an amount in that	26903
year equal to the debt charges on the securities in that year.	26904

No state moneys shall be released for a project to which this	26905
section applies until the proceeds of the tax securities issued	26906
under this section that are dedicated for the payment of the	26907
district portion of the basic project cost of its classroom	26908
facilities project are first deposited into the district's project	26909
construction fund.	26910

Sec. 3318.06. (A) After receipt of the conditional approval	26911
of the Ohio school facilities commission, the school district	26912
board by a majority of all of its members shall, if it desires to	26913
proceed with the project, declare all of the following by	26914
resolution:	26915

(1) That by issuing bonds in an amount equal to the school	26916
district's portion of the basic project cost, including bonds	26917
previously authorized by the district's electors as described in	26918
section 3318.033 of the Revised Code, the district is unable to	26919
provide adequate classroom facilities without assistance from the	26920
state;	26921

(2) Unless the school district board has resolved to apply	26922
the proceeds of a property tax or the proceeds of an income tax,	26923
or a combination of proceeds from such taxes, as authorized under	26924
section 3318.052 of the Revised Code, that to qualify for such	26925
state assistance it is necessary to do either of the following:	26926

(a) Levy a tax outside the ten-mill limitation the proceeds	26927
of which shall be used to pay the cost of maintaining the	26928
classroom facilities included in the project;	26929

(b) Earmark for maintenance of classroom facilities from the	26930
proceeds of an existing permanent improvement tax levied under	26931
section 5705.21 of the Revised Code, if such tax is of at least	26932
two mills for each dollar of valuation and can be used for	26933
maintenance, an amount equivalent to the amount of the additional	26934
tax otherwise required under this section and sections 3318.05 and	26935
3318.08 of the Revised Code.	26936

(3) That the question of any tax levy specified in a	26937
resolution described in division (A)(2)(a) of this section, if	26938
required, shall be submitted to the electors of the school	26939
district at the next general or primary election, if there be a	26940
general or primary election not less than seventy-five and not	26941
more than ninety-five days after the day of the adoption of such	26942
resolution or, if not, at a special election to be held at a time	26943
specified in the resolution which shall be not less than	26944
seventy-five days after the day of the adoption of the resolution	26945
and which shall be in accordance with the requirements of section	26946
3501.01 of the Revised Code.	26947

Such resolution shall also state that the question of issuing	26948
bonds of the board shall be combined in a single proposal with the	26949
question of such tax levy. More than one election under this	26950
section may be held in any one calendar year. Such resolution	26951
shall specify both of the following:	26952

(a) That the rate which it is necessary to levy shall be at	26953
the rate of not less than one-half mill for each one dollar of	26954
valuation, and that such tax shall be levied for a period of	26955
twenty-three years;	26956

(b) That the proceeds of the tax shall be used to pay the	26957
cost of maintaining the classroom facilities included in the	26958
project.	26959

(B) A copy of a resolution adopted under division (A) of this	26960
section shall after its passage and not less than seventy-five	26961
days prior to the date set therein for the election be certified	26962
to the county board of elections.	26963

The resolution of the school district board, in addition to	26964
meeting other applicable requirements of section 133.18 of the	26965
Revised Code, shall state that the amount of bonds to be issued	26966
will be an amount equal to the school district's portion of the	26967
basic project cost, and state the maximum maturity of the bonds	26968
which may be any number of years not exceeding the term calculated	26969
under section 133.20 of the Revised Code as determined by the	26970
board. In estimating the amount of bonds to be issued, the board	26971
shall take into consideration the amount of moneys then in the	26972
bond retirement fund and the amount of moneys to be collected for	26973
and disbursed from the bond retirement fund during the remainder	26974
of the year in which the resolution of necessity is adopted.	26975

If the bonds are to be issued in more than one series, the	26976
resolution may state, in addition to the information required to	26977
be stated under division (B)(3) of section 133.18 of the Revised	26978
Code, the number of series, which shall not exceed five, the	26979
principal amount of each series, and the approximate date each	26980
series will be issued, and may provide that no series, or any	26981
portion thereof, may be issued before such date. Upon such a	26982
resolution being certified to the county auditor as required by	26983
division (C) of section 133.18 of the Revised Code, the county	26984
auditor, in calculating, advising, and confirming the estimated	26985
average annual property tax levy under that division, shall also	26986
calculate, advise, and confirm by certification the estimated	26987
average property tax levy for each series of bonds to be issued.	26988

Notice of the election shall include the fact that the tax	26989
levy shall be at the rate of not less than one-half mill for each	26990
one dollar of valuation for a period of twenty-three years, and	26991
that the proceeds of the tax shall be used to pay the cost of	26992
maintaining the classroom facilities included in the project.	26993

If the bonds are to be issued in more than one series, the	26994
board of education, when filing copies of the resolution with the	26995
board of elections as required by division (D) of section 133.18	26996
of the Revised Code, may direct the board of elections to include	26997
in the notice of election the principal amount and approximate	26998
date of each series, the maximum number of years over which the	26999
principal of each series may be paid, the estimated additional	27000
average property tax levy for each series, and the first calendar	27001
year in which the tax is expected to be due for each series, in	27002
addition to the information required to be stated in the notice	27003
under division (E)(3)(a) to (e) of section 133.18 of the Revised	27004
Code.	27005

(C)(1) Except as otherwise provided in division (C)(2) of	27006
this section, the form of the ballot to be used at such election	27007
shall be:	27008

"A majority affirmative vote is necessary for passage.

27009

Shall bonds be issued by the ............ (here insert name	27010
of school district) school district to pay the local share of	27011
school construction under the State of Ohio Classroom Facilities	27012
Assistance Program in the principal amount of ............ (here	27013
insert principal amount of the bond issue), to be repaid annually	27014
over a maximum period of ............ (here insert the maximum	27015
number of years over which the principal of the bonds may be paid)	27016
years, and an annual levy of property taxes be made outside the	27017
ten-mill limitation, estimated by the county auditor to average	27018
over the repayment period of the bond issue ............ (here	27019
insert the number of mills estimated) mills for each one dollar of	27020
tax valuation, which amounts to ............ (rate expressed in	27021
cents or dollars and cents, such as "thirty-six cents" or "$0.36")	27022
for each one hundred dollars of tax valuation to pay the annual	27023
debt charges on the bonds and to pay debt charges on any notes	27024
issued in anticipation of the bonds?"	27025

and, unless the additional levy

27026

of taxes is not required pursuant

27027

to division (C) of section

27028

3318.05 of the Revised Code,

27029

"Shall an additional levy of taxes be made for a period of	27030
twenty-three years to benefit the ............ (here insert name	27031
of school district) school district, the proceeds of which shall	27032
be used to pay the cost of maintaining the classroom facilities	27033
included in the project at the rate of .......... (here insert the	27034
number of mills, which shall not be less than one-half mill) mills	27035
for each one dollar of valuation?	27036

27037

27040

(2) If authority is sought to issue bonds in more than one	27041
series and the board of education so elects, the form of the	27042
ballot shall be as prescribed in section 3318.062 of the Revised	27043
Code. If the board of education elects the form of the ballot	27044
prescribed in that section, it shall so state in the resolution	27045
adopted under this section.	27046

(D) If it is necessary for the school district to acquire a	27047
site for the classroom facilities to be acquired pursuant to	27048
sections 3318.01 to 3318.20 of the Revised Code, the district	27049
board may propose either to issue bonds of the board or to levy a	27050
tax to pay for the acquisition of such site, and may combine the	27051
question of doing so with the questions specified in division (B)	27052
of this section. Bonds issued under this division for the purpose	27053
of acquiring a site are a general obligation of the school	27054
district and are Chapter 133. securities.	27055

The form of that portion of the ballot to include the	27056
question of either issuing bonds or levying a tax for site	27057
acquisition purposes shall be one of the following:	27058

(1) "Shall bonds be issued by the ............ (here insert	27059
name of the school district) school district to pay costs of	27060
acquiring a site for classroom facilities under the State of Ohio	27061
Classroom Facilities Assistance Program in the principal amount of	27062
.......... (here insert principal amount of the bond issue), to be	27063
repaid annually over a maximum period of .......... (here insert	27064
maximum number of years over which the principal of the bonds may	27065
be paid) years, and an annual levy of property taxes be made	27066
outside the ten-mill limitation, estimated by the county auditor	27067
to average over the repayment period of the bond issue ..........	27068
(here insert number of mills) mills for each one dollar of tax	27069
valuation, which amount to .......... (here insert rate expressed	27070
in cents or dollars and cents, such as "thirty-six cents" or	27071
"$0.36") for each one hundred dollars of valuation to pay the	27072
annual debt charges on the bonds and to pay debt charges on any	27073
notes issued in anticipation of the bonds?"	27074

(2) "Shall an additional levy of taxes outside the ten-mill	27075
limitation be made for the benefit of the .......... (here insert	27076
name of the school district) .......... school district for the	27077
purpose of acquiring a site for classroom facilities in the sum of	27078
......... (here insert annual amount the levy is to produce)	27079
estimated by the county auditor to average ........ (here insert	27080
number of mills) mills for each one hundred dollars of valuation,	27081
for a period of ......... (here insert number of years the millage	27082
is to be imposed) years?"	27083

Where it is necessary to combine the question of issuing	27084
bonds of the school district and levying a tax as described in	27085
division (B) of this section with the question of issuing bonds of	27086
the school district for acquisition of a site, the question	27087
specified in that division to be voted on shall be "For the Bond	27088
Issues and the Tax Levy" and "Against the Bond Issues and the Tax	27089
Levy."	27090

Where it is necessary to combine the question of issuing	27091
bonds of the school district and levying a tax as described in	27092
division (B) of this section with the question of levying a tax	27093
for the acquisition of a site, the question specified in that	27094
division to be voted on shall be "For the Bond Issue and the Tax	27095
Levies" and "Against the Bond Issue and the Tax Levies."	27096

Where the school district board chooses to combine the	27097
question in division (B) of this section with any of the	27098
additional questions described in divisions (A) to (D) of section	27099
3318.056 of the Revised Code, the question specified in division	27100
(B) of this section to be voted on shall be "For the Bond Issues	27101
and the Tax Levies" and "Against the Bond Issues and the Tax	27102
Levies."	27103

If a majority of those voting upon a proposition hereunder	27104
which includes the question of issuing bonds vote in favor	27105
thereof, and if the agreement provided for by section 3318.08 of	27106
the Revised Code has been entered into, the school district board	27107
may proceed under Chapter 133. of the Revised Code, with the	27108
issuance of bonds or bond anticipation notes in accordance with	27109
the terms of the agreement.	27110

Sec. 3318.08.  Except in the case of a joint vocational	27111
school district that receives assistance under sections 3318.40 to	27112
3318.45 of the Revised Code, if the requisite favorable vote on	27113
the election is obtained, or if the school district board has	27114
resolved to apply the proceeds of a property tax levy or the	27115
proceeds of an income tax, or a combination of proceeds from such	27116
taxes, as authorized in section 3318.052 of the Revised Code, the	27117
Ohio school facilities commission, upon certification to it of	27118
either the results of the election or the resolution under section	27119
3318.052 of the Revised Code, shall enter into a written agreement	27120
with the school district board for the construction and sale of	27121
the project. In the case of a joint vocational school district	27122
that receives assistance under sections 3318.40 to 3318.45 of the	27123
Revised Code, if the school district board of education and the	27124
school district electors have satisfied the conditions prescribed	27125
in division (D)(1) of section 3318.41 of the Revised Code, the	27126
commission shall enter into an agreement with the school district	27127
board for the construction and sale of the project. In either	27128
case, the agreement shall include, but need not be limited to, the	27129
following provisions:	27130

(A) The sale and issuance of bonds or notes in anticipation	27131
thereof, as soon as practicable after the execution of the	27132
agreement, in an amount equal to the school district's portion of	27133
the basic project cost, including any bonds previously authorized	27134
by the district's electors as described in section 3318.033 of the	27135
Revised Code and any securities authorized under division (J) of	27136
section 133.06 of the Revised Code and dedicated by the school	27137
district board to payment of the district's portion of the basic	27138
project cost of the project; provided, that if at that time the	27139
county treasurer of each county in which the school district is	27140
located has not commenced the collection of taxes on the general	27141
duplicate of real and public utility property for the year in	27142
which the controlling board approved the project, the school	27143
district board shall authorize the issuance of a first installment	27144
of bond anticipation notes in an amount specified by the	27145
agreement, which amount shall not exceed an amount necessary to	27146
raise the net bonded indebtedness of the school district as of the	27147
date of the controlling board's approval to within five thousand	27148
dollars of the required level of indebtedness for the preceding	27149
year. In the event that a first installment of bond anticipation	27150
notes is issued, the school district board shall, as soon as	27151
practicable after the county treasurer of each county in which the	27152
school district is located has commenced the collection of taxes	27153
on the general duplicate of real and public utility property for	27154
the year in which the controlling board approved the project,	27155
authorize the issuance of a second and final installment of bond	27156
anticipation notes or a first and final issue of bonds.	27157

The combined value of the first and second installment of	27158
bond anticipation notes or the value of the first and final issue	27159
of bonds shall be equal to the school district's portion of the	27160
basic project cost. The proceeds of any such bonds shall be used	27161
first to retire any bond anticipation notes. Otherwise, the	27162
proceeds of such bonds and of any bond anticipation notes, except	27163
the premium and accrued interest thereon, shall be deposited in	27164
the school district's project construction fund. In determining	27165
the amount of net bonded indebtedness for the purpose of fixing	27166
the amount of an issue of either bonds or bond anticipation notes,	27167
gross indebtedness shall be reduced by moneys in the bond	27168
retirement fund only to the extent of the moneys therein on the	27169
first day of the year preceding the year in which the controlling	27170
board approved the project. Should there be a decrease in the tax	27171
valuation of the school district so that the amount of	27172
indebtedness that can be incurred on the tax duplicates for the	27173
year in which the controlling board approved the project is less	27174
than the amount of the first installment of bond anticipation	27175
notes, there shall be paid from the school district's project	27176
construction fund to the school district's bond retirement fund to	27177
be applied against such notes an amount sufficient to cause the	27178
net bonded indebtedness of the school district, as of the first	27179
day of the year following the year in which the controlling board	27180
approved the project, to be within five thousand dollars of the	27181
required level of indebtedness for the year in which the	27182
controlling board approved the project. The maximum amount of	27183
indebtedness to be incurred by any school district board as its	27184
share of the cost of the project is either an amount that will	27185
cause its net bonded indebtedness, as of the first day of the year	27186
following the year in which the controlling board approved the	27187
project, to be within five thousand dollars of the required level	27188
of indebtedness, or an amount equal to the required percentage of	27189
the basic project costs, whichever is greater. All bonds and bond	27190
anticipation notes shall be issued in accordance with Chapter 133.	27191
of the Revised Code, and notes may be renewed as provided in	27192
section 133.22 of the Revised Code.	27193

(B) The transfer of such funds of the school district board	27194
available for the project, together with the proceeds of the sale	27195
of the bonds or notes, except premium, accrued interest, and	27196
interest included in the amount of the issue, to the school	27197
district's project construction fund;	27198

(C) For all school districts except joint vocational school	27199
districts that receive assistance under sections 3318.40 to	27200
3318.45 of the Revised Code, the following provisions as	27201
applicable:	27202

(1) If section 3318.052 of the Revised Code applies, the	27203
earmarking of the proceeds of a tax levied under section 5705.21	27204
of the Revised Code for general ongoing permanent or under section	27205
5705.218 of the Revised Code for the purpose of permanent	27206
improvements, or the proceeds of a school district income tax	27207
levied under Chapter 5748. of the Revised Code, or the proceeds	27208
from a combination of those two taxes, in an amount to pay all or	27209
part of the service charges on bonds issued to pay the school	27210
district portion of the project and an amount equivalent to all or	27211
part of the tax required under division (B) of section 3318.05 of	27212
the Revised Code;	27213

(2) If section 3318.052 of the Revised Code does not apply,	27214
either of the following:	27215

(a) The levy of the tax authorized at the election for the	27216
payment of maintenance costs, as specified in division (B) of	27217
section 3318.05 of the Revised Code;	27218

(b) If the school district electors have approved a	27219
continuing tax of at least two mills for each dollar of valuation	27220
for general ongoing permanent improvements under section 5705.21	27221
of the Revised Code and that tax can be used for maintenance, the	27222
earmarking of an amount of the proceeds from such tax for	27223
maintenance of classroom facilities as specified in division (B)	27224
of section 3318.05 of the Revised Code.	27225

(D) For joint vocational school districts that receive	27226
assistance under sections 3318.40 to 3318.45 of the Revised Code,	27227
provision for deposit of school district moneys dedicated to	27228
maintenance of the classroom facilities acquired under those	27229
sections as prescribed in section 3318.43 of the Revised Code;	27230

(E) Dedication of any local donated contribution as provided	27231
for under section 3318.084 of the Revised Code, including a	27232
schedule for depositing such moneys applied as an offset of the	27233
district's obligation to levy the tax described in division (B) of	27234
section 3318.05 of the Revised Code as required under division	27235
(D)(2) of section 3318.084 of the Revised Code;	27236

(F) Ownership of or interest in the project during the period	27237
of construction, which shall be divided between the commission and	27238
the school district board in proportion to their respective	27239
contributions to the school district's project construction fund;	27240

(G) Maintenance of the state's interest in the project until	27241
any obligations issued for the project under section 3318.26 of	27242
the Revised Code are no longer outstanding;	27243

(H) The insurance of the project by the school district from	27244
the time there is an insurable interest therein and so long as the	27245
state retains any ownership or interest in the project pursuant to	27246
division (F) of this section, in such amounts and against such	27247
risks as the commission shall require; provided, that the cost of	27248
any required insurance until the project is completed shall be a	27249
part of the basic project cost;	27250

(I) The certification by the director of budget and	27251
management that funds are available and have been set aside to	27252
meet the state's share of the basic project cost as approved by	27253
the controlling board pursuant to either section 3318.04 or	27254
division (B)(1) of section 3318.41 of the Revised Code;	27255

(J) Authorization of the school district board to advertise	27256
for and receive construction bids for the project, for and on	27257
behalf of the commission, and to award contracts in the name of	27258
the state subject to approval by the commission;	27259

(K) Provisions for the disbursement of moneys from the school	27260
district's project account upon issuance by the commission or the	27261
commission's designated representative of vouchers for work done	27262
to be certified to the commission by the treasurer of the school	27263
district board;	27264

(L) Disposal of any balance left in the school district's	27265
project construction fund upon completion of the project;	27266

(M) Limitations upon use of the project or any part of it so	27267
long as any obligations issued to finance the project under	27268
section 3318.26 of the Revised Code are outstanding;	27269

(N) Provision for vesting the state's interest in the project	27270
to the school district board when the obligations issued to	27271
finance the project under section 3318.26 of the Revised Code are	27272
outstanding;	27273

(O) Provision for deposit of an executed copy of the	27274
agreement in the office of the commission;	27275

(P) Provision for termination of the contract and release of	27276
the funds encumbered at the time of the conditional approval, if	27277
the proceeds of the sale of the bonds of the school district board	27278
are not paid into the school district's project construction fund	27279
and if bids for the construction of the project have not been	27280
taken within such period after the execution of the agreement as	27281
may be fixed by the commission;	27282

(Q) Provision for the school district to maintain the project	27283
in accordance with a plan approved by the commission;	27284

(R)(1) For all school districts except a district undertaking	27285
a project under section 3318.38 of the Revised Code or a joint	27286
vocational school district undertaking a project under sections	27287
3318.40 to 3318.45 of the Revised Code, provision that all state	27288
funds reserved and encumbered to pay the state share of the cost	27289
of the project pursuant to section 3318.03 of the Revised Code be	27290
spent on the construction or acquisition of the project prior to	27291
the expenditure of any funds provided by the school district to	27292
pay for its share of the project cost, unless the school district	27293
certifies to the commission that expenditure by the school	27294
district is necessary to maintain the tax-exempt status of notes	27295
or bonds issued by the school district to pay for its share of the	27296
project cost or to comply with applicable temporary investment	27297
periods or spending exceptions to rebate as provided for under	27298
federal law in regard to those notes or bonds, in which cases, the	27299
school district may commit to spend, or spend, a portion of the	27300
funds it provides;	27301

(2) For a school district undertaking a project under section	27302
3318.38 of the Revised Code or a joint vocational school district	27303
undertaking a project under sections 3318.40 to 3318.45 of the	27304
Revised Code, provision that the state funds reserved and	27305
encumbered and the funds provided by the school district to pay	27306
the basic project cost of any segment of the project, or of the	27307
entire project if it is not divided into segments, be spent on the	27308
construction and acquisition of the project simultaneously in	27309
proportion to the state's and the school district's respective	27310
shares of that basic project cost as determined under section	27311
3318.032 of the Revised Code or, if the district is a joint	27312
vocational school district, under section 3318.42 of the Revised	27313
Code.	27314

(S) A provision stipulating that the commission may prohibit	27315
the district from proceeding with any project if the commission	27316
determines that the site is not suitable for construction	27317
purposes. The commission may perform soil tests in its	27318
determination of whether a site is appropriate for construction	27319
purposes.	27320

(T) A provision stipulating that, unless otherwise authorized	27321
by the commission, any contingency reserve portion of the	27322
construction budget prescribed by the commission shall be used	27323
only to pay costs resulting from unforeseen job conditions, to	27324
comply with rulings regarding building and other codes, to pay	27325
costs related to design clarifications or corrections to contract	27326
documents, and to pay the costs of settlements or judgments	27327
related to the project as provided under section 3318.086 of the	27328
Revised Code;	27329

(U) Provision stipulating that for continued release of	27330
project funds the school district board shall comply with section	27331
3313.41 of the Revised Code throughout the project;	27332

(V) Provision that the commission shall not approve a	27333
contract for demolition of a facility until the school district	27334
board has complied with section 3313.41 of the Revised Code	27335
relative to that facility, unless demolition of that facility is	27336
to clear a site for construction of a replacement facility	27337
included in the district's project.	27338

Sec. 3318.30.  (A) There is hereby created the Ohio school	27339
facilities commission. The commission shall administer the	27340
provision of financial assistance to school districts for the	27341
acquisition or construction of classroom facilities in accordance	27342
with sections 3318.01 to 3318.33 of the Revised Code.	27343

The commission is a body corporate and politic, an agency of	27344
state government and an instrumentality of the state, performing	27345
essential governmental functions of this state. The carrying out	27346
of the purposes and the exercise by the commission of its powers	27347
conferred by sections 3318.01 to 3318.33 of the Revised Code are	27348
essential public functions and public purposes of the state. The	27349
commission may, in its own name, sue and be sued, enter into	27350
contracts, and perform all the powers and duties given to it by	27351
sections 3318.01 to 3318.33 of the Revised Code, but it does not	27352
have and shall not exercise the power of eminent domain. In its	27353
discretion and as it determines appropriate, the commission may	27354
delegate to any of its members, executive director, or other	27355
employees any of the commission's powers and duties to carry out	27356
its functions.	27357

(B) The commission shall consist of seven members, three of	27358
whom are voting members. The voting members of the commission	27359
shall be the director of the office of budget and management, the	27360
director of administrative services, and the superintendent of	27361
public instruction, or their designees. Of the nonvoting members,	27362
two shall be members of the senate appointed by the president of	27363
the senate, and two shall be members of the house of	27364
representatives appointed by the speaker of the house. Each of the	27365
appointees of the president, and each of the appointees of the	27366
speaker, shall be members of different political parties.	27367

Nonvoting members shall serve as members of the commission	27368
during the legislative biennium for which they are appointed,	27369
except that any such member who ceases to be a member of the	27370
legislative house from which the member was appointed shall cease	27371
to be a member of the commission. Each nonvoting member shall be	27372
appointed within thirty-one days of the end of the term of that	27373
member's predecessor. Such members may be reappointed. Vacancies	27374
of nonvoting members shall be filled in the manner provided for	27375
original appointments.	27376

Members of the commission shall serve without compensation.

27377

After the initial nonvoting members of the commission have	27378
been appointed, the commission shall meet and organize by electing	27379
voting members as the chairperson and vice-chairperson of the	27380
commission, who shall hold their offices until the next	27381
organizational meeting of the commission. Organizational meetings	27382
of the commission shall be held at the first meeting of each	27383
calendar year. At each organizational meeting, the commission	27384
shall elect from among its voting members a chairperson and	27385
vice-chairperson, who shall serve until the next annual	27386
organizational meeting. The commission shall adopt rules pursuant	27387
to section 111.15 of the Revised Code for the conduct of its	27388
internal business and shall keep a journal of its proceedings.	27389
Including the organizational meeting, the commission shall meet at	27390
least once each calendar quarter.	27391

Two voting members of the commission constitute a quorum, and	27392
the affirmative vote of two members is necessary for approval of	27393
any action taken by the commission. A vacancy in the membership of	27394
the commission does not impair a quorum from exercising all the	27395
rights and performing all the duties of the commission. Meetings	27396
of the commission may be held anywhere in the state and shall be	27397
held in compliance with section 121.22 of the Revised Code.	27398

(C) The commission shall file an annual report of its	27399
activities and finances with the governor, speaker of the house of	27400
representatives, president of the senate, and chairpersons of the	27401
house and senate finance committees.	27402

(D) The commission shall be exempt from the requirements of	27403
sections 101.82 to 101.87 of the Revised Code.	27404

Sec. 3318.31.  (A) The Ohio school facilities commission may	27405
perform any act and ensure the performance of any function	27406
necessary or appropriate to carry out the purposes of, and	27407
exercise the powers granted under, Chapter 3318. of the Revised	27408
Code, including any of the following:	27409

(1) Adopt, amend, and rescind, pursuant to section 111.15 of	27410
the Revised Code, rules for the administration of programs	27411
authorized under Chapter 3318. of the Revised Code.	27412

(2) Contract with, retain the services of, or designate, and	27413
fix the compensation of, such agents, accountants, consultants,	27414
advisers, and other independent contractors as may be necessary or	27415
desirable to carry out the programs authorized under Chapter 3318.	27416
of the Revised Code, or authorize the executive director to	27417
perform such powers and duties.	27418

(3) Receive and accept any gifts, grants, donations, and	27419
pledges, and receipts therefrom, to be used for the programs	27420
authorized under Chapter 3318. of the Revised Code.	27421

(4) Make and enter into all contracts, commitments, and	27422
agreements, and execute all instruments, necessary or incidental	27423
to the performance of its duties and the execution of its rights	27424
and powers under Chapter 3318. of the Revised Code, or authorize	27425
the executive director to perform such powers and duties.	27426

(B) The commission shall appoint and fix the compensation of	27427
an executive director who shall serve at the pleasure of the	27428
commission. The executive director shall supervise the operations	27429
of the commission and perform such other duties as delegated by	27430
the commission. The executive director also shall employ and fix	27431
the compensation of such employees as will facilitate the	27432
activities and purposes of the commission, who shall serve at the	27433
pleasure of the executive director. The employees of the	27434
commission shall be exempt from Chapter 4117. of the Revised Code	27435
and shall not be public employees as defined in section 4117.01 of	27436
the Revised Code.	27437

(C) The attorney general shall serve as the legal	27438
representative for the commission and may appoint other counsel as	27439
necessary for that purpose in accordance with section 109.07 of	27440
the Revised Code.	27441

Sec. 3318.37.  (A)(1) As used in this section:

27442

(1)(a) "Large land area school district" means a school	27443
district with a territory of greater than three hundred fifty	27444
square miles in any percentile as determined under section	27445
3318.011 of the Revised Code.	27446

(b) "Low wealth school district" means a school district in	27447
the first through fiftieth percentiles as determined under section	27448
3318.011 of the Revised Code.	27449

(2)(c) A "school district with an exceptional need for	27450
immediate classroom facilities assistance" means a low wealth or	27451
large land area school district with an exceptional need for new	27452
facilities in order to protect the health and safety of all or a	27453
portion of its students. School	27454

(2) School districts reasonably expected to be eligible for	27455
state assistance under sections 3318.01 to 3318.20 of the Revised	27456
Code within three fiscal years after the year of the application	27457
for assistance under this section is being considered by the Ohio	27458
school facilities commission, and school districts that	27459
participate in the school building assistance expedited local	27460
partnership program under section 3318.36 of the Revised Code,	27461
except for such districts described in division (A)(3) of this	27462
section, shall not be eligible for assistance under this section.	27463

(3) School districts that participate in the school building	27464
assistance expedited local partnership program under section	27465
3318.36 of the Revised Code may receive assistance under the	27466
program established under this section only if the following	27467
conditions are satisfied:	27468

(a) The district board adopted a resolution certifying its	27469
intent to participate in the school building assistance expedited	27470
local partnership program under section 3318.36 of the Revised	27471
Code prior to September 14, 2000.	27472

(b) The district was selected by the Ohio school facilities	27473
commission for participation in the school building assistance	27474
expedited local partnership program under section 3318.36 of the	27475
Revised Code in the manner prescribed by the commission under that	27476
section as it existed prior to September 14, 2000.	27477

(B)(1) There is hereby established the exceptional needs	27478
school facilities assistance program. Under the program, the Ohio	27479
school facilities commission may set aside from the moneys	27480
annually appropriated to it for classroom facilities assistance	27481
projects up to twenty-five per cent for assistance to school	27482
districts with exceptional needs for immediate classroom	27483
facilities assistance.	27484

(2)(a) After consulting with education and construction	27485
experts, the commission shall adopt guidelines for identifying	27486
school districts with an exceptional need for immediate classroom	27487
facilities assistance.	27488

(b) The guidelines shall include application forms and	27489
instructions for school districts that believe they have an	27490
exceptional need for immediate classroom facilitiesto use in	27491
applying for assistance under this section.	27492

(3) The commission shall evaluate the classroom facilities,	27493
and the need for replacement classroom facilities from the	27494
applications received under this section. The commission,	27495
utilizing the guidelines adopted under division (B)(2)(a) of this	27496
section, shall prioritize the school districts to be assessed.	27497

Notwithstanding section 3318.02 of the Revised Code, the	27498
commission may conduct on-site evaluation of the school districts	27499
prioritized under this section and approve and award funds until	27500
such time as all funds set aside under division (B)(1) of this	27501
section have been encumbered under section 3318.04 of the Revised	27502
Code. However, the commission need not conduct the evaluation of	27503
facilities if the commission determines that a district's	27504
assessment conducted under section 3318.36 of the Revised Code is	27505
sufficient for purposes of this section.	27506

(4) Notwithstanding division (A) of section 3318.05 of the	27507
Revised Code, the school district's portion of the basic project	27508
cost under this section shall be the "required percentage of the	27509
basic project costs," as defined in division (K) of section	27510
3318.01 of the Revised Code.	27511

(5) Except as otherwise specified in this section, any	27512
project undertaken with assistance under this section shall comply	27513
with all provisions of sections 3318.01 to 3318.20 of the Revised	27514
Code. A school district may receive assistance under sections	27515
3318.01 to 3318.20 of the Revised Code for the remainder of the	27516
district's classroom facilities needs as assessed under this	27517
section when the district is eligible for such assistance pursuant	27518
to section 3318.02 of the Revised Code, but any classroom facility	27519
constructed with assistance under this section shall not be	27520
included in a district's project at that time unless the	27521
commission determines the district has experienced the increased	27522
enrollment specified in division (B)(1) of section 3318.04 of the	27523
Revised Code.	27524

(C) No school district shall receive assistance under this	27525
section for a classroom facility that has been included in the	27526
discrete part of the district's classroom facilities needs	27527
identified and addressed in the district's project pursuant to an	27528
agreement entered into under section 3318.36 of the Revised Code.	27529

Sec. 3318.41. (A)(1) The Ohio school facilities commission	27530
annually shall assess the classroom facilities needs of the number	27531
of joint vocational school districts that the commission	27532
reasonably expects to be able to provide assistance to in a fiscal	27533
year, based on the amount set aside for that fiscal year under	27534
division (B) of section 3318.40 of the Revised Code and the order	27535
of priority prescribed in division (B) of section 3318.42 of the	27536
Revised Code, except that in fiscal year 2004 the commission shall	27537
conduct at least the five assessments prescribed in division (E)	27538
of section 3318.40 of the Revised Code.	27539

Upon conducting an assessment of the classroom facilities	27540
needs of a school district, the commission shall make a	27541
determination of all of the following:	27542

(a) The number of classroom facilities to be included in a	27543
project, including classroom facilities authorized by a bond	27544
issuedescribed in section 3318.033 of the Revised Code, and the	27545
basic project cost of acquiring the classroom facilities included	27546
in the project. The number of facilities and basic project cost	27547
shall be determined in accordance with the specifications adopted	27548
under section 3318.311 of the Revised Code except to the extent	27549
that compliance with such specifications is waived by the	27550
commission pursuant to the rule of the commission adopted under	27551
division (F) of section 3318.40 of the Revised Code.	27552

(b) The school district's portion of the basic project cost	27553
as determined under division (C) of section 3318.42 of the Revised	27554
Code;	27555

(c) The remaining portion of the basic project cost that	27556
shall be supplied by the state;	27557

(d) The amount of the state's portion of the basic project	27558
cost to be encumbered in accordance with section 3318.11 of the	27559
Revised Code in the current and subsequent fiscal bienniums from	27560
funds set aside under division (B) of section 3318.40 of the	27561
Revised Code.	27562

(2) Divisions (A), (C), and (D) of section 3318.03 of the	27563
Revised Code apply to any project under sections 3318.40 to	27564
3318.45 of the Revised Code.	27565

(B)(1) If the commission makes a determination under division	27566
(A) of this section in favor of the acquisition of classroom	27567
facilities for a project under sections 3318.40 to 3318.45 of the	27568
Revised Code, such project shall be conditionally approved. Such	27569
conditional approval shall be submitted to the controlling board	27570
for approval. The controlling board shall immediately approve or	27571
reject the commission's determination, conditional approval, the	27572
amount of the state's portion of the basic project cost, and the	27573
amount of the state's portion of the basic project cost to be	27574
encumbered in the current fiscal biennium. In the event of	27575
approval by the controlling board, the commission shall certify	27576
the conditional approval to the joint vocational school district	27577
board of education and shall encumber the approved funds for the	27578
current fiscal year.	27579

(2) No school district that receives assistance under	27580
sections 3318.40 to 3318.45 of the Revised Code shall have another	27581
such project conditionally approved until the expiration of twenty	27582
years after the school district's prior project was conditionally	27583
approved, unless the school district board demonstrates to the	27584
satisfaction of the commission that the school district has	27585
experienced since conditional approval of its prior project an	27586
exceptional increase in enrollment or program requirements	27587
significantly above the school district's design capacity under	27588
that prior project as determined by rule of the commission. Any	27589
rule adopted by the commission to implement this division shall be	27590
tailored to address the classroom facilities needs of joint	27591
vocational school districts.	27592

(C) In addition to generating the amount of the school	27593
district's portion of the basic project cost as determined under	27594
division (C) of section 3318.42 of the Revised Code, in order for	27595
a school district to receive assistance under sections 3318.40 to	27596
3318.45 of the Revised Code, the school district board shall set	27597
aside school district moneys for the maintenance of the classroom	27598
facilities included in the school district's project in the amount	27599
and manner prescribed in section 3318.43 of the Revised Code.	27600

(D)(1) The conditional approval for a project certified under	27601
division (B)(1) of this section shall lapse and the amount	27602
reserved and encumbered for such project shall be released unless	27603
both of the following conditions are satisfied:	27604

(a) Within one hundred twenty days following the date of	27605
certification of the conditional approval to the joint vocational	27606
school district board, the school district board accepts the	27607
conditional approval and certifies to the commission the school	27608
district board's plan to generate the school district's portion of	27609
the basic project cost, as determined under division (C) of	27610
section 3318.42 of the Revised Code, and to set aside moneys for	27611
maintenance of the classroom facilities acquired under the	27612
project, as prescribed in section 3318.43 of the Revised Code.	27613

(b) Within one year following the date of certification of	27614
the conditional approval to the school district board, the	27615
electors of the school district vote favorably on any ballot	27616
measures proposed by the school district board to generate the	27617
school district's portion of the basic project cost.	27618

(2) If the school district board or electors fail to satisfy	27619
the conditions prescribed in division (D)(1) of this section and	27620
the amount reserved and encumbered for the school district's	27621
project is released, the school district shall be given first	27622
priority over other joint vocational school districts for project	27623
funding under sections 3318.40 to 3318.45 of the Revised Code as	27624
such funds become available.	27625

(E) If the conditions prescribed in division (D)(1) of this	27626
section are satisfied, the commission and the school district	27627
board shall enter into an agreement as prescribed in section	27628
3318.08 of the Revised Code and shall proceed with the development	27629
of plans, cost estimates, designs, drawings, and specifications as	27630
prescribed in section 3318.091 of the Revised Code.	27631

(F) Costs in excess of those approved by the commission under	27632
section 3318.091 of the Revised Code shall be payable only as	27633
provided in sections 3318.042 and 3318.083 of the Revised Code.	27634

(G) Advertisement for bids and the award of contracts for	27635
construction of any project under sections 3318.40 to 3318.45 of	27636
the Revised Code shall be conducted in accordance with section	27637
3318.10 of the Revised Code.	27638

(H) The state funds reserved and encumbered and the funds	27639
provided by the school district to pay the basic project cost of a	27640
project under sections 3318.40 to 3318.45 of the Revised Code	27641
shall be spent simultaneously in proportion to the state's and the	27642
school district's respective portions of that basic project cost.	27643

(I) Sections 3318.13, 3318.14, and 3318.16 of the Revised	27644
Code apply to projects under sections 3318.40 to 3318.45 of the	27645
Revised Code.	27646

Sec. 3319.01.  Except in an island school district, where the	27647
superintendent of an educational service center otherwise may	27648
serve as superintendent of the district and except as otherwise	27649
provided for any cooperative education school district pursuant to	27650
division (B)(2) of section 3311.52 or division (B)(3) of section	27651
3311.521 of the Revised Code, the board of education in each	27652
school district and the governing board of each service center	27653
shall, at a regular or special meeting held not later than the	27654
first day of May of the calendar year in which the term of the	27655
superintendent expires, appoint a person possessed of the	27656
qualifications provided in this section to act as superintendent,	27657
for a term not longer than five years beginning the first day of	27658
August and ending on the thirty-first day of July. Such	27659
superintendent is, at the expiration of a current term of	27660
employment, deemed reemployed for a term of one year at the same	27661
salary plus any increments that may be authorized by the board,	27662
unless such board, on or before the first day of March of the year	27663
in which the contract of employment expires, either reemploys the	27664
superintendent for a succeeding term as provided in this section	27665
or gives to the superintendent written notice of its intention not	27666
to reemploy the superintendent. A superintendent may not be	27667
transferred to any other position during the term of the	27668
superintendent's employment or reemployment except by mutual	27669
agreement by the superintendent and the board. If a vacancy occurs	27670
in the office of superintendent, the board shall appoint a	27671
superintendent for a term not to exceed five years from the next	27672
preceding first day of August.	27673

Except as otherwise provided in this section, the employment	27674
or reemployment of a superintendent of a local school district	27675
shall be only upon the recommendation of the service center	27676
superintendent, except that a local board of education, by a	27677
three-fourths vote of its full membership, may, after considering	27678
two nominations for the position of local superintendent made by	27679
the service center superintendent, employ or reemploy a person not	27680
so nominated for such position.	27681

A board may at any regular or special meeting held during the	27682
period beginning on the first day of January of the calendar year	27683
immediately preceding the year the contract of employment of a	27684
superintendent expires and ending on the first day of March of the	27685
year it expires, reemploy such superintendent for a succeeding	27686
term for not longer than five years, beginning on the first day of	27687
August immediately following the expiration of the	27688
superintendent's current term of employment and ending on the	27689
thirty-first day of July of the year in which such succeeding term	27690
expires. No person shall be appointed to the office of	27691
superintendent of a city, or exempted village school district or a	27692
service center who does not hold a license designated for being a	27693
superintendent issued under section 3319.22 of the Revised Code,	27694
unless such person had been employed as a county, city, or	27695
exempted village superintendent prior to August 1, 1939. No person	27696
shall be appointed to the office of local superintendent who does	27697
not hold a license designated for being a superintendent issued	27698
under section 3319.22 of the Revised Code, unless such person held	27699
or was qualified to hold the position of executive head of a local	27700
school district on September 16, 1957. At the time of making such	27701
appointment or designation of term, such board shall fix the	27702
compensation of the superintendent, which may be increased or	27703
decreased during such term, provided such decrease is a part of a	27704
uniform plan affecting salaries of all employees of the district,	27705
and shall execute a written contract of employment with such	27706
superintendent.	27707

Each board shall adopt procedures for the evaluation of its	27708
superintendent and shall evaluate its superintendent in accordance	27709
with those procedures. An evaluation based upon such procedures	27710
shall be considered by the board in deciding whether to renew the	27711
superintendent's contract. The establishment of an evaluation	27712
procedure shall not create an expectancy of continued employment.	27713
Nothing in this section shall prevent a board from making the	27714
final determination regarding the renewal or failure to renew of a	27715
superintendent's contract.	27716

Termination of a superintendent's contract shall be pursuant	27717
to section 3319.16 of the Revised Code.	27718

A board may establish vacation leave for its superintendent.	27719
Upon the superintendent's separation from employment a board that	27720
has such leave may provide compensation at the superintendent's	27721
current rate of pay for all lawfully accrued and unused vacation	27722
leave to the superintendent's credit at the time of separation,	27723
not to exceed the amount accrued within three years before the	27724
date of separation. In case of the death of a superintendent, such	27725
unused vacation leave as the board would have paid to this	27726
superintendent upon separation shall be paid in accordance with	27727
section 2113.04 of the Revised Code, or to the superintendent's	27728
estate.	27729

The superintendent shall be the executive officer for the	27730
board. Except as otherwise provided in this section for local	27731
school districts, theThe superintendent shall direct and assign	27732
teachers and other employees of the district or service center,	27733
except as provided in section 3319.04 of the Revised Code; assign	27734
the pupils to the proper schools and grades, provided that the	27735
assignment of a pupil to a school outside of the pupil's district	27736
of residence is approved by the board of the district of residence	27737
of such pupil; and perform such other duties as the board	27738
determines. The service center superintendent shall exercise the	27739
responsibilities of this section with regard to the assignment of	27740
pupils and teachers for local school districts under the	27741
supervision of the service center, except that the board of	27742
education of a local school district and the governing board of	27743
the educational service center of which the local district is a	27744
part may enter into an agreement requiring the local	27745
superintendent, instead of the superintendent of the educational	27746
service center, to exercise the responsibilities of this section	27747
with regard to the assignment of pupils and teachers for the local	27748
school district.	27749

The board of education of any school district may contract	27750
with the governing board of the educational service center from	27751
which it otherwise receives services to conduct searches and	27752
recruitment of candidates for the superintendent position	27753
authorized under this section.	27754

Sec. 3319.02.  (A)(1) As used in this section, "other	27755
administrator" means eitherany of the following:	27756

(a) Except as provided in division (A)(2) of this section,	27757
any employee in a position for which a board of education requires	27758
a license designated by rule of the department of education for	27759
being an administrator issued under section 3319.22 of the Revised	27760
Code, including a professional pupil services employee or	27761
administrative specialist or an equivalent of either one who is	27762
not employed as a school counselor and spends less than fifty per	27763
cent of the time employed teaching or working with students;	27764

(b) Any nonlicensed employee whose job duties enable such	27765
employee to be considered as either a "supervisor" or a	27766
"management level employee," as defined in section 4117.01 of the	27767
Revised Code;	27768

(c) A business manager appointed under section 3319.03 of the	27769
Revised Code.	27770

(2) As used in this section, "other administrator" does not	27771
include a superintendent, assistant superintendent, principal, or	27772
assistant principal.	27773

(B) The board of education of each school district and the	27774
governing board of an educational service center may appoint one	27775
or more assistant superintendents and such other administrators as	27776
are necessary. An assistant educational service center	27777
superintendent or service center supervisor employed on a	27778
part-time basis may also be employed by a local board as a	27779
teacher. The board of each city, exempted village, and local	27780
school district shall employ principals for all high schools and	27781
for such other schools as the board designates, and those boards	27782
may appoint assistant principals for any school that they	27783
designate.	27784

(C) In educational service centers and in city and, exempted	27785
village, and local school districts, assistant superintendents,	27786
principals, assistant principals, and other administrators shall	27787
only be employed or reemployed in accordance with nominations of	27788
the superintendent, except that a city or exempted village board	27789
of education of a school district or the governing board of a	27790
service center, by a three-fourths vote of its full membership,	27791
may reemploy any assistant superintendent, principal, assistant	27792
principal, or other administrator whom the superintendent refuses	27793
to nominate. In local school districts, assistant superintendents,	27794
principals, assistant principals, and other administrators shall	27795
only be employed or reemployed in accordance with nominations of	27796
the superintendent of the service center of which the local	27797
district is a part, except that a local board of education, by a	27798
three-fourths vote of its full membership, may reemploy any	27799
assistant superintendent, principal, assistant principal, or other	27800
administrator whom such superintendent refuses to nominate.	27801

The board of education or governing board shall execute a	27802
written contract of employment with each assistant superintendent,	27803
principal, assistant principal, and other administrator it employs	27804
or reemploys. The term of such contract shall not exceed three	27805
years except that in the case of a person who has been employed as	27806
an assistant superintendent, principal, assistant principal, or	27807
other administrator in the district or center for three years or	27808
more, the term of the contract shall be for not more than five	27809
years and, unless the superintendent of the district recommends	27810
otherwise, not less than two years. If the superintendent so	27811
recommends, the term of the contract of a person who has been	27812
employed by the district or service center as an assistant	27813
superintendent, principal, assistant principal, or other	27814
administrator for three years or more may be one year, but all	27815
subsequent contracts granted such person shall be for a term of	27816
not less than two years and not more than five years. When a	27817
teacher with continuing service status becomes an assistant	27818
superintendent, principal, assistant principal, or other	27819
administrator with the district or service center with which the	27820
teacher holds continuing service status, the teacher retains such	27821
status in the teacher's nonadministrative position as provided in	27822
sections 3319.08 and 3319.09 of the Revised Code.	27823

A board of education or governing board may reemploy an	27824
assistant superintendent, principal, assistant principal, or other	27825
administrator at any regular or special meeting held during the	27826
period beginning on the first day of January of the calendar year	27827
immediately preceding the year of expiration of the employment	27828
contract and ending on the last day of March of the year the	27829
employment contract expires.	27830

Except by mutual agreement of the parties thereto, no	27831
assistant superintendent, principal, assistant principal, or other	27832
administrator shall be transferred during the life of a contract	27833
to a position of lesser responsibility. No contract may be	27834
terminated by a board except pursuant to section 3319.16 of the	27835
Revised Code. No contract may be suspended except pursuant to	27836
section 3319.17 or 3319.171 of the Revised Code. The salaries and	27837
compensation prescribed by such contracts shall not be reduced by	27838
a board unless such reduction is a part of a uniform plan	27839
affecting the entire district or center. The contract shall	27840
specify the employee's administrative position and duties as	27841
included in the job description adopted under division (D) of this	27842
section, the salary and other compensation to be paid for	27843
performance of duties, the number of days to be worked, the number	27844
of days of vacation leave, if any, and any paid holidays in the	27845
contractual year.	27846

An assistant superintendent, principal, assistant principal,	27847
or other administrator is, at the expiration of the current term	27848
of employment, deemed reemployed at the same salary plus any	27849
increments that may be authorized by the board, unless such	27850
employee notifies the board in writing to the contrary on or	27851
before the first day of June, or unless such board, on or before	27852
the last day of March of the year in which the contract of	27853
employment expires, either reemploys such employee for a	27854
succeeding term or gives written notice of its intention not to	27855
reemploy the employee. The term of reemployment of a person	27856
reemployed under this paragraph shall be one year, except that if	27857
such person has been employed by the school district or service	27858
center as an assistant superintendent, principal, assistant	27859
principal, or other administrator for three years or more, the	27860
term of reemployment shall be two years.	27861

(D)(1) Each board shall adopt procedures for the evaluation	27862
of all assistant superintendents, principals, assistant	27863
principals, and other administrators and shall evaluate such	27864
employees in accordance with those procedures. The evaluation	27865
based upon such procedures shall be considered by the board in	27866
deciding whether to renew the contract of employment of an	27867
assistant superintendent, principal, assistant principal, or other	27868
administrator.	27869

(2) The evaluation shall measure each assistant	27870
superintendent's, principal's, assistant principal's, and other	27871
administrator's effectiveness in performing the duties included in	27872
the job description and the evaluation procedures shall provide	27873
for, but not be limited to, the following:	27874

(a) Each assistant superintendent, principal, assistant	27875
principal, and other administrator shall be evaluated annually	27876
through a written evaluation process.	27877

(b) The evaluation shall be conducted by the superintendent	27878
or designee.	27879

(c) In order to provide time to show progress in correcting	27880
the deficiencies identified in the evaluation process, the	27881
evaluation process shall be completed as follows:	27882

(i) In any school year that the employee's contract of	27883
employment is not due to expire, at least one evaluation shall be	27884
completed in that year. A written copy of the evaluation shall be	27885
provided to the employee no later than the end of the employee's	27886
contract year as defined by the employee's annual salary notice.	27887

(ii) In any school year that the employee's contract of	27888
employment is due to expire, at least a preliminary evaluation and	27889
at least a final evaluation shall be completed in that year. A	27890
written copy of the preliminary evaluation shall be provided to	27891
the employee at least sixty days prior to any action by the board	27892
on the employee's contract of employment. The final evaluation	27893
shall indicate the superintendent's intended recommendation to the	27894
board regarding a contract of employment for the employee. A	27895
written copy of the evaluation shall be provided to the employee	27896
at least five days prior to the board's acting to renew or not	27897
renew the contract.	27898

(3) Termination of an assistant superintendent, principal,	27899
assistant principal, or other administrator's contract shall be	27900
pursuant to section 3319.16 of the Revised Code. Suspension of any	27901
such employee shall be pursuant to section 3319.17 or 3319.171 of	27902
the Revised Code.	27903

(4) Before taking action to renew or nonrenew the contract of	27904
an assistant superintendent, principal, assistant principal, or	27905
other administrator under this section and prior to the last day	27906
of March of the year in which such employee's contract expires,	27907
the board shall notify each such employee of the date that the	27908
contract expires and that the employee may request a meeting with	27909
the board. Upon request by such an employee, the board shall grant	27910
the employee a meeting in executive session. In that meeting, the	27911
board shall discuss its reasons for considering renewal or	27912
nonrenewal of the contract. The employee shall be permitted to	27913
have a representative, chosen by the employee, present at the	27914
meeting.	27915

(5) The establishment of an evaluation procedure shall not	27916
create an expectancy of continued employment. Nothing in division	27917
(D) of this section shall prevent a board from making the final	27918
determination regarding the renewal or nonrenewal of the contract	27919
of any assistant superintendent, principal, assistant principal,	27920
or other administrator. However, if a board fails to provide	27921
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this	27922
section, or if the board fails to provide at the request of the	27923
employee a meeting as prescribed in division (D)(4) of this	27924
section, the employee automatically shall be reemployed at the	27925
same salary plus any increments that may be authorized by the	27926
board for a period of one year, except that if the employee has	27927
been employed by the district or service center as an assistant	27928
superintendent, principal, assistant principal, or other	27929
administrator for three years or more, the period of reemployment	27930
shall be for two years.	27931

(E) On nomination of the superintendent of a service center a	27932
governing board may employ supervisors who shall be employed under	27933
written contracts of employment for terms not to exceed five years	27934
each. Such contracts may be terminated by a governing board	27935
pursuant to section 3319.16 of the Revised Code. Any supervisor	27936
employed pursuant to this division may terminate the contract of	27937
employment at the end of any school year after giving the board at	27938
least thirty days' written notice prior to such termination. On	27939
the recommendation of the superintendent the contract or contracts	27940
of any supervisor employed pursuant to this division may be	27941
suspended for the remainder of the term of any such contract	27942
pursuant to section 3319.17 or 3319.171 of the Revised Code.	27943

(F) A board may establish vacation leave for any individuals	27944
employed under this section. Upon such an individual's separation	27945
from employment, a board that has such leave may compensate such	27946
an individual at the individual's current rate of pay for all	27947
lawfully accrued and unused vacation leave credited at the time of	27948
separation, not to exceed the amount accrued within three years	27949
before the date of separation. In case of the death of an	27950
individual employed under this section, such unused vacation leave	27951
as the board would have paid to the individual upon separation	27952
under this section shall be paid in accordance with section	27953
2113.04 of the Revised Code, or to the estate.	27954

(G) The board of education of any school district may	27955
contract with the governing board of the educational service	27956
center from which it otherwise receives services to conduct	27957
searches and recruitment of candidates for assistant	27958
superintendent, principal, assistant principal, and other	27959
administrator positions authorized under this section.	27960

Sec. 3319.03.  The board of education of each city, exempted	27961
village, and local school district may create the position of	27962
business manager. The board shall electappoint such business	27963
manager who shall serve for a term not to exceed four years unless	27964
earlier removed for causepursuant to a contract in accordance	27965
with section 3319.02 of the Revised Code. A vacancy in this office	27966
shall be filled only for the unexpired term thereof. In the	27967
discharge of all hisofficial duties, the business manager may be	27968
directly responsible to the board, or to the superintendent of	27969
schools, as the board directs at the time of electionappointment	27970
to the position. Where such business manager is responsible to the	27971
superintendent hethe business manager shall be appointed by the	27972
superintendent and confirmed by the board.	27973

No board of education shall electappoint or confirm as	27974
business manager any person who does not hold a valid business	27975
manager's license issued under section 3301.074 of the Revised	27976
Code. If the business manager fails to maintain a valid license,	27977
hethe business manager shall be removed by the board.	27978

Sec. 3319.07.  (A) The board of education of each city,	27979
exempted village, and local, and joint vocational school district	27980
shall employ the teachers of the public schools of their	27981
respective districts.	27982

The governing board of each educational service center may	27983
employ special instruction teachers, special education teachers,	27984
and teachers of academic courses in which there are too few	27985
students in each of the constituent local school districts or in	27986
city or exempted village school districts entering into agreements	27987
pursuant to section 3313.843 of the Revised Code to warrant each	27988
district's employing teachers for those courses.	27989

When any board makes appointments of teachers, the teachers	27990
in the employ of the board shall be considered before new teachers	27991
are chosen in their stead. In city, exempted village, and joint	27992
vocationalall school districts and in service centers no teacher	27993
shall be employed unless such person is nominated by the	27994
superintendent of such district or center. Such board, by a	27995
three-fourths vote of its full membership, may re-employ any	27996
teacher whom the superintendent refuses to appoint. In local	27997
school districts, no teacher shall be employed, except as provided	27998
in division (B) of this section, unless nominated by the	27999
superintendent of the service center of which such local school	28000
district is a part; by a majority vote of the full membership of	28001
such board, the board of education of any local school district	28002
may, after considering two nominations for any position made by	28003
the service center superintendent, reemploy a person not so	28004
nominated for such position.	28005

(B) The board of education of a localany school district and	28006
the board of education of the county school district of which the	28007
local district is a part may enter into an agreement authorizing	28008
the superintendent of the local district, in lieu of the	28009
superintendent of the county district, to make nominations under	28010
this section for the employment of teachers in the local district.	28011
While such an agreement is in effect the board of education of the	28012
local district shall not employ any teacher unless the person is	28013
nominated by the superintendent of the district except that, by a	28014
three-fourths vote of its full membership, it may re-employ any	28015
teacher whom the superintendent refuses to nominatemay contract	28016
with the governing board of the educational service center from	28017
which it otherwise receives services to conduct searches and	28018
recruitment of candidates for teacher positions.	28019

Sec. 3319.19.  (A) Except as provided in division (D) of this	28020
section or division (A)(2) of section 3313.37 of the Revised Code,	28021
upon request, the board of county commissioners shall provide and	28022
equip offices in the county for the use of the superintendent of	28023
an educational service center, and shall provide heat, light,	28024
water, and janitorial services for such offices. Such offices	28025
shall be the permanent headquarters of the superintendent and	28026
shall be used by the governing board of the service center when it	28027
is in session. Except as provided in division (B) of this section,	28028
such offices shall be located in the county seat or, upon the	28029
approval of the governing board, may be located outside of the	28030
county seat.	28031

(B) In the case of a service center formed under section	28032
3311.053 or 3311.059 of the Revised Code, the governing board	28033
shall designate the site of its offices. Except as provided in	28034
division (D) of this section or division (A)(2) of section 3313.37	28035
of the Revised Code, the board of county commissioners of the	28036
county in which the designated site is located shall provide and	28037
equip the offices as under division (A) of this section, but the	28038
costs of such offices and equipment shall be apportioned among the	28039
boards of county commissioners of all counties having any	28040
territory in the area under the control of the governing board,	28041
according to the proportion of local school district pupils under	28042
the supervision of such board residing in the respective counties.	28043
Where there is a dispute as to the amount any board of county	28044
commissioners is required to pay, the probate judge of the county	28045
in which the greatest number of pupils under the supervision of	28046
the governing board reside shall apportion such costs among the	28047
boards of county commissioners and notify each such board of its	28048
share of the costs.	28049

(C) NotAs used in division (C) of this section, in the case	28050
of a building, facility, or office space that a board of county	28051
commissioners leases or rents, "actual cost per square foot" means	28052
all cost on a per square foot basis incurred by the board under	28053
the lease or rental agreement. In the case of a building,	28054
facility, or office space that the board owns in fee simple,	28055
"actual cost per square foot" means the fair rental value on a per	28056
square foot basis of the building, facility, or office space	28057
either as compared to a similarly situated building, facility, or	28058
office space in the general vicinity or as calculated under a	28059
formula that accounts for depreciation, amortization of	28060
improvements, and other reasonable factors, including, but not	28061
limited to, parking space and other amenities.	28062

Not later than the thirty-first day of March of 2002, 2003,	28063
2004, and 2005 a board of county commissioners required to provide	28064
or equip offices pursuant to division (A) or (B) of this section	28065
shall make a written estimate of the total cost it will incur for	28066
the ensuing fiscal year to provide and equip the offices and to	28067
provide heat, light, water, and janitorial services for such	28068
offices. The total estimate of cost shall include:	28069

(1) The total square feet of space to be utilized by the	28070
educational service center;	28071

(2) The total square feet of any common areas that should be	28072
reasonably allocated to the center and the methodology for making	28073
this allocation;	28074

(3) The actual cost per square foot for both the space	28075
utilized by and the common area allocated to the center;	28076

(4) An explanation of the methodology used to determine the	28077
actual cost per square foot cost;	28078

(5) The estimated cost of providing heat, light, and water,	28079
including an explanation of how these costs were determined;	28080

(6) The estimated cost of providing janitorial services	28081
including an explanation of the methodology used to determine this	28082
cost;	28083

(7) Any other estimated costs that the board anticipates it	28084
will occur and a detailed explanation of the costs and the	28085
rationale used to determine such costs.	28086

A copy of the total estimate of costs under this division	28087
shall be sent to the superintendent of the educational service	28088
center not later than the fifth day of April. The superintendent	28089
shall review the total estimate and shall notify the board of	28090
county commissioners not later than twenty days after receipt of	28091
the estimate of either agreement with the estimate or any specific	28092
objections to the estimates and the reasons for the objections. If	28093
the superintendent agrees with the estimate, it shall become the	28094
final total estimate of cost. Failure of the superintendent to	28095
make objections to the estimate by the twentieth day after receipt	28096
of it shall be deemed to mean that the superintendent is in	28097
agreement with the estimate.	28098

If the superintendent provides specific objections to the	28099
board of county commissioners, the board shall review the	28100
objections and may modify the original estimate and shall send a	28101
revised total estimate to the superintendent within ten days after	28102
the receipt of the superintendent's objections. The superintendent	28103
shall respond to the revised estimate within ten days after its	28104
receipt. If the superintendent agrees with it, it shall become the	28105
final total estimated cost. If the superintendent fails to respond	28106
within the required time, the superintendent shall be deemed to	28107
have agreed with the revised estimate. If the superintendent	28108
disagrees with the revised estimate, the superintendent shall send	28109
specific objections to the county commissioners.	28110

If a superintendent has sent specific objections to the	28111
revised estimate within the required time, the probate judge of	28112
the county which has the greatest number of resident local school	28113
district pupils under the supervision of the educational service	28114
center shall determine the final estimated cost and certify this	28115
amount to the superintendent and the board of county commissioners	28116
prior to the first day of July.	28117

(D)(1) A board of county commissioners shall be responsible	28118
for the following percentages of the final total estimated cost	28119
established by division (C) of this section:	28120

(a) Eighty per cent for fiscal year 2003;

28121

(b) Sixty per cent for fiscal year 2004;

28122

(c) Forty per cent for fiscal year 2005;

28123

(d) Twenty per cent for fiscal year 2006.

28124

In fiscal years 2003, 2004, 2005, and 2006 the educational	28125
service center shall be responsible for the remainder of any costs	28126
in excess of the amounts specified in division (D)(1)(a),(b), or	28127
(c), or (d) of this section, as applicable, associated with the	28128
provision and equipment of offices for the educational service	28129
center and for provision of heat, light, water, and janitorial	28130
services for such offices, including any unanticipated or	28131
unexpected increases in the costs beyond the final estimated cost	28132
amount.	28133

Beginning in fiscal year 2007, no board of county	28134
commissioners shall have any obligation to provide and equip	28135
offices for an educational service center or to provide heat,	28136
light, water, or janitorial services for such offices.	28137

(2) Nothing in this section shall prohibit the board of	28138
county commissioners and the governing board of an educational	28139
service center from entering into a contract for providing and	28140
equipping offices for the use of an educational service center and	28141
for providing heat, light, water, and janitorial services for such	28142
offices. The term of any such contract shall not exceed a period	28143
of four years and may be renewed for additional periods not to	28144
exceed four years. Any such contract shall supersede the	28145
provisions of division (D)(1) of this section and no educational	28146
service center may be charged, at any time, any additional amount	28147
for the county's provision of an office and equipment, heat,	28148
light, water, and janitorial services beyond the amount specified	28149
in such contract.	28150

(3) No contract entered into under division (D)(2) of this	28151
section in any year prior to fiscal year 2007 between an	28152
educational service center formed under section 3311.053 or	28153
3311.059 of the Revised Code and the board of county commissioners	28154
required to provide and equip its office pursuant to division (B)	28155
of this section shall take effect unless the boards of county	28156
commissioners of all other counties required to participate in the	28157
funding for such offices pursuant to division (B) of this section	28158
adopt resolutions approving the contract.	28159

Sec. 3319.22.  (A)(1) The state board of education shall	28160
adopt rules establishing the standards and requirements for	28161
obtaining temporary, associate, provisional, and professional	28162
educator licenses of any categories, types, and levels the board	28163
elects to provide. However, no educator license shall be required	28164
for teaching children two years old or younger.	28165

(2) If the state board requires any examinations for educator	28166
licensure, the department of education shall provide the results	28167
of such examinations to the Ohio board of regents, in the form and	28168
manner requested by the board of regents.	28169

(B) Any rules the state board of education adopts, amends, or	28170
rescinds for educator licenses under this section, division (D) of	28171
section 3301.07 of the Revised Code, or any other law shall be	28172
adopted, amended, or rescinded under Chapter 119. of the Revised	28173
Code except as follows:	28174

(1) Notwithstanding division (D) of section 119.03 and	28175
division (A)(1) of section 119.04 of the Revised Code, the	28176
effective date of any rules, or amendment or rescission of any	28177
rules, shall not be as prescribed in division (D) of section	28178
119.03 and division (A)(1) of section 119.04 of the Revised Code.	28179
Instead, the effective date shall be the date prescribed by	28180
section 3319.23 of the Revised Code.	28181

(2) Notwithstanding the authority to adopt, amend, or rescind	28182
emergency rules in division (F) of section 119.03 of the Revised	28183
Code, this authority shall not apply to the state board of	28184
education with regard to rules for educator licenses.	28185

(C)(1) The rules adopted under this section establishing	28186
standards requiring additional coursework for the renewal of any	28187
educator license shall require a school district and a chartered	28188
nonpublic school to establish local professional development	28189
committees. In a nonpublic school, the chief administrative	28190
officer shall establish the committees in any manner acceptable to	28191
such officer. The committees established under this division shall	28192
determine whether coursework that a district or chartered	28193
nonpublic school teacher proposes to complete meets the	28194
requirement of the rules. The rules shall establish a procedure by	28195
which a teacher may appeal the decision of a local professional	28196
development committee.	28197

(2) In any school district in which there is no exclusive	28198
representative established under Chapter 4117. of the Revised	28199
Code, the professional development committees shall be established	28200
as described in division (C)(2) of this section.	28201

Not later than the effective date of the rules adopted under	28202
this section, the board of education of each school district shall	28203
establish the structure for one or more local professional	28204
development committees to be operated by such school district. The	28205
committee structure so established by a district board shall	28206
remain in effect unless within thirty days prior to an anniversary	28207
of the date upon which the current committee structure was	28208
established, the board provides notice to all affected district	28209
employees that the committee structure is to be modified.	28210
Professional development committees may have a district-level or	28211
building-level scope of operations, and may be established with	28212
regard to particular grade or age levels for which an educator	28213
license is designated.	28214

Each professional development committee shall consist of at	28215
least three classroom teachers employed by the district, one	28216
principal employed by the district, and one other employee of the	28217
district appointed by the district superintendent. For committees	28218
with a building-level scope, the teacher and principal members	28219
shall be assigned to that building, and the teacher members shall	28220
be elected by majority vote of the classroom teachers assigned to	28221
that building. For committees with a district-level scope, the	28222
teacher members shall be elected by majority vote of the classroom	28223
teachers of the district, and the principal member shall be	28224
elected by a majority vote of the principals of the district,	28225
unless there are two or fewer principals employed by the district,	28226
in which case the one or two principals employed shall serve on	28227
the committee. If a committee has a particular grade or age level	28228
scope, the teacher members shall be licensed to teach such grade	28229
or age levels, and shall be elected by majority vote of the	28230
classroom teachers holding such a license and the principal shall	28231
be elected by all principals serving in buildings where any such	28232
teachers serve. The district superintendent shall appoint a	28233
replacement to fill any vacancy that occurs on a professional	28234
development committee, except in the case of vacancies among the	28235
elected classroom teacher members, which shall be filled by vote	28236
of the remaining members of the committee so selected.	28237

Terms of office on professional development committees shall	28238
be prescribed by the district board establishing the committees.	28239
The conduct of elections for members of professional development	28240
committees shall be prescribed by the district board establishing	28241
the committees. A professional development committee may include	28242
additional members, except that the majority of members on each	28243
such committee shall be classroom teachers employed by the	28244
district. Any member appointed to fill a vacancy occurring prior	28245
to the expiration date of the term for which a predecessor was	28246
appointed shall hold office as a member for the remainder of that	28247
term.	28248

The initial meeting of any professional development	28249
committee, upon election and appointment of all committee members,	28250
shall be called by a member designated by the district	28251
superintendent. At this initial meeting, the committee shall	28252
select a chairperson and such other officers the committee deems	28253
necessary, and shall adopt rules for the conduct of its meetings.	28254
Thereafter, the committee shall meet at the call of the	28255
chairperson or upon the filing of a petition with the district	28256
superintendent signed by a majority of the committee members	28257
calling for the committee to meet.	28258

(3) In the case of a school district in which an exclusive	28259
representative has been established pursuant to Chapter 4117. of	28260
the Revised Code, professional development committees shall be	28261
established in accordance with any collective bargaining agreement	28262
in effect in the district that includes provisions for such	28263
committees.	28264

If the collective bargaining agreement does not specify a	28265
different method for the selection of teacher members of the	28266
committees, the exclusive representative of the district's	28267
teachers shall select the teacher members.	28268

If the collective bargaining agreement does not specify a	28269
different structure for the committees, the board of education of	28270
the school district shall establish the structure, including the	28271
number of committees and the number of teacher and administrative	28272
members on each committee; the specific administrative members to	28273
be part of each committee; whether the scope of the committees	28274
will be district levels, building levels, or by type of grade or	28275
age levels for which educator licenses are designated; the lengths	28276
of terms for members; the manner of filling vacancies on the	28277
committees; and the frequency and time and place of meetings.	28278
However, in all cases, except as provided in division (C)(4) of	28279
this section, there shall be a majority of teacher members of any	28280
professional development committee, there shall be at least five	28281
total members of any professional development committee, and the	28282
exclusive representative shall designate replacement members in	28283
the case of vacancies among teacher members, unless the collective	28284
bargaining agreement specifies a different method of selecting	28285
such replacements.	28286

(4) Whenever an administrator's coursework plan is being	28287
discussed or voted upon, the local professional development	28288
committee shall, at the request of one of its administrative	28289
members, cause a majority of the committee to consist of	28290
administrative members by reducing the number of teacher members	28291
voting on the plan.	28292

(D)(1) The department of education, educational service	28293
centers, county boards of mental retardation and developmental	28294
disabilities, regional professional development centers, special	28295
education regional resource centers, college and university	28296
departments of education, head start programs, the Ohio SchoolNet	28297
commission, and the Ohio education computer network may establish	28298
local professional development committees to determine whether the	28299
coursework proposed by their employees who are licensed or	28300
certificated under this section or section 3319.222 of the Revised	28301
Code meet the requirements of the rules adopted under this	28302
section. They may establish local professional development	28303
committees on their own or in collaboration with a school district	28304
or other agency having authority to establish them.	28305

Local professional development committees established by	28306
county boards of mental retardation and developmental disabilities	28307
shall be structured in a manner comparable to the structures	28308
prescribed for school districts in divisions (C)(2) and (3) of	28309
this section, as shall the committees established by any other	28310
entity specified in division (D)(1) of this section that provides	28311
educational services by employing or contracting for services of	28312
classroom teachers licensed or certificated under this section or	28313
section 3319.222 of the Revised Code. All other entities specified	28314
in division (D)(1) of this section shall structure their	28315
committees in accordance with guidelines which shall be issued by	28316
the state board.	28317

(2) Any public agency that is not specified in division	28318
(D)(1) of this section but provides educational services and	28319
employs or contracts for services of classroom teachers licensed	28320
or certificated under this section or section 3319.222 of the	28321
Revised Code may establish a local professional development	28322
committee, subject to the approval of the department of education.	28323
The committee shall be structured in accordance with guidelines	28324
issued by the state board.	28325

Sec. 3319.33.  On or before the first day of August in each	28326
year, the board of education of each city and, exempted village,	28327
and local school district shall report to the state board of	28328
education, and the board of each local school district shall	28329
report to the superintendent of the educational service center,	28330
the school statistics of its district. Such report shall be made	28331
on forms furnished by the state board of education and shall	28332
contain such information as the state board of education requires.	28333
The report shall also set forth with respect to each civil	28334
proceeding in which the board of education is a defendant and each	28335
civil proceeding in which the board of education is a party and is	28336
not a defendant and in which one of the other parties is a board	28337
of education in this state or an officer, board, or official of	28338
this state:	28339

(A) The nature of the proceeding;

28340

(B) The capacity in which the board is a party to the	28341
proceeding;	28342

(C) The total expenses incurred by the board with respect to	28343
the proceeding;	28344

(D) The total expenses incurred by the board with respect to	28345
the proceeding during the reporting period.	28346

Divisions (A) to (D) of this section do not apply to any	28347
proceeding for which no expenses have been incurred during the	28348
reporting period.	28349

The board of education of each city and, exempted village,	28350
and local school district may prepare and publish annually a	28351
report of the condition and administration of the schools under	28352
its supervision which shall include therein an exhibit of the	28353
financial affairs of the district and the information required in	28354
divisions (A) to (D) of this section. Such annual report shall be	28355
for a full year.	28356

Sec. 3319.36.  (A) No treasurer of a board of education or	28357
educational service center shall draw a check for the payment of a	28358
teacher for services until the teacher files with the treasurer	28359
both of the following:	28360

(1) Such reports as are required by the state board of	28361
education, the school district board of education, or the	28362
superintendent of schools;	28363

(2) Except for a teacher who is engaged pursuant to section	28364
3319.301 of the Revised Code and except as provided under division	28365
(B) of this section, a written statement from the city or,	28366
exempted village, or local school district superintendent or the	28367
educational service center superintendent that the teacher has	28368
filed with the treasurer a legal educator license or internship	28369
certificate, or true copy of it, to teach the subjects or grades	28370
taught, with the dates of its validity. The state board of	28371
education shall prescribe the record and administration for such	28372
filing of educator licenses and internship certificates in	28373
educational service centers.	28374

(B) If the board of education of a local school district and	28375
the governing board of the educational service center of which the	28376
local district is a part have entered into an agreement under	28377
division (B) of section 3319.07 of the Revised Code, the agreement	28378
may also require the superintendent of the local school district,	28379
instead of the superintendent of the educational service center,	28380
to administer the filing of educator licenses and internship	28381
certificates for the local school district and to provide to the	28382
teachers of the district the written statements required in	28383
division (A)(2) of this section. While such an agreement is in	28384
effect between a local school district and an educational service	28385
center, a teacher employed by the local district shall file a	28386
legal educator license or internship certificate, or true copy of	28387
it, with the superintendent of the local district and that	28388
superintendent shall provide to the teacher the written statement	28389
required by division (A)(2) of this section.	28390

(C) Notwithstanding division (A) of this section, the	28391
treasurer may pay either of the following:	28392

(1) Any teacher for services rendered during the first two	28393
months of the teacher's initial employment with the school	28394
district or educational service center, provided such teacher is	28395
the holder of a bachelor's degree or higher and has filed with the	28396
state board of education an application for the issuance of a	28397
provisional or professional educator license.	28398

(2) Any substitute teacher for services rendered while	28399
conditionally employed under section 3319.101 of the Revised Code.	28400

(D)(C) Upon notice to the treasurer given by the state board	28401
of education or any superintendent having jurisdiction that	28402
reports required of a teacher have not been made, the treasurer	28403
shall withhold the salary of the teacher until the required	28404
reports are completed and furnished.	28405

Sec. 3323.16.  No unit for deaf children shall be disapproved	28406
for funding under division (B) or (D)(1) of section 3317.05 of the	28407
Revised Code on the basis of the methods of instruction used in	28408
educational programs in the school district or institution to	28409
teach deaf children to communicate, and no preference in approving	28410
units for funding shall be given by the state board for teaching	28411
deaf children by the oral, manual, total communication, or other	28412
method of instruction.	28413

Sec. 3327.01.  Notwithstanding division (D) of section	28414
3311.19 and division (D) of section 3311.52 of the Revised Code,	28415
this section and sections 3327.011, 3327.012, and 3327.02 of the	28416
Revised Code do not apply to any joint vocational or cooperative	28417
education school district.	28418

In all city, local, and exempted village school districts	28419
where resident school pupils in grades kindergarten through eight	28420
live more than two miles from the school for which the state board	28421
of education prescribes minimum standards pursuant to division (D)	28422
of section 3301.07 of the Revised Code and to which they are	28423
assigned by the board of education of the district of residence or	28424
to and from the nonpublic or community school which they attend	28425
the board of education shall provide transportation for such	28426
pupils to and from such school except as provided in section	28427
3327.02 of the Revised Code.	28428

In all city, local, and exempted village school districts the	28429
board may provide transportation for resident school pupils in	28430
grades nine through twelve to and from the high school to which	28431
they are assigned by the board of education of the district of	28432
residence or to and from the nonpublic or community high school	28433
which they attend for which the state board of education	28434
prescribes minimum standards pursuant to division (D) of section	28435
3301.07 of the Revised Code.	28436

A board of education shall not be required to transport	28437
elementary or high school pupils to and from a nonpublic or	28438
community school where such transportation would require more than	28439
thirty minutes of direct travel time as measured by school bus	28440
from the collection point aspublic school building to which the	28441
pupils would be assigned if attending the public school designated	28442
by the coordinator of school transportation, appointed under	28443
section 3327.011 of the Revised Code, for the attendance area of	28444
the district of residence.	28445

Where it is impractical to transport a pupil by school	28446
conveyance, a board of education may offer payment, in lieu of	28447
providing such transportation in accordance with section 3327.02	28448
of the Revised Code.	28449

In all city, local, and exempted village school districts the	28450
board shall provide transportation for all children who are so	28451
crippled that they are unable to walk to and from the school for	28452
which the state board of education prescribes minimum standards	28453
pursuant to division (D) of section 3301.07 of the Revised Code	28454
and which they attend. In case of dispute whether the child is	28455
able to walk to and from the school, the health commissioner shall	28456
be the judge of such ability. In all city, exempted village, and	28457
local school districts the board shall provide transportation to	28458
and from school or special education classes for educable mentally	28459
retarded children in accordance with standards adopted by the	28460
state board of education.	28461

When transportation of pupils is provided the conveyance	28462
shall be run on a time schedule that shall be adopted and put in	28463
force by the board not later than ten days after the beginning of	28464
the school term.	28465

The cost of any transportation service authorized by this	28466
section shall be paid first out of federal funds, if any,	28467
available for the purpose of pupil transportation, and secondly	28468
out of state appropriations, in accordance with regulations	28469
adopted by the state board of education.	28470

No transportation of any pupils shall be provided by any	28471
board of education to or from any school which in the selection of	28472
pupils, faculty members, or employees, practices discrimination	28473
against any person on the grounds of race, color, religion, or	28474
national origin.	28475

Sec. 3327.011. Coordinators of school transportation shall	28476
be appointed according to provisions of section 3301.13 of the	28477
Revised Code to assure that each pupil, as provided in section	28478
3327.01 of the Revised Code, is transported to and from the school	28479
which he attends in a safe, expedient, and economical manner using	28480
public school collection points, routes, and schedules.	28481

In determining how best to provide such transportation, where	28482
persons or firms on or after April 1, 1965, were providing	28483
transportation to and from schools pursuant to contracts with	28484
persons or agencies responsible for the operation of such schools,	28485
a coordinator or the board of education responsible for	28486
transportation in accordance with section 3327.01 of the Revised	28487
Code shall give preference if economically feasible during the	28488
term of any such contract to the firm or person providing such	28489
transportation. The boards of education within the county or group	28490
of counties shall recommend to the coordinator ofestablish	28491
transportation routes, schedules, and utilization of	28492
transportation equipment. The coordinator, upon receipt of such	28493
recommendations, shall establish transportation routes, schedules,	28494
and utilization of transportation equipment, following such	28495
recommendations to whatever extent is feasible. The appeals from	28496
the determination of the coordinatorboard of education	28497
responsible for transportation shall be taken to the state board	28498
of education.	28499

Sec. 3329.06.  The board of education of each city, exempted	28500
village, and local school district shall furnish, free of charge,	28501
the necessary textbooks to the pupils attending the public	28502
schools. In lieu of textbooks, district boards may furnish	28503
electronic textbooks to pupils attending the public schools,	28504
provided the electronic textbooks are furnished free of charge. A	28505
district board that chooses to furnish electronic textbooks to	28506
pupils attending school in the district shall provide reasonable	28507
access to the electronic textbooks and other necessary computer	28508
equipment to pupils in the district who are required to complete	28509
homework assignments, and teachers providing homework assignments,	28510
utilizing electronic textbooks furnished by the district board.	28511
Pupils wholly or in part supplied with necessary textbooks or	28512
electronic textbooks shall be supplied only as other or new	28513
textbooks or electronic textbooks are needed. A board may limit	28514
its purchase and ownership of textbooks or electronic textbooks	28515
needed for its schools to six subjects per year, the cost of which	28516
shall not exceed twenty-five per cent of the entire cost of	28517
adoption. All textbooks or electronic textbooks furnished as	28518
provided in this section shall be the property of the district,	28519
and loaned to the pupils on such terms as each such board	28520
prescribes. In order to carry out sections 3329.01 to 3329.10 of	28521
the Revised Code, each board, in the preparation of its annual	28522
budget, shall include as a separate item the amount which the	28523
board finds necessary to administer such sections and such amount	28524
shall not be subject to transfer to any other fund.	28525

Sec. 3329.08.  At any regular meeting, the board of education	28526
of each local school district, from lists adopted by the	28527
educational service center governing board, and the board of	28528
education of each city and exempted village school district shall	28529
determine by a majority vote of all members elected or appointed	28530
under division (B) or (F) of section 3311.71 of the Revised Code	28531
which of such textbooks or electronic textbooks so filed shall be	28532
used in the schools under its control. Except for periodic and	28533
normal updating of electronic textbooks, no textbooks or	28534
electronic textbooks shall be changed, nor any part thereof	28535
altered or revised, nor any other textbook or electronic textbook	28536
substituted therefor, within four years after the date of	28537
selection and adoption thereof, as shown by the official records	28538
of such boards, except by the consent, at a regular meeting, of	28539
four-fifths of all members elected thereto. Textbooks or	28540
electronic textbooks so substituted shall be adopted for the full	28541
term of four years.	28542

Sec. 3332.04.  The state board of career colleges and schools	28543
may appoint an executive director and such other staff as may be	28544
required for the performance of the board's duties and provide	28545
necessary facilities. In selecting an executive director, the	28546
board shall appoint an individual with a background or experience	28547
in the regulation of commerce, business, or education. The board	28548
may also arrange for services and facilities to be provided by the	28549
state board of education and the Ohio board of regents. All	28550
receipts of the board shall be deposited in the state treasury to	28551
the credit of the general revenueoccupational licensing and	28552
regulatory fund.	28553

Sec. 3333.12.  (A) As used in this section:

28554

(1) "Eligible student" means an undergraduate student who is:

28555

(a) An Ohio resident;

28556

(b) Enrolled in either of the following:

28557

(i) An accredited institution of higher education in this	28558
state that meets the requirements of Title VI of the Civil Rights	28559
Act of 1964 and is state-assisted, is nonprofit and has a	28560
certificate of authorization from the Ohio board of regents	28561
pursuant to Chapter 1713. of the Revised Code, has a certificate	28562
of registration from the state board of career colleges and	28563
schools and program authorization to award an associate or	28564
bachelor's degree, or is a private institution exempt from	28565
regulation under Chapter 3332. of the Revised Code as prescribed	28566
in section 3333.046 of the Revised Code. Students who attend an	28567
institution that holds a certificate of registration shall be	28568
enrolled in a program leading to an associate or bachelor's degree	28569
for which associate or bachelor's degree program the institution	28570
has program authorization issued under section 3332.05 of the	28571
Revised Code.	28572

(ii) A technical education program of at least two years	28573
duration sponsored by a private institution of higher education in	28574
this state that meets the requirements of Title VI of the Civil	28575
Rights Act of 1964.	28576

(c) Enrolled as a full-time student or enrolled as a less	28577
than full-time student for the term expected to be the student's	28578
final term of enrollment and is enrolled for the number of credit	28579
hours necessary to complete the requirements of the program in	28580
which the student is enrolled.	28581

(2) "Gross income" includes all taxable and nontaxable income	28582
of the parents, the student, and the student's spouse, except	28583
income derived from an Ohio academic scholarship, income earned by	28584
the student between the last day of the spring term and the first	28585
day of the fall term, and other income exclusions designated by	28586
the board. Gross income may be verified to the board by the	28587
institution in which the student is enrolled using the federal	28588
financial aid eligibility verification process or by other means	28589
satisfactory to the board.	28590

(3) "Resident," "full-time student," "dependent,"	28591
"financially independent," and "accredited" shall be defined by	28592
rules adopted by the board.	28593

(B) The Ohio board of regents shall establish and administer	28594
an instructional grant program and may adopt rules to carry out	28595
this section. The general assembly shall support the instructional	28596
grant program by such sums and in such manner as it may provide,	28597
but the board may also receive funds from other sources to support	28598
the program. If the amounts available for support of the program	28599
are inadequate to provide grants to all eligible students,	28600
preference in the payment of grants shall be given in terms of	28601
income, beginning with the lowest income category of gross income	28602
and proceeding upward by category to the highest gross income	28603
category.	28604

An instructional grant shall be paid to an eligible student	28605
through the institution in which the student is enrolled, except	28606
that no instructional grant shall be paid to any person serving a	28607
term of imprisonment. Applications for such grants shall be made	28608
as prescribed by the board, and such applications may be made in	28609
conjunction with and upon the basis of information provided in	28610
conjunction with student assistance programs funded by agencies of	28611
the United States government or from financial resources of the	28612
institution of higher education. The institution shall certify	28613
that the student applicant meets the requirements set forth in	28614
divisions (A)(1)(b) and (c) of this section. Instructional grants	28615
shall be provided to an eligible student only as long as the	28616
student is making appropriate progress toward a nursing diploma or	28617
an associate or bachelor's degree. No student shall be eligible to	28618
receive a grant for more than ten semesters, fifteen quarters, or	28619
the equivalent of five academic years. A grant made to an eligible	28620
student on the basis of less than full-time enrollment shall be	28621
based on the number of credit hours for which the student is	28622
enrolled and shall be computed in accordance with a formula	28623
adopted by the board. No student shall receive more than one grant	28624
on the basis of less than full-time enrollment.	28625

An instructional grant shall not exceed the total	28626
instructional and general charges of the institution.	28627

(C) The tables in this division prescribe the maximum grant	28628
amounts covering two semesters, three quarters, or a comparable	28629
portion of one academic year. Grant amounts for additional terms	28630
in the same academic year shall be determined under division (D)	28631
of this section.	28632

For a full-time student who is a dependent and enrolled in a	28633
nonprofit educational institution that is not a state-assisted	28634
institution and that has a certificate of authorization issued	28635
pursuant to Chapter 1713. of the Revised Code, the amount of the	28636
instructional grant for two semesters, three quarters, or a	28637
comparable portion of the academic year shall be determined in	28638
accordance with the following table:	28639

Private Institution

28641

Table of Grants

28642

For a full-time student who is financially independent and	28663
enrolled in a nonprofit educational institution that is not a	28664
state-assisted institution and that has a certificate of	28665
authorization issued pursuant to Chapter 1713. of the Revised	28666
Code, the amount of the instructional grant for two semesters,	28667
three quarters, or a comparable portion of the academic year shall	28668
be determined in accordance with the following table:	28669

Private Institution

28671

Table of Grants

28672

For a full-time student who is a dependent and enrolled in an	28710
educational institution that holds a certificate of registration	28711
from the state board of career colleges and schools or a private	28712
institution exempt from regulation under Chapter 3332. of the	28713
Revised Code as prescribed in section 3333.046 of the Revised	28714
Code, the amount of the instructional grant for two semesters,	28715
three quarters, or a comparable portion of the academic year shall	28716
be determined in accordance with the following table:	28717

Career Institution

28718

Table of Grants

28719

For a full-time student who is financially independent and	28740
enrolled in an educational institution that holds a certificate of	28741
registration from the state board of career colleges and schools	28742
or a private institution exempt from regulation under Chapter	28743
3332. of the Revised Code as prescribed in section 3333.046 of the	28744
Revised Code, the amount of the instructional grant for two	28745
semesters, three quarters, or a comparable portion of the academic	28746
year shall be determined in accordance with the following table:	28747

Career Institution

28748

Table of Grants

28749

For a full-time student who is a dependent and enrolled in a	28787
state-assisted educational institution, the amount of the	28788
instructional grant for two semesters, three quarters, or a	28789
comparable portion of the academic year shall be determined in	28790
accordance with the following table:	28791

Public Institution

28792

Table of Grants

28793

For a full-time student who is financially independent and	28814
enrolled in a state-assisted educational institution, the amount	28815
of the instructional grant for two semesters, three quarters, or a	28816
comparable portion of the academic year shall be determined in	28817
accordance with the following table:	28818

Public Institution

28819

Table of Grants

28820

(D) For a full-time student enrolled in an eligible	28858
institution for a semester or quarter in addition to the portion	28859
of the academic year covered by a grant determined under division	28860
(C) of this section, the maximum grant amount shall be a	28861
percentage of the maximum prescribed in the applicable table of	28862
that division. The maximum grant for a fourth quarter shall be	28863
one-third of the maximum amount prescribed under that division.	28864
The maximum grant for a third semester shall be one-half of the	28865
maximum amount prescribed under that division.	28866

(E) No grant shall be made to any student in a course of	28867
study in theology, religion, or other field of preparation for a	28868
religious profession unless such course of study leads to an	28869
accredited bachelor of arts, bachelor of science, associate of	28870
arts, or associate of science degree.	28871

(F)(1) Except as provided in division (F)(2) of this section,	28872
no grant shall be made to any student for enrollment during a	28873
fiscal year in an institution with a cohort default rate	28874
determined by the United States secretary of education pursuant to	28875
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	28876
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	28877
preceding the fiscal year, equal to or greater than thirty per	28878
cent for each of the preceding two fiscal years.	28879

(2) Division (F)(1) of this section does not apply to the	28880
following:	28881

(a) Any student enrolled in an institution that under the	28882
federal law appeals its loss of eligibility for federal financial	28883
aid and the United States secretary of education determines its	28884
cohort default rate after recalculation is lower than the rate	28885
specified in division (F)(1) of this section or the secretary	28886
determines due to mitigating circumstances the institution may	28887
continue to participate in federal financial aid programs. The	28888
board shall adopt rules requiring institutions to provide	28889
information regarding an appeal to the board.	28890

(b) Any student who has previously received a grant under	28891
this section who meets all other requirements of this section.	28892

(3) The board shall adopt rules for the notification of all	28893
institutions whose students will be ineligible to participate in	28894
the grant program pursuant to division (F)(1) of this section.	28895

(4) A student's attendance at an institution whose students	28896
lose eligibility for grants under division (F)(1) of this section	28897
shall not affect that student's eligibility to receive a grant	28898
when enrolled in another institution.	28899

(G) Institutions of higher education that enroll students	28900
receiving instructional grants under this section shall report to	28901
the board all students who have received instructional grants but	28902
are no longer eligible for all or part of such grants and shall	28903
refund any moneys due the state within thirty days after the	28904
beginning of the quarter or term immediately following the quarter	28905
or term in which the student was no longer eligible to receive all	28906
or part of the student's grant. There shall be an interest charge	28907
of one per cent per month on all moneys due and payable after such	28908
thirty-day period. The board shall immediately notify the office	28909
of budget and management and the legislative service commission of	28910
all refunds so received.	28911

Sec. 3333.16.  As used in this section "state institution of	28912
higher education" means an institution of higher education as	28913
defined in section 3345.12 of the Revised Code.	28914

(A) By April 15, 2005, the Ohio board of regents shall do all	28915
of the following:	28916

(1) Establish policies and procedures applicable to all state	28917
institutions of higher education that ensure that students can	28918
begin higher education at any state institution of higher	28919
education and transfer coursework and degrees to any other state	28920
institution of higher education without unnecessary duplication or	28921
institutional barriers. The purpose of this requirement is to	28922
allow students to attain their highest educational aspirations in	28923
the most efficient and effective manner for the students and the	28924
state. These policies and procedures shall require state	28925
institutions of higher education to make changes or modifications,	28926
as needed, to strengthen course content so as to ensure	28927
equivalency for that course at any state institution of higher	28928
education.	28929

(2) Develop and implement a universal course equivalency	28930
classification system for state institutions of higher education	28931
so that the transfer of students and the transfer and articulation	28932
of equivalent courses or specified learning modules or units	28933
completed by students are not inhibited by inconsistent judgment	28934
about the application of transfer credits. Coursework completed	28935
within such a system at one state institution of higher education	28936
and transferred to another institution shall be applied to the	28937
student's degree objective in the same manner as equivalent	28938
coursework completed at the receiving institution.	28939

(3) Develop a system of transfer policies that ensure that	28940
graduates with associate degrees which include completion of	28941
approved transfer modules shall be admitted to a state institution	28942
of higher education baccalaureate program, except specific limited	28943
access programs or majors that have admission requirements other	28944
than academic performance, and shall have priority over	28945
out-of-state associate degree graduates and transfer students. To	28946
assist a student in advising and transferring, all state	28947
institutions of higher education shall fully implement the course	28948
applicability system.	28949

(4) Examine the feasibility of developing a transfer	28950
marketing agenda that includes materials and interactive	28951
technology to inform the citizens of Ohio about the availability	28952
of transfer options at state institutions of higher education and	28953
to encourage adults to return to colleges and universities for	28954
additional education;	28955

(5) Study, in consultation with the state board of career	28956
colleges and schools, and in light of existing criteria and any	28957
other criteria developed by the articulation and transfer advisory	28958
council, the feasibility of credit recognition and transferability	28959
to state institutions of higher education for graduates who have	28960
received associate degrees from a career college or school with a	28961
certificate of registration from the state board of career	28962
colleges and schools under Chapter 3332. of the Revised Code.	28963

(B) By April 15, 2004, the board shall report to the general	28964
assembly on its progress in attaining completion of the actions	28965
prescribed in division (A) of this section.	28966

(C) All provisions of the existing articulation and transfer	28967
policy developed by the board shall remain in effect except where	28968
amended by this act.	28969

Sec. 3333.38.  (A) As used in this section:

28970

(1) "Institution of higher education" includes all of the	28971
following:	28972

(a) A state institution of higher education, as defined in	28973
section 3345.011 of the Revised Code;	28974

(b) A nonprofit institution issued a certificate of	28975
authorization by the Ohio board of regents under Chapter 1713. of	28976
the Revised Code;	28977

(c) A private institution exempt from regulation under	28978
Chapter 3332. of the Revised Code, as prescribed in section	28979
3333.046 of the Revised Code;	28980

(d) An institution of higher education with a certificate of	28981
registration from the state board of career colleges and schools	28982
under Chapter 3332. of the Revised Code.	28983

(2) "Student financial assistance supported by state funds"	28984
includes assistance granted under sections 3315.33, 3333.12,	28985
3333.21, 3333.26, 3333.27, 3333.28, 3333.29, 3333.372, 5910.03,	28986
5910.032, and 5919.34 of the Revised Code and any other	28987
post-secondary student financial assistance supported by state	28988
funds.	28989

(B) An individual who is convicted of, pleads guilty to, or	28990
is adjudicated a delinquent child for one of the following	28991
offenses shall be permanently ineligible to receive any student	28992
financial assistance supported by state funds at an institution of	28993
higher education:	28994

(1) A violation of section 2917.02 or 2917.03 of the Revised	28995
Code;	28996

(2) A violation of section 2917.04 of the Revised Code that	28997
is a misdemeanor of the fourth degree and occurs within the	28998
proximate area where four or more others are acting in a course of	28999
conduct in violation of section 2917.11 of the Revised Code;	29000

(3) A violation of section 2917.13 of the Revised Code that	29001
is a misdemeanor of the fourth or first degree and occurs within	29002
the proximate area where four or more others are acting in a	29003
course of conduct in violation of section 2917.11 of the Revised	29004
Code.	29005

Sec. 3333.50. There is hereby created the board of regents	29006
awards and initiatives fund, which shall be in the custody of the	29007
treasurer of state but shall not be part of the state treasury.	29008
The chancellor of the board of regents may deposit such receipts	29009
into the fund as the board of regents determines appropriate from	29010
awards, prizes, grants, and gifts received by the board. No	29011
revenues derived from appropriations made by the state or student	29012
fees or student charges shall be deposited into the fund. The	29013
treasurer of state shall invest any portion of the fund not needed	29014
for immediate use in the same manner as state funds are invested.	29015
All investment earnings of the fund shall be deposited into the	29016
fund. The chancellor may use the fund in support of awards and	29017
other initiatives approved by the board. All disbursements from	29018
the fund shall be made by the treasurer of state pursuant to	29019
vouchers signed by the chancellor.	29020

Sec. 3353.11.  There is hereby created in the state treasury	29021
the governmental television/telecommunications operating fund. The	29022
fund shall consist of money received from contract productions of	29023
the Ohio government telecommunications studio and shall be used	29024
for operations or equipment breakdowns related to the studio. Only	29025
Ohio government telecommunications may authorize the spending of	29026
money in the fund. All investment earnings of the fund shall be	29027
credited to the fund. Once the fund has a balance of zero, the	29028
fund shall cease to exist.	29029

Sec. 3361.01.  (A) There is hereby created a state university	29030
to be known as the "university of Cincinnati." The government of	29031
the university of Cincinnati is vested in a board of eleven	29032
trustees who shall be appointed by the governor with the advice	29033
and consent of the senate. Two of the trustees shall be students	29034
at the university of Cincinnati, and their selection and terms	29035
shall be in accordance with division (B) of this section. The	29036
terms of the first nine members of the board of trustees shall	29037
commence upon the effective date of the transfer of assets of the	29038
state-affiliated university of Cincinnati to the university of	29039
Cincinnati hereby created. One of such trustees shall be appointed	29040
for a term ending on the first day of January occurring at least	29041
twelve months after such date of transfer, and each of the other	29042
trustees shall be appointed for respective terms ending on each	29043
succeeding first day of January, so that one term will expire on	29044
each first day of January after expiration of the shortest term.	29045
Except for the two student trustees, each successor trustee shall	29046
be appointed for a term ending on the first day of January, nine	29047
years from the expiration date of the term hethe trustee	29048
succeeds, except that any person appointed to fill a vacancy shall	29049
be appointed to serve only for the unexpired term.	29050

Any trustee shall continue in office subsequent to the	29051
expiration date of histhe trustee's term until histhe trustee's	29052
successor takes office, or until a period of sixty days has	29053
elapsed, whichever occurs first.	29054

No person who has served a full nine-year term or longer or	29055
more than six years of such a term shall be eligible to	29056
reappointment. No person is eligible for appointment to the board	29057
of trustees for a full nine-year term who is not at the time of	29058
appointment a resident of the city of Cincinnati, unless at the	29059
time of such appointment there are at least five members of the	29060
board who are not students and who are residents of the city of	29061
Cincinnati.	29062

The trustees shall receive no compensation for their services	29063
but shall be paid their reasonable necessary expenses while	29064
engaged in the discharge of their official duties. A majority of	29065
the board constitutes a quorum.	29066

(B) The student members of the board of trustees of the	29067
university of Cincinnati have no voting power on the board.	29068
Student members shall not be considered as members of the board in	29069
determining whether a quorum is present. Student members shall not	29070
be entitled to attend executive sessions of the board. The student	29071
members of the board shall be appointed by the governor, with the	29072
advice and consent of the senate, from a group of five candidates	29073
selected pursuant to a procedure adopted by the university's	29074
student governments and approved by the university's board of	29075
trustees. The initial term of office of one of the student members	29076
shall commence on May 14, 1988 and shall expire on May 13, 1989,	29077
and the initial term of office of the other student member shall	29078
commence on May 14, 1988 and expire on May 13, 1990. Thereafter,	29079
terms of office of student members shall be for two years, each	29080
term ending on the same day of the same month of the year as the	29081
term it succeeds. In the event that a student cannot fulfill hisa	29082
two-year term, a replacement shall be selected to fill the	29083
unexpired term in the same manner used to make the original	29084
selection.	29085

Sec. 3375.41.  When a board of library trustees appointed	29086
pursuant to sections 3375.06, 3375.10, 3375.12, 3375.15, 3375.22,	29087
and 3375.30 of the Revised Code determines to construct, demolish,	29088
alter, repair, or reconstruct a library or make any improvements	29089
or repairs, the cost of which will exceed fifteentwenty-five	29090
thousand dollars, except in cases of urgent necessity or for the	29091
security and protection of library property, it shall proceed as	29092
follows:	29093

(A) The board shall advertise for a period of four weeks for	29094
bids in some newspaper of general circulation in the district, and	29095
if there are two such papers, the board shall advertise in both of	29096
them. If no newspaper has a general circulation in the district,	29097
the board shall advertise by posting suchthe advertisement in	29098
three public places thereinin the district. SuchThe	29099
advertisement shall be entered in full by the clerk on the record	29100
of proceedings of the board.	29101

(B) The sealed bids shall be filed with the clerk by twelve	29102
noon of the last day stated in the advertisement.	29103

(C) The bids shall be opened at the next meeting of the	29104
board, shall be publicly read by the clerk, and shall be entered	29105
in full on the records of the board; provided, that the board may,	29106
by resolution, may provide for the public opening and reading of	29107
suchthe bids by the clerk, immediately after the time for filing	29108
suchthe bids has expired, at the usual place of meeting of the	29109
board, and for the tabulation of suchthe bids and a report of	29110
suchthe tabulation to the board at its next meeting.	29111

(D) Each bid shall contain the name of every person	29112
interested therein,in it and shall meet the requirements of	29113
section 153.54 of the Revised Code.	29114

(E) When both labor and materials are embraced in the work	29115
bid for, the board may require that each be separately stated in	29116
the bid, with the price thereofof each, or may require that bids	29117
be submitted without suchthat separation.	29118

(F) None but the lowest responsible bid shall be accepted.	29119
The board may reject all the bids or accept any bid for both labor	29120
and material for suchthe improvement or repair which is the	29121
lowest in the aggregate.	29122

(G) The contract shall be between the board and the bidders.	29123
The board shall pay the contract price for the work in cash at the	29124
times and in the amounts as provided by sections 153.12, 153.13,	29125
and 153.14 of the Revised Code.	29126

(H) When two or more bids are equal, in whole or in part, and	29127
are lower than any others, either may be accepted, but in no case	29128
shall the work be divided between such bidders.	29129

(I) When there is reason to believe there is collusion or	29130
combination among the bidders, the bids of those concerned in such	29131
the collusion or combination shall be rejected.	29132

Sec. 3377.01.  As used in Chapter 3377. of the Revised Code:

29133

(A) "Educational institution" or "institution" means an	29134
educational institution organized not for profit and holding an	29135
effective certificate of authorization issued under section	29136
1713.02 of the Revised Code. It does not include any institution	29137
created by or in accordance with Title XXXIII of the Revised Code	29138
nor any institution whose principal educational activity is	29139
preparing students for or granting degrees, diplomas, and other	29140
marks of deficiency which have value only in religious and	29141
ecclesiastical fields.	29142

(B) "Educational facility" or "facility" means any building,	29143
structure, facility, equipment, machinery, utility, or	29144
improvement, site, or other interest in real estate therefor or	29145
pertinent thereto, and equipment and furnishings to be used	29146
therein or in connection therewith, together with any	29147
appurtenances necessary or convenient to the uses thereof, to be	29148
used for or in connection with the conduct or operation of an	29149
educational institution, including but not limited to, classrooms	29150
and other instructional facilities, laboratories, research	29151
facilities, libraries, study facilities, administrative and office	29152
facilities, museums, gymnasiums, campus walks, drives and site	29153
improvements, dormitories and other suitable living quarters or	29154
accommodations, dining halls and other food service and	29155
preparation facilities, student services or activity facilities,	29156
physical education, athletic and recreational facilities,	29157
theatres, auditoriums, assembly and exhibition halls, greenhouses,	29158
agricultural buildings and facilities, parking, storage and	29159
maintenance facilities, infirmary, hospital, medical, and health	29160
facilities, continuing education facilities, communications, fire	29161
prevention, and fire fighting facilities, and any one, or any	29162
combination of the foregoing, whether or not comprising part of	29163
one building, structure, or facility. It does not include any	29164
facility used for sectarian instruction or study orexclusively as	29165
a place for devotional activities or religious worship.	29166

(C) "Bond proceedings" means the resolution or resolutions,	29167
the trust agreement, the indenture of mortgage, or combination	29168
thereof authorizing or providing for the terms and conditions	29169
applicable to bonds issued under authority of Chapter 3377. of the	29170
Revised Code.	29171

(D) "Pledged facilities" means the project or other property	29172
that is mortgaged or the rentals, revenues, and other income,	29173
charges, and moneys from which are pledged, or both, for the	29174
payment of or the security for the payment of the principal of and	29175
interest on the bonds issued under the authority of section	29176
3377.05 or 3377.06 of the Revised Code.	29177

(E) "Project" means real or personal property, or both,	29178
acquired by gift or purchase, constructed, reconstructed,	29179
enlarged, remodeled, renovated, improved, furnished, or equipped,	29180
or any combination thereof, by or financed by the Ohio higher	29181
educational facility commission, or by funds that are refinanced	29182
or reimbursed by the commission for use by an educational	29183
institution as an educational facility located within the state.	29184

(F) "Project costs" means the costs of acquiring,	29185
constructing, equipping, furnishing, reconstructing, remodeling,	29186
renovating, enlarging, and improving educational facilities	29187
comprising one or more project, including costs connected with or	29188
incidental thereto, provision of capitalized interest prior to and	29189
during construction and for a period after the completion of the	29190
construction, appropriate reserves, architectural, engineering,	29191
financial, and legal services, and all other costs of financing,	29192
and the repayment or restoration of moneys borrowed or advanced	29193
for such purposes or temporarily used therefor from other sources,	29194
and means the costs of refinancing obligations issued or loans	29195
incurred by, or reimbursement of money advanced, invested or	29196
expended by, educational institutions or others the proceeds of	29197
which obligations or loans or the amounts advanced, invested or	29198
expended were used at any time for the payment of project costs,	29199
if the Ohio higher educational facility commission determines that	29200
the refinancing or reimbursement advances the purposes of this	29201
chapter, whether or not the refinancing or reimbursement is in	29202
conjunction with the acquisition or construction of additional	29203
educational facilities.	29204

Sec. 3377.06.  In anticipation of the issuance of bonds	29205
authorized by section 3377.05 of the Revised Code, the Ohio higher	29206
educational facility commission may issue bond anticipation notes	29207
of the state and may renew the same from time to time by the	29208
issuance of new notes, but the maximum maturity of such notes,	29209
including renewals thereof, shall not exceed five years from the	29210
date of the issuance of the original notes. Such notes are payable	29211
solely from the revenues and receipts that may be pledged to the	29212
payment of such bonds or from the proceeds of such bonds, or both,	29213
as the commission provides in its resolution authorizing such	29214
notes, and may be additionally secured by covenants of the	29215
commission to the effect that the commission will do such or all	29216
things necessary for the issuance of such bonds, or of renewal	29217
notes under this section in appropriate amount, and either	29218
exchange such bonds or renewal notes therefor or apply the	29219
proceeds thereof to the extent necessary to make full payment on	29220
such notes at the time or times contemplated, as provided in such	29221
resolution. Subject to the provisions of this section, all	29222
provisions for and references to bonds in Chapter 3377. of the	29223
Revised Code are applicable to notes authorized under this section	29224
and any references therein to bondholders shall include holders or	29225
owners of such notes.	29226

Prior to the sale of bonds or notes authorized under section	29227
3377.05 or 3377.06 of the Revised Code, the commission shall	29228
determine that the project to be financed thereby will contribute	29229
to the objectives stated in section 3377.02 of the Revised Code	29230
and that the educational institution to which such project is to	29231
be leased, sold, exchanged, or otherwise disposed of, admits	29232
students without discrimination by reason of race, creed, color,	29233
or national origin. Nothing in this section prohibits an	29234
educational institution from requesting that its applicants for	29235
admission demonstrate beliefs or principles consistent with the	29236
mission of the institution.	29237

Sec. 3379.11.  There is hereby created in the state treasury	29238
the gifts and donations fund. The fund shall consist of gifts and	29239
donations made to the Ohio arts council and fees paid for	29240
conferences the council sponsors. The fund shall be used to pay	29241
for the council's operating expenses, including, but not limited	29242
to, payroll, personal services, maintenance, equipment, and	29243
subsidy payments. All moneys deposited into the fund shall be	29244
received and expended pursuant to the council's duty to foster and	29245
encourage the development of the arts in this state and the	29246
preservation of the state's cultural heritage.	29247

Sec. 3383.01.  As used in this chapter:

29248

(A) "Arts" means any of the following:

29249

(1) Visual, musical, dramatic, graphic, design, and other	29250
arts, including, but not limited to, architecture, dance,	29251
literature, motion pictures, music, painting, photography,	29252
sculpture, and theater, and the provision of training or education	29253
in these arts;	29254

(2) The presentation or making available, in museums or other	29255
indoor or outdoor facilities, of principles of science and their	29256
development, use, or application in business, industry, or	29257
commerce or of the history, heritage, development, presentation,	29258
and uses of the arts described in division (A)(1) of this section	29259
and of transportation;	29260

(3) The preservation, presentation, or making available of	29261
features of archaeological, architectural, environmental, or	29262
historical interest or significance in a state historical facility	29263
or a local historical facility.	29264

(B) "Arts organization" means either of the following:

29265

(1) A governmental agency or Ohio nonprofit corporation that	29266
provides programs or activities in areas directly concerned with	29267
the arts;	29268

(2) A regional arts and cultural district as defined in	29269
section 3381.01 of the Revised Code.	29270

(C) "Arts project" means all or any portion of an Ohio arts	29271
facility for which the general assembly has specifically	29272
authorized the spending of money, or made an appropriation,	29273
pursuant to division (D)(3) or (E) of section 3383.07 of the	29274
Revised Code.	29275

(D) "Cooperative contract" means a contract between the Ohio	29276
arts and sports facilities commission and an arts organization	29277
providing the terms and conditions of the cooperative use of an	29278
Ohio arts facility.	29279

(E) "Costs of operation" means amounts required to manage an	29280
Ohio arts facility that are incurred following the completion of	29281
construction of its arts project, provided that both of the	29282
following apply:	29283

(1) Those amounts either:

29284

(a) Have been committed to a fund dedicated to that purpose;

29285

(b) Equal the principal of any endowment fund, the income	29286
from which is dedicated to that purpose.	29287

(2) The commission and the arts organization have executed an	29288
agreement with respect to either of those funds.	29289

(F) "General building services" means general building	29290
services for an Ohio arts facility or an Ohio sports facility,	29291
including, but not limited to, general custodial care, security,	29292
maintenance, repair, painting, decoration, cleaning, utilities,	29293
fire safety, grounds and site maintenance and upkeep, and	29294
plumbing.	29295

(G) "Governmental agency" means a state agency, a	29296
state-supported or state-assisted institution of higher education,	29297
a municipal corporation, county, township, or school district, a	29298
port authority created under Chapter 4582. of the Revised Code,	29299
any other political subdivision or special district in this state	29300
established by or pursuant to law, or any combination of these	29301
entities; except where otherwise indicated, the United States or	29302
any department, division, or agency of the United States, or any	29303
agency, commission, or authority established pursuant to an	29304
interstate compact or agreement.	29305

(H) "Local contributions" means the value of an asset	29306
provided by or on behalf of an arts organization from sources	29307
other than the state, the value and nature of which shall be	29308
approved by the Ohio arts and sports facilities commission, in its	29309
sole discretion. "Local contributions" may include the value of	29310
the site where an arts project is to be constructed. All "local	29311
contributions," except a contribution attributable to such a site,	29312
shall be for the costs of construction of an arts project or the	29313
costs of operation of an arts facility.	29314

(I) "Local historical facility" means a site or facility,	29315
other than a state historical facility, of archaeological,	29316
architectural, environmental, or historical interest or	29317
significance, or a facility, including a storage facility,	29318
appurtenant to the operations of such a site or facility, that is	29319
owned by an arts organization, provided the facility meets the	29320
requirements of division (K)(2)(b) of this section, is managed by	29321
or pursuant to a contract with the Ohio arts and sports facilities	29322
commission, and is used for or in connection with the activities	29323
of the commission, including the presentation or making available	29324
of arts to the public.	29325

(J) "Manage," "operate," or "management" means the provision	29326
of, or the exercise of control over the provision of, activities:	29327

(1) Relating to the arts for an Ohio arts facility, including	29328
as applicable, but not limited to, providing for displays,	29329
exhibitions, specimens, and models; booking of artists,	29330
performances, or presentations; scheduling; and hiring or	29331
contracting for directors, curators, technical and scientific	29332
staff, ushers, stage managers, and others directly related to the	29333
arts activities in the facility; but not including general	29334
building services;	29335

(2) Relating to sports and athletic events for an Ohio sports	29336
facility, including as applicable, but not limited to, providing	29337
for booking of athletes, teams, and events; scheduling; and hiring	29338
or contracting for staff, ushers, managers, and others directly	29339
related to the sports and athletic events in the facility; but not	29340
including general building services.	29341

(K) "Ohio arts facility" means any of the following:

29342

(1) The three theaters located in the state office tower at	29343
77 South High street in Columbus;	29344

(2) Any capital facility in this state to which both of the	29345
following apply:	29346

(a) The construction of an arts project related to the	29347
facility was authorized or funded by the general assembly pursuant	29348
to division (D)(3) of section 3383.07 of the Revised Code and	29349
proceeds of state bonds are used for costs of the arts project.	29350

(b) The facility is managed directly by, or is subject to a	29351
cooperative or management contract with, the Ohio arts and sports	29352
facilities commission, and is used for or in connection with the	29353
activities of the commission, including the presentation or making	29354
available of arts to the public and the provision of training or	29355
education in the arts. A cooperative or management contract shall	29356
be for a term not less than the time remaining to the date of	29357
payment or provision for payment of any state bonds issued to pay	29358
the costs of the arts project, as determined by the director of	29359
budget and management and certified by the director to the Ohio	29360
arts and sports facilities commission and to the Ohio building	29361
authority.	29362

(3) A state historical facility or a local historical	29363
facility.	29364

(L) "State agency" means the state or any of its branches,	29365
officers, boards, commissions, authorities, departments,	29366
divisions, or other units or agencies.	29367

(M) "Construction" includes acquisition, including	29368
acquisition by lease-purchase, demolition, reconstruction,	29369
alteration, renovation, remodeling, enlargement, improvement, site	29370
improvements, and related equipping and furnishing.	29371

(N) "State historical facility" means a site or facility of	29372
archaeological, architectural, environmental, or historical	29373
interest or significance, or a facility, including a storage	29374
facility, appurtenant to the operations of such a site or	29375
facility, that is owned by or is located on real property owned by	29376
the state or by an arts organization, so long as the real property	29377
of the arts organization is contiguous to state-owned real	29378
property that is in the care, custody, and control of an arts	29379
organization, and that is managed directly by or is subject to a	29380
cooperative or management contract with the Ohio arts and sports	29381
facilities commission and is used for or in connection with the	29382
activities of the commission, including the presentation or making	29383
available of arts to the public.	29384

(O) "Ohio sports facility" means all or a portion of a	29385
stadium, arena, or other capital facility in this state, a primary	29386
purpose of which is to provide a site or venue for the	29387
presentation to the public of events of one or more major or minor	29388
league professional athletic or sports teams that are associated	29389
with the state or with a city or region of the state, which	29390
facility is owned by or is located on real property owned by the	29391
state or a governmental agency, and including all parking	29392
facilities, walkways, and other auxiliary facilities, equipment,	29393
furnishings, and real and personal property and interests and	29394
rights therein, that may be appropriate for or used for or in	29395
connection with the facility or its operation, for capital costs	29396
of which state funds are spent pursuant to this chapter. A	29397
facility constructed as an Ohio sports facility may be both an	29398
Ohio arts facility and an Ohio sports facility.	29399

Sec. 3383.07.  (A) The department of administrative services	29400
shall provide for the construction of an arts project in	29401
conformity with Chapter 153. of the Revised Code, except as	29402
follows:	29403

(1) For an arts project that has an estimated construction	29404
cost, excluding the cost of acquisition, of twenty-five million	29405
dollars or more, and that is financed by the Ohio building	29406
authority, construction services may be provided by the authority	29407
if the authority determines it should provide those services.	29408

(2) For an arts project other than a state historical	29409
facility, construction services may be provided on behalf of the	29410
state by the Ohio arts and sports facilities commission, or by a	29411
governmental agency or an arts organization that occupies, will	29412
occupy, or is responsible for the Ohio arts facility, as	29413
determined by the commission. Construction services to be provided	29414
by a governmental agency or an arts organization shall be	29415
specified in an agreement between the commission and the	29416
governmental agency or arts organization. The agreement, or any	29417
actions taken under it, are not subject to Chapter 123. or 153. of	29418
the Revised Code, except for sections 123.151 and 153.011 of the	29419
Revised Code, and shall be subject to Chapter 4115. of the Revised	29420
Code.	29421

(3) For an arts project that is a state historical facility,	29422
construction services may be provided by the Ohio arts and sports	29423
facilities commission or by an arts organization that occupies,	29424
will occupy, or is responsible for the facility, as determined by	29425
the commission. The construction services to be provided by the	29426
arts organization shall be specified in an agreement between the	29427
commission and the arts organization. That agreement, and any	29428
actions taken under it, are not subject to Chapter 123., 153., or	29429
4115. of the Revised Code.	29430

(B) For an Ohio sports facility that is financed in part by	29431
the Ohio building authority, construction services shall be	29432
provided on behalf of the state by or at the direction of the	29433
governmental agency or nonprofit corporation that will own or be	29434
responsible for the management of the facility, all as determined	29435
by the Ohio arts and sports facilities commission. Any	29436
construction services to be provided by a governmental agency or	29437
nonprofit corporation shall be specified in an agreement between	29438
the commission and the governmental agency or nonprofit	29439
corporation. That agreement, and any actions taken under it, are	29440
not subject to Chapter 123. or 153. of the Revised Code, except	29441
for sections 123.151 and 153.011 of the Revised Code, and shall be	29442
subject to Chapter 4115. of the Revised Code.	29443

(C) General building services for an Ohio arts facility shall	29444
be provided by the Ohio arts and sports facilities commission or	29445
by an arts organization that occupies, will occupy, or is	29446
responsible for the facility, as determined by the commission,	29447
except that the Ohio building authority may elect to provide those	29448
services for Ohio arts facilities financed with proceeds of state	29449
bonds issued by the authority. The costs of management and general	29450
building services shall be paid by the arts organization that	29451
occupies, will occupy, or is responsible for the facility as	29452
provided in an agreement between the commission and the arts	29453
organization, except that the state may pay for general building	29454
services for state-owned arts facilities constructed on	29455
state-owned land.	29456

General building services for an Ohio sports facility shall	29457
be provided by or at the direction of the governmental agency or	29458
nonprofit corporation that will be responsible for the management	29459
of the facility, all as determined by the commission. Any general	29460
building services to be provided by a governmental agency or	29461
nonprofit corporation for an Ohio sports facility shall be	29462
specified in an agreement between the commission and the	29463
governmental agency or nonprofit corporation. That agreement, and	29464
any actions taken under it, are not subject to Chapter 123. or	29465
153. of the Revised Code, except for sections 123.151 and 153.011	29466
of the Revised Code, and shall be subject to Chapter 4115. of the	29467
Revised Code.	29468

(D) This division does not apply to a state historical	29469
facility. No state funds, including any state bond proceeds, shall	29470
be spent on the construction of any arts project under this	29471
chapter unless, with respect to the arts project and to the Ohio	29472
arts facility related to the project, all of the following apply:	29473

(1) The Ohio arts and sports facilities commission has	29474
determined that there is a need for the arts project and the Ohio	29475
arts facility related to the project in the region of the state in	29476
which the Ohio arts facility is located or for which the facility	29477
is proposed.	29478

(2) The commission has determined that, as an indication of	29479
substantial regional support for the arts project, the arts	29480
organization has made provision satisfactory to the commission, in	29481
its sole discretion, for local contributions amounting to not less	29482
than fifty per cent of the total state funding for the arts	29483
project.	29484

(3) The general assembly has specifically authorized the	29485
spending of money on, or made an appropriation for, the	29486
construction of the arts project, or for rental payments relating	29487
to the financing of the construction of the arts project.	29488
Authorization to spend money, or an appropriation, for planning	29489
the arts project does not constitute authorization to spend money	29490
on, or an appropriation for, construction of the arts project.	29491

(E) No state funds, including any state bond proceeds, shall	29492
be spent on the construction of any state historical facility	29493
under this chapter unless the general assembly has specifically	29494
authorized the spending of money on, or made an appropriation for,	29495
the construction of the arts project related to the facility, or	29496
for rental payments relating to the financing of the construction	29497
of the arts project. Authorization to spend money, or an	29498
appropriation, for planning the arts project does not constitute	29499
authorization to spend money on, or an appropriation for, the	29500
construction of the arts project.	29501

(F) State funds shall not be used to pay or reimburse more	29502
than fifteen per cent of the initial estimated construction cost	29503
of an Ohio sports facility, excluding any site acquisition cost,	29504
and no state funds, including any state bond proceeds, shall be	29505
spent on any Ohio sports facility under this chapter unless, with	29506
respect to that facility, all of the following apply:	29507

(1) The Ohio arts and sports facilities commission has	29508
determined that there is a need for the facility in the region of	29509
the state for which the facility is proposed to provide the	29510
function of an Ohio sports facility as provided for in this	29511
chapter.	29512

(2) As an indication of substantial local support for the	29513
facility, the commission has received a financial and development	29514
plan satisfactory to it, and provision has been made, by agreement	29515
or otherwise, satisfactory to the commission, for a contribution	29516
amounting to not less than eighty-five per cent of the total	29517
estimated construction cost of the facility, excluding any site	29518
acquisition cost, from sources other than the state.	29519

(3) The general assembly has specifically authorized the	29520
spending of money on, or made an appropriation for, the	29521
construction of the facility, or for rental payments relating to	29522
state financing of all or a portion of the costs of constructing	29523
the facility. Authorization to spend money, or an appropriation,	29524
for planning or determining the feasibility of or need for the	29525
facility does not constitute authorization to spend money on, or	29526
an appropriation for, costs of constructing the facility.	29527

(4) If state bond proceeds are being used for the Ohio sports	29528
facility, the state or a governmental agency owns or has	29529
sufficient property interests in the facility or in the site of	29530
the facility or in the portion or portions of the facility	29531
financed from proceeds of state bonds, which may include, but is	29532
not limited to, the right to use or to require the use of the	29533
facility for the presentation of sport and athletic events to the	29534
public at the facility, extending for a period of not less than	29535
the greater of the useful life of the portion of the facility	29536
financed from proceeds of those bonds as determined using the	29537
guidelines for maximum maturities as provided under divisions (B),	29538
(C), and (D) of section 133.20 of the Revised Code, or the period	29539
of time remaining to the date of payment or provision for payment	29540
of outstanding state bonds allocable to costs of the facility, all	29541
as determined by the director of budget and management and	29542
certified by the director to the Ohio arts and sports facilities	29543
commission and to the Ohio building authority.	29544

Sec. 3501.011.  (A) Except as otherwise provided in divisions	29545
(B) and (C) of this section, and except as otherwise provided in	29546
any section of Title XXXV of the Revised Code to the contrary, as	29547
used in the sections of the Revised Code relating to elections and	29548
political communications, whenever a person is required to sign or	29549
affix a signature to a declaration of candidacy, nominating	29550
petition, declaration of intent to be a write-in candidate,	29551
initiative petition, referendum petition, recall petition, or any	29552
other kind of petition, or to sign or affix a signature on any	29553
other document that is filed with or transmitted to a board of	29554
elections or the office of the secretary of state, "sign" or	29555
"signature" means that person's written, cursive-style legal mark	29556
written in that person's own hand.	29557

(B) For persons who do not use a cursive-style legal mark	29558
during the course of their regular business and legal affairs,	29559
"sign" or "signature" means that person's other legal mark that	29560
the person uses during the course of that person's regular	29561
business and legal affairs that is written in the person's own	29562
hand.	29563

(C) Any voter registration record requiring a person's	29564
signature shall be signed using the person's legal mark used in	29565
the person's regular business and legal affairs. For any purpose	29566
described in division (A) of this section, the legal mark of a	29567
registered elector shall be considered to be the mark of that	29568
elector as it appears on the elector's voter registration record.	29569

Sec. 3501.18.  (A) The board of elections may divide a	29570
political subdivision, within its jurisdiction, into precincts	29571
and, establish, define, divide, rearrange, and combine the several	29572
election precincts within its jurisdiction, and change the	29573
location of the polling place for each precinct when it is	29574
necessary to maintain the requirements as to the number of voters	29575
in a precinct and to provide for the convenience of the voters and	29576
the proper conduct of elections, provided that no. No change in	29577
the number of precincts or in precinct boundaries shall be made	29578
during the twenty-five days immediately preceding a primary or	29579
general election noror between the first day of January and the	29580
day on which the members of county central committees are elected	29581
in the years in which those committees are elected. Except as	29582
otherwise provided in division (C) of this section, each precinct	29583
shall contain a number of electors, not to exceed one thousand	29584
four hundred, that the board of elections determines to be a	29585
reasonable number after taking into consideration the type and	29586
amount of available equipment, prior voter turnout, the size and	29587
location of each selected polling place, available parking,	29588
availability of an adequate number of poll workers, and handicap	29589
accessibility and other accessibility to the polling place.	29590

If the board changes the boundaries of a precinct after the	29591
filing of a local option election petition pursuant to sections	29592
4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code that	29593
calls for a local option election to be held in that precinct, the	29594
local option election shall be held in the area that constituted	29595
the precinct at the time the local option petition was filed,	29596
regardless of the change in the boundaries.	29597

If the board changes the boundaries of a precinct in order to	29598
meet the requirements of division (B)(1) of this section in a	29599
manner that causes a member of a county central committee to no	29600
longer qualify as a representative of an election precinct in the	29601
county, of a ward of a city in the county, or of a township in the	29602
county, the member shall continue to represent the precinct, ward,	29603
or township for the remainder of the member's term, regardless of	29604
the change in boundaries.	29605

In an emergency, the board may provide more than one polling	29606
place in a precinct. In order to provide for the convenience of	29607
the voters, the board may locate polling places for voting or	29608
registration outside the boundaries of precincts, provided that	29609
the nearest public school or public building shall be used if the	29610
board determines it to be available and suitable for use as a	29611
polling place. Except in an emergency, no change in the number or	29612
location of the polling places in a precinct shall be made during	29613
the twenty-five days immediately preceding a primary or general	29614
election.	29615

Electors who have failed to respond within thirty days to any	29616
confirmation notice shall not be counted in determining the size	29617
of any precinct under this section.	29618

(B)(1) Except as otherwise provided in division (B)(2) or (3)	29619
of this section, not later than August 1, 2000, thea board of	29620
elections shall determine all precinct boundaries using	29621
geographical units used by the United States department of	29622
commerce, bureau of the census, in reporting the decennial census	29623
of Ohio.	29624

(2) When any part of the boundary of a precinct also forms a	29625
part of the boundary of a legislative district and the precinct	29626
boundary cannot be determined by August 1, 2000, using the	29627
geographical units described in division (B)(1) of this section	29628
without making that part of the precinct boundary that also forms	29629
part of the legislative district boundary different from that	29630
legislative district boundary, the board of elections may	29631
determine the boundary of that precinct using the geographical	29632
units described in division (B)(1) of this section not later than	29633
April 1, 2002. As used in this division, legislative district	29634
means a district determined under Article XI of the Ohio	29635
Constitution.	29636

(3) The board of elections may apply to the secretary of	29637
state for a waiver from the requirement of division (B)(1) of this	29638
section when it is not feasible to comply with that requirement	29639
because of unusual physical boundaries or residential development	29640
practices that would cause unusual hardship for voters. The board	29641
shall identify the affected precincts and census units, explain	29642
the reason for the waiver request, and include a map illustrating	29643
where the census units will be split because of the requested	29644
waiver. If the secretary of state approves the waiver and so	29645
notifies the board of elections in writing, the board may change a	29646
precinct boundary as necessary under this section, notwithstanding	29647
the requirement in division (B)(1) of this section.	29648

(C) The board of elections may apply to the secretary of	29649
state for a waiver from the requirement of division (A) of this	29650
section regarding the number of electors in a precinct when the	29651
use of geographical units used by the United States department of	29652
commerce, bureau of the census, will cause a precinct to contain	29653
more than one thousand four hundred electors. The board shall	29654
identify the affected precincts and census units, explain the	29655
reason for the waiver request, and include a map illustrating	29656
where census units will be split because of the requested waiver.	29657
If the secretary of state approves the waiver and so notifies the	29658
board of elections in writing, the board may change a precinct	29659
boundary as necessary to meet the requirements of division (B)(1)	29660
of this section.	29661

Sec. 3501.30. (A) The board of elections shall provide for	29662
each polling place the necessary ballot boxes, official ballots,	29663
cards of instructions, registration forms, pollbooks, or poll	29664
lists, tally sheets, forms on which to make summary statements,	29665
writing implements, paper, and all other supplies necessary for	29666
casting and counting the ballots and recording the results of the	29667
voting at suchthe polling place. SuchThe pollbooks or poll lists	29668
shall have certificates appropriately printed thereonon them for	29669
the signatures of all the precinct officials, by which they shall	29670
certify that, to the best of their knowledge and belief, saidthe	29671
pollbooks or poll lists correctly show the names of all electors	29672
who voted in suchthe polling place at the election indicated	29673
thereinin the pollbook or poll list.	29674

AAll of the following shall be included among the supplies	29675
provided to each polling place:	29676

(1) A large map of each appropriate precinct shall be	29677
included among the supplies to each polling place, which shall be	29678
displayed prominently to assist persons who desire to register or	29679
vote on election day. Each map shall show all streets within the	29680
precinct and contain identifying symbols of the precinct in bold	29681
print.	29682

Such supplies shall also include a(2) Any materials,	29683
postings, or instructions required to comply with state or federal	29684
laws;	29685

(3) A flag of the United States approximately two and	29686
one-half feet in length along the top, which shall be displayed	29687
outside the entrance to the polling place during the time it is	29688
open for voting. Two;	29689

(4) Two or more small flags of the United States	29690
approximately fifteen inches in length along the top shall be	29691
provided and, which shall be placed at a distance of one hundred	29692
feet from the polling place on the thoroughfares or walkways	29693
leading to the polling place, to mark the distance within which	29694
persons other than election officials, witnesses, challengers,	29695
police officers, and electors waiting to mark, marking, or casting	29696
their ballots shall not loiter, congregate, or engage in any kind	29697
of election campaigning. Where small flags cannot reasonably be	29698
placed one hundred feet from the polling place, the presiding	29699
election judge shall place the flags as near to one hundred feet	29700
from the entrance to the polling place as is physically possible.	29701
Police officers and all election officials shall see that this	29702
prohibition against loitering and congregating is enforced. When	29703

When the period of time during which the polling place is	29704
open for voting expires, all of saidthe flags described in this	29705
division shall be taken into the polling place, and shall be	29706
returned to the board together with all other election materials	29707
and supplies required to be delivered to suchthe board.	29708

(B) The board of elections shall follow the instructions and	29709
advisories of the secretary of state in the production and use of	29710
polling place supplies.	29711

Sec. 3503.10.  (A) Each designated agency shall designate one	29712
person within that agency to serve as coordinator for the voter	29713
registration program within the agency and its departments,	29714
divisions, and programs. The designated person shall be trained	29715
under a program designed by the secretary of state and shall be	29716
responsible for administering all aspects of the voter	29717
registration program for that agency as prescribed by the	29718
secretary of state. The designated person shall receive no	29719
additional compensation for performing such duties.	29720

(B) Every designated agency, public high school and	29721
vocational school, public library, and office of a county	29722
treasurer shall provide in each of its offices or locations voter	29723
registration applications and assistance in the registration of	29724
persons qualified to register to vote, in accordance with this	29725
chapter.	29726

(C) Every designated agency shall distribute to its	29727
applicants, prior to or in conjunction with distributing a voter	29728
registration application, a form prescribed by the secretary of	29729
state that includes all of the following:	29730

(1) The question, "Do you want to register to vote or update	29731
your current voter registration?"--followed by boxes for the	29732
applicant to indicate whether the applicant would like to register	29733
or decline to register to vote, and the statement, highlighted in	29734
bold print, "If you do not check either box, you will be	29735
considered to have decided not to register to vote at this time.";	29736

(2) If the agency provides public assistance, the statement,	29737
"Applying to register or declining to register to vote will not	29738
affect the amount of assistance that you will be provided by this	29739
agency.";	29740

(3) The statement, "If you would like help in filling out the	29741
voter registration application form, we will help you. The	29742
decision whether to seek or accept help is yours. You may fill out	29743
the application form in private.";	29744

(4) The statement, "If you believe that someone has	29745
interfered with your right to register or to decline to register	29746
to vote, your right to privacy in deciding whether to register or	29747
in applying to register to vote, or your right to choose your own	29748
political party or other political preference, you may file a	29749
complaint with the prosecuting attorney of your county or with the	29750
secretary of state," with the address and telephone number for	29751
each such official's office.	29752

(D) Each designated agency shall distribute a voter	29753
registration form prescribed by the secretary of state to each	29754
applicant with each application for service or assistance, and	29755
with each written application or form for recertification,	29756
renewal, or change of address.	29757

(E) Each designated agency shall do all of the following:

29758

(1) Have employees trained to administer the voter	29759
registration program in order to provide to each applicant who	29760
wishes to register to vote and who accepts assistance, the same	29761
degree of assistance with regard to completion of the voter	29762
registration application as is provided by the agency with regard	29763
to the completion of its own form;	29764

(2) Accept completed voter registration applications, voter	29765
registration change of residence forms, and voter registration	29766
change of name forms, regardless of whether the application or	29767
form was distributed by the designated agency, for transmittal to	29768
the office of the board of elections in the county in which the	29769
agency is located. Each designated agency and the appropriate	29770
board of elections shall establish a method by which the voter	29771
registration applications and other voter registration forms are	29772
transmitted to that board of elections within five days after	29773
being accepted by the agency.	29774

(3) If the designated agency is one that is primarily engaged	29775
in providing services to persons with disabilities under a	29776
state-funded program, and that agency provides services to a	29777
person with disabilities at a person's home, provide the services	29778
described in divisions (E)(1) and (2) of this section at the	29779
person's home;	29780

(4) Keep as confidential, except as required by the secretary	29781
of state for record-keeping purposes, the identity of an agency	29782
through which a person registered to vote or updated the person's	29783
voter registration records, and information relating to a	29784
declination to register to vote made in connection with a voter	29785
registration application issued by a designated agency.	29786

(F) The secretary of state shall prepare and transmit written	29787
instructions on the implementation of the voter registration	29788
program within each designated agency, public high school and	29789
vocational school, public library, and office of a county	29790
treasurer. The instructions shall include directions as follows:	29791

(1) That each person designated to assist with voter	29792
registration maintain strict neutrality with respect to a person's	29793
political philosophies, a person's right to register or decline to	29794
register, and any other matter that may influence a person's	29795
decision to register or not register to vote;	29796

(2) That each person designated to assist with voter	29797
registration not seek to influence a person's decision to register	29798
or not register to vote, not display or demonstrate any political	29799
preference or party allegiance, and not make any statement to a	29800
person or take any action the purpose or effect of which is to	29801
lead a person to believe that a decision to register or not	29802
register has any bearing on the availability of services or	29803
benefits offered, on the grade in a particular class in school, or	29804
on credit for a particular class in school;	29805

(3) Regarding when and how to assist a person in completing	29806
the voter registration application, what to do with the completed	29807
voter registration application or voter registration update form,	29808
and when the application must be transmitted to the appropriate	29809
board of elections;	29810

(4) Regarding what records must be kept by the agency and	29811
where and when those records should be transmitted to satisfy	29812
reporting requirements imposed on the secretary of state under the	29813
National Voter Registration Act of 1993;	29814

(5) Regarding whom to contact to obtain answers to questions	29815
about voter registration forms and procedures.	29816

(G) If the voter registration activity is part of an in-class	29817
voter registration program in a public high school or vocational	29818
school, whether prescribed by the secretary of state or	29819
independent of the secretary of state, the board of education	29820
shall do all of the following:	29821

(1) Establish a schedule of school days and hours during	29822
these days when the person designated to assist with voter	29823
registration shall provide voter registration assistance;	29824

(2) Designate a person to assist with voter registration from	29825
the public high school's or vocational school's staff;	29826

(3) Make voter registration applications and materials	29827
available, as outlined in the voter registration program	29828
established by the secretary of state pursuant to section 3501.05	29829
of the Revised Code;	29830

(4) Distribute the statement, "applying to register or	29831
declining to register to vote will not affect or be a condition of	29832
your receiving a particular grade in or credit for a school course	29833
or class, participating in a curricular or extracurricular	29834
activity, receiving a benefit or privilege, or participating in a	29835
program or activity otherwise available to pupils enrolled in this	29836
school district's schools.";	29837

(5) Establish a method by which the voter registration	29838
application and other voter registration forms are transmitted to	29839
the board of elections within five days after being accepted by	29840
the public high school or vocational school.	29841

(H) Any person employed by the designated agency, public high	29842
school or vocational school, public library, or office of a county	29843
treasurer may be designated to assist with voter registration	29844
pursuant to this section. The designated agency, public high	29845
school or vocational school, public library, or office of a county	29846
treasurer shall provide the designated person, and make available	29847
such space as may be necessary, without charge to the county or	29848
state.	29849

(I) The secretary of state shall prepare and cause to be	29850
displayed in a prominent location in each designated agency a	29851
notice that identifies the person designated to assist with voter	29852
registration, the nature of that person's duties, and where and	29853
when that person is available for assisting in the registration of	29854
voters.	29855

A designated agency may furnish additional supplies and	29856
services to disseminate information to increase public awareness	29857
of the existence of a person designated to assist with voter	29858
registration in every designated agency.	29859

(J) This section does not limit any authority a board of	29860
education, superintendent, or principal has to allow, sponsor, or	29861
promote voluntary election registration programs within a high	29862
school or vocational school, including programs in which pupils	29863
serve as persons designated to assist with voter registration,	29864
provided that no pupil is required to participate.	29865

(K) Each public library and office of the county treasurer	29866
shall establish a method by which voter registration forms are	29867
transmitted to the board of elections within five days after being	29868
accepted by the public library or office of the county treasurer.	29869

(L) The department of job and family services and its	29870
departments, divisions, and programs shall limit administration of	29871
the aspects of the voter registration program for the department	29872
to the requirements prescribed by the secretary of state and the	29873
requirements of this section and the National Voter Registration	29874
Act of 1993.	29875

Sec. 3505.01.  On the sixtieth day before the day of the next	29876
general election, the secretary of state shall certify to the	29877
board of elections of each county the forms of the official	29878
ballots to be used at suchthat general election, together with	29879
the names of the candidates to be printed thereonon those ballots	29880
whose candidacy is to be submitted to the electors of the entire	29881
state. In the case of the presidential ballot for a general	29882
election such, that certification shall be made on the sixtieth	29883
fifty-fifth day before the day of the general election. On the	29884
seventy-fifth day before a special election to be held on the day	29885
specified by division (E) of section 3501.01 of the Revised Code	29886
for the holding of a primary election, designated by the general	29887
assembly for the purpose of submitting to the voters of the state	29888
constitutional amendments proposed by the general assembly, the	29889
secretary of state shall certify to the board of elections of each	29890
county the forms of the official ballots to be used at suchthat	29891
election.	29892

The board of the most populous county in each district	29893
comprised of more than one county but less than all of the	29894
counties of the state, in which there are candidates whose	29895
candidacies are to be submitted to the electors of suchthat	29896
district, shall, on the sixtieth day before the day of the next	29897
general election, certify to the board of each county in suchthe	29898
district the names of suchthose candidates to be printed on such	29899
ballots.	29900

The board of a county in which the major portion of a	29901
subdivision, located in more than one county, is located shall, on	29902
the sixtieth day before the day of the next general election,	29903
certify to the board of each county in which other portions of	29904
such subdivisionsthat subdivision are located the names of	29905
candidates whose candidacies are to be submitted to the electors	29906
of suchthat subdivision, to be printed on such ballots.	29907

If, subsequently to the sixtieth day before, or in the case	29908
of a presidential ballot for a general election the fifty-fifth	29909
day before, and prior to the tenth day before the day of sucha	29910
general election, a certificate is filed with the secretary of	29911
state to fill a vacancy caused by the death of a candidate, the	29912
secretary of state shall forthwith make a supplemental	29913
certification to the board of each county amending and correcting	29914
histhe secretary of state's original certification provided for	29915
in the first paragraph of this section. If, within suchthat time,	29916
such a certificate is filed with the board of the most populous	29917
county in a district comprised of more than one county but less	29918
than all of the counties of the state, or with the board of a	29919
county in which the major portion of the population of a	29920
subdivision, located in more than one county, is located, suchthe	29921
board with which such athe certificate is filed shall forthwith	29922
make a supplemental certification to the board of each county in	29923
suchthe district or to the board of each county in which other	29924
portions of suchthe subdivision are located, amending and	29925
correcting its original certification provided for in the second	29926
and third paragraphs of this section. If, at the time such	29927
supplemental certification is received by a board, ballots	29928
carrying the name of the deceased candidate have been printed,	29929
suchthe board shall cause strips of paper bearing the name of the	29930
candidate certified to fill suchthe vacancy to be printed and	29931
pasted on suchthose ballots so as to cover the name of the	29932
deceased candidate, except that in voting places using marking	29933
devices, the board shall cause strips of paper bearing the revised	29934
list of candidates for the office, after certification of a	29935
candidate to fill suchthe vacancy, to be printed and pasted on	29936
suchthe ballot cardcards so as to cover the names of candidates	29937
shown prior to the new certification, before such ballots are	29938
delivered to electors.	29939

Sec. 3505.061.  (A) The Ohio ballot board, as authorized by	29940
Section 1 of Article XVI, Ohio Constitution, shall consist of the	29941
secretary of state and four appointed members. No more than two of	29942
the appointed members shall be of the same political party. One of	29943
the members shall be appointed by the president of the senate, one	29944
shall be appointed by the minority leader of the senate, one shall	29945
be appointed by the speaker of the house of representatives, and	29946
one shall be appointed by the minority leader of the house of	29947
representatives. The appointments shall be made no later than the	29948
last Monday in January in the year in which the appointments are	29949
to be made. If any appointment is not so made, the secretary of	29950
state, acting in place of the person otherwise required to make	29951
the appointment, shall appoint as many qualified members	29952
affiliated with the appropriate political party as are necessary.	29953

(B)(1) The initial appointees to the board shall serve until	29954
the first Monday in February, 1977. Thereafter, terms of office	29955
shall be for four years, each term ending on the first Monday in	29956
February. The term of the secretary of state on the board shall	29957
coincide with the secretary of state's term of office. Except as	29958
otherwise provided in division (B)(2) of this section, division	29959
(B)(2) of section 3505.063, and division (B)(2) of section 3519.03	29960
of the Revised Code, each appointed member shall hold office from	29961
the date of appointment until the end of the term for which the	29962
member was appointed. Except as otherwise provided in those	29963
divisions, any member appointed to fill a vacancy occurring prior	29964
to the expiration of the term for which the member's predecessor	29965
was appointed shall hold office for the remainder of that term.	29966
Except as otherwise provided in those divisions, any member shall	29967
continue in office subsequent to the expiration date of the	29968
member's term until the member's successor takes office or a	29969
period of sixty days has elapsed, whichever occurs first. Any	29970
vacancy occurring on the board shall be filled in the manner	29971
provided for original appointments. A member appointed to fill a	29972
vacancy shall be of the same political party as that required of	29973
the member whom the member replaces.	29974

(2) The term of office of a member of the board who also is a	29975
member of the general assembly and who was appointed to the board	29976
by the president of the senate, the minority leader of the senate,	29977
the speaker of the house of representatives, or the minority	29978
leader of the house of representatives shall end on the earlier of	29979
the following dates:	29980

(a) The ending date of the ballot board term for which the	29981
member was appointed;	29982

(b) The ending date of the member's term as a member of the	29983
general assembly.	29984

(C) Members of the board shall serve without compensation but	29985
shall be reimbursed for expenses actually and necessarily incurred	29986
in the performance of their duties.	29987

(D) The secretary of state shall be the chairperson of the	29988
board, and the secretary of state or the secretary of state's	29989
representative shall have a vote equal to that of any other	29990
member. The vice-chairperson shall act as chairperson in the	29991
absence or disability of the chairperson, or during a vacancy in	29992
that office. The board shall meet after notice of at least seven	29993
days at a time and place determined by the chairperson. At its	29994
first meeting, the board shall elect a vice-chairperson from among	29995
its members for a term of two years, and it shall adopt rules for	29996
its procedures. After the first meeting, the board shall meet at	29997
the call of the chairperson or upon the written request of three	29998
other members. Three members constitute a quorum. No action shall	29999
be taken without the concurrence of three members.	30000

(E) The secretary of state shall provide technical,	30001
professional, and clerical employees as necessary for the board to	30002
carry out its duties.	30003

Sec. 3505.08. (A) Ballots shall be provided by the board of	30004
elections for all general and special elections. SuchThe ballots	30005
shall be printed with black ink on No. 2 white book paper fifty	30006
pounds in weight per ream assuming such ream to consist of five	30007
hundred sheets of such paper twenty-five by thirty-eight inches in	30008
size. Each ballot shall have attached at the top two stubs, each	30009
of the width of the ballot and not less than one-half inch in	30010
length, except that, if the board of elections has an alternate	30011
method to account for the ballots that the secretary of state has	30012
authorized, each ballot may have only one stub that shall be the	30013
width of the ballot and not less than one-half inch in length. In	30014
the case of ballots with two stubs, the stubs shall be separated	30015
from the ballot and from each other by perforated lines. The top	30016
stub shall be known as Stub B and shall have printed on its face	30017
"Stub B." The other stub shall be known as Stub A and shall have	30018
printed on its face "Stub A." Each stub shall also have printed on	30019
its face "Consecutive Number .........." Each	30020

Each ballot of each kind of ballot provided for use in each	30021
precinct shall be numbered consecutively beginning with number 1	30022
by printing such number upon both of the stubs attached theretoto	30023
the ballot. On ballots bearing the names of candidates, each	30024
candidate's name shall be printed in twelve point boldface upper	30025
case type in an enclosed rectangular space, and an enclosed blank	30026
rectangular space shall be provided at the left thereofof the	30027
candidate's name. The name of the political party of a candidate	30028
nominated at a primary election or certified by a party committee	30029
shall be printed in ten point lightface upper and lower case type	30030
and shall be separated by a two point blank space. The name of	30031
each candidate shall be indented one space within suchthe	30032
enclosed rectangular space, and the name of the political party	30033
shall be indented two spaces within suchthe enclosed rectangular	30034
space. The	30035

The title of each office on suchthe ballots shall be printed	30036
in twelve point boldface upper and lower case type in a separate	30037
enclosed rectangular space. A four point rule shall separate the	30038
name of a candidate or a group of candidates for the same office	30039
from the title of the office next appearing below on the ballot,	30040
and; a two point rule shall separate the title of the office from	30041
the names of candidates; and a one point rule shall separate names	30042
of candidates. Headings shall be printed in display Roman type.	30043
When the names of several candidates are grouped together as	30044
candidates for the same office, there shall be printed on suchthe	30045
ballots immediately below the title of suchthe office and within	30046
the separate rectangular space in which suchthe title is printed	30047
"Vote for not more than ........," in six point boldface upper and	30048
lower case filling the blank space with that number which will	30049
indicate the number of persons who may be lawfully elected to such	30050
the office.	30051

Columns on ballots shall be separated from each other by a	30052
heavy vertical border or solid line at least one-eighth of an inch	30053
wide, and a similar vertical border or line shall enclose the left	30054
and right side of ballots, and ballots. Ballots shall be trimmed	30055
along the sides close to such lines.	30056

The ballots provided for by this section shall be comprised	30057
of four kinds of ballots designated as follows: (A) office type	30058
ballot; (B) nonpartisan ballot; (C) questions and issues ballot;	30059
(D)and presidential ballot.	30060

On the back of each office type ballot shall be printed	30061
"Official Office Type Ballot;" on the back of each nonpartisan	30062
ballot shall be printed "Official Nonpartisan Ballot;" on the back	30063
of each questions and issues ballot shall be printed "Official	30064
Questions and Issues Ballot;" and on the back of each presidential	30065
ballot shall be printed "Official Presidential Ballot." On the	30066
back of every ballot also shall be printed the date of the	30067
election at which the ballot is used and the facsimile signatures	30068
of the members of the board of the county in which the ballot is	30069
used. For the purpose of identifying the kind of ballot, the back	30070
of every ballot may be numbered in suchthe order as the board	30071
shall determine. SuchThe numbers shall be printed in not less	30072
than thirty-six point type above the words "Official Office Type	30073
Ballot," "Official Nonpartisan Ballot," "Official Questions and	30074
Issues Ballot," or "Official Presidential Ballot," as the case may	30075
be. Ballot boxes bearing corresponding numbers shall be furnished	30076
for each precinct in which the above-described numbered ballots	30077
are used.	30078

On the back of every ballot used, there shall be a solid	30079
black line printed opposite the blank rectangular space that is	30080
used to mark the choice of the voter. This line shall be printed	30081
wide enough so that the mark in the blank rectangular space will	30082
not be visible from the back side of the ballot.	30083

Sample ballots may be printed by the board of elections for	30084
all general elections. SuchThe ballots shall be printed on	30085
colored paper, and "Sample Ballot" shall be plainly printed in	30086
boldface type on the face of each ballot. In counties of less than	30087
one hundred thousand population, the board may print not more than	30088
five hundred sample ballots; in all other counties, it may print	30089
not more than one thousand sample ballots. SuchThe sample ballots	30090
shall not be distributed by a political party or a candidate, nor	30091
shall a political party or candidate cause their title or name to	30092
be imprinted thereonon sample ballots.	30093

(B) Notwithstanding division (A) of this section, in	30094
approving the form of an official ballot, the secretary of state	30095
may authorize the use of fonts, type face settings, and ballot	30096
formats other than those prescribed in that division.	30097

Sec. 3505.10. (A) On the presidential ballot below the stubs	30098
at the top of the face of the ballot shall be printed "Official	30099
Presidential Ballot" centered between the side edges of the	30100
ballot. Below "Official Presidential Ballot" shall be printed a	30101
heavy line centered between the side edges of the ballot. Below	30102
the line shall be printed "Instruction to Voters" centered between	30103
the side edges of the ballot, and below suchthose words shall be	30104
printed the following instructions:	30105

"(A)(1) To vote for the candidates for president and	30106
vice-president whose names are printed below, record your vote in	30107
the manner provided next to the names of such candidates. That	30108
recording of the vote will be counted as a vote for each of the	30109
candidates for presidential elector whose names have been	30110
certified to the secretary of state and who are members of the	30111
same political party as the nominees for president and	30112
vice-president. A recording of the vote for independent candidates	30113
for president and vice-president shall be counted as a vote for	30114
the presidential electors filed by such candidates with the	30115
secretary of state.	30116

(B)(2) To vote for candidates for president and	30117
vice-president in the blank space below, record your vote in the	30118
manner provided and write the names of your choice for president	30119
and vice-president under the respective headings provided for	30120
those offices. Such write-in will be counted as a vote for the	30121
candidates' presidential electors whose names have been properly	30122
certified to the secretary of state.	30123

(C)(3) If you tear, soil, deface, or erroneously mark this	30124
ballot, return it to the precinct election officers or, if you	30125
cannot return it, notify the precinct election officers, and	30126
obtain another ballot."	30127

(B) Below suchthose instructions to the voter shall be	30128
printed a single vertical column of enclosed rectangular spaces	30129
equal in number to the number of presidential candidates plus one	30130
additional space for write-in candidates. Each of suchthose	30131
rectangular spaces shall be enclosed by a heavy line along each of	30132
its four sides, and such spaces shall be separated from each other	30133
by one-half inch of open space.	30134

In each of suchthose enclosed rectangular spaces, except the	30135
space provided for write-in candidates, shall be printed the names	30136
of the candidates for president and vice-president certified to	30137
the secretary of state or nominated as suchin one of the	30138
following manners:	30139

(1) Nominated by the national convention of a political party	30140
to which delegates and alternates were elected in this state at	30141
the next preceding primary election and the names of those	30142
independent candidates nominated. A political party certifying	30143
candidates so nominated shall certify the names of those	30144
candidates to the secretary of state on or before the sixtieth day	30145
before the day of the general election.	30146

(2) Nominated by nominating petition in accordance with	30147
section 3513.257 of the Revised Code. TheSuch a petition shall be	30148
filed on or before the seventy-fifth day before the day of the	30149
general election to provide sufficient time to verify the	30150
sufficiency and accuracy of signatures on it.	30151

(3) Certified to the secretary of state for placement on the	30152
presidential ballot by authorized officials of an intermediate or	30153
minor political party that has held a state or national convention	30154
for the purpose of choosing those candidates or that may, without	30155
a convention, certify those candidates in accordance with the	30156
procedure authorized by its party rules. The officials shall	30157
certify the names of those candidates to the secretary of state on	30158
or before the sixtieth day before the day of the general election.	30159
The certification shall be accompanied by a designation of a	30160
sufficient number of presidential electors to satisfy the	30161
requirements of law.	30162

The names of candidates for electors of president and	30163
vice-president shall not be placed on the ballot, but shall be	30164
certified to the secretary of state as required by sections	30165
3513.11 and 3513.257 of the Revised Code. The names of candidates	30166
for president and vice-president may be certified to the secretary	30167
of state, for placement on the presidential ballot, by authorized	30168
officials of an intermediate or minor political party which has	30169
held a state or national convention for the purpose of choosing	30170
such candidates, or which may, without convention, certify such	30171
candidates in accordance with the procedure authorized by its	30172
party rules. Certification to the secretary of state of such	30173
candidates shall be made on or before the seventy-fifth day before	30174
the day of the general election and shall be accompanied by	30175
designation of a sufficient number of presidential electors to	30176
satisfy the requirements of law. A vote for any of such candidates	30177
for president and vice-president shall be a vote for the electors	30178
of suchthose candidates whose names have been certified to the	30179
secretary of state.	30180

(C) The arrangement of the printing in each of suchthe	30181
enclosed rectangular spaces shall be substantially as follows:	30182
Near the top and centered within the rectangular space shall be	30183
printed "For President" in ten-point boldface upper and lower case	30184
type. Below "For President" shall be printed the name of the	30185
candidate for president in twelve-point boldface upper case type.	30186
Below the name of the candidate for president shall be printed the	30187
name of the political party by which suchthat candidate for	30188
president was nominated in eight-point lightface upper and lower	30189
case type. Below the name of such political party shall be printed	30190
"For Vice-President" in ten-point boldface upper and lower case	30191
type. Below "For Vice-President" shall be printed the name of the	30192
candidate for vice-president in twelve-point boldface upper case	30193
type. Below the name of the candidate for vice-president shall be	30194
printed the name of the political party by which suchthat	30195
candidate for vice-president was nominated in eight-point	30196
lightface upper and lower case type. No political identification	30197
or name of any political party shall be printed below the names of	30198
presidential and vice-presidential candidates nominated by	30199
petition.	30200

The rectangular spaces on the ballot described in this	30201
section shall be rotated and printed as provided in section	30202
3505.03 of the Revised Code.	30203

Sec. 3517.092.  (A) As used in this section:

30204

(1) "Appointing authority" has the same meaning as in section	30205
124.01 of the Revised Code.	30206

(2) "State elected officer" means any person appointed or	30207
elected to a state elective office.	30208

(3) "State elective office" means any of the offices of	30209
governor, lieutenant governor, secretary of state, auditor of	30210
state, treasurer of state, attorney general, member of the state	30211
board of education, member of the general assembly, and justice	30212
and chief justice of the supreme court.	30213

(4) "County elected officer" means any person appointed or	30214
elected to a county elective office.	30215

(5) "County elective office" means any of the offices of	30216
county auditor, county treasurer, clerk of the court of common	30217
pleas, sheriff, county recorder, county engineer, county	30218
commissioner, prosecuting attorney, and coroner.	30219

(6) "Contribution" includes a contribution to any political	30220
party, campaign committee, political action committee, political	30221
contributing entity, or legislative campaign fund.	30222

(B) No state elected officer, no campaign committee of such	30223
an officer, and no other person or entity shall knowingly solicit	30224
or accept a contribution on behalf of that officer or that	30225
officer's campaign committee from any of the following:	30226

(1) A state employee whose appointing authority is the state	30227
elected officer;	30228

(2) A state employee whose appointing authority is authorized	30229
or required by law to be appointed by the state elected officer;	30230

(3) A state employee who functions in or is employed in or by	30231
the same public agency, department, division, or office as the	30232
state elected officer.	30233

(C) No candidate for a state elective office, no campaign	30234
committee of such a candidate, and no other person or entity shall	30235
knowingly solicit or accept a contribution on behalf of that	30236
candidate or that candidate's campaign committee from any of the	30237
following:	30238

(1) A state employee at the time of the solicitation, whose	30239
appointing authority will be the candidate, if elected;	30240

(2) A state employee at the time of the solicitation, whose	30241
appointing authority will be appointed by the candidate, if	30242
elected, as authorized or required by law;	30243

(3) A state employee at the time of the solicitation, who	30244
will function in or be employed in or by the same public agency,	30245
department, division, or office as the candidate, if elected.	30246

(D) No county elected officer, no campaign committee of such	30247
an officer, and no other person or entity shall knowingly solicit	30248
a contribution on behalf of that officer or that officer's	30249
campaign committee from any of the following:	30250

(1) A county employee whose appointing authority is the	30251
county elected officer;	30252

(2) A county employee whose appointing authority is	30253
authorized or required by law to be appointed by the county	30254
elected officer;	30255

(3) A county employee who functions in or is employed in or	30256
by the same public agency, department, division, or office as the	30257
county elected officer.	30258

(E) No candidate for a county elective office, no campaign	30259
committee of such a candidate, and no other person or entity shall	30260
knowingly solicit a contribution on behalf of that candidate or	30261
that candidate's campaign committee from any of the following:	30262

(1) A county employee at the time of the solicitation, whose	30263
appointing authority will be the candidate, if elected;	30264

(2) A county employee at the time of the solicitation, whose	30265
appointing authority will be appointed by the candidate, if	30266
elected, as authorized or required by law;	30267

(3) A county employee at the time of the solicitation, who	30268
will function in or be employed in or by the same public agency,	30269
department, division, or office as the candidate, if elected.	30270

(F)(1) No public employee shall solicit a contribution from	30271
any person while the public employee is performing the public	30272
employee's official duties or in those areas of a public building	30273
where official business is transacted or conducted.	30274

(2) No person shall solicit a contribution from any public	30275
employee while the public employee is performing the public	30276
employee's official duties or is in those areas of a public	30277
building where official business is transacted or conducted.	30278

(3) As used in division (F) of this section, "public	30279
employee" does not include any person holding an elective office.	30280

(G) The prohibitions in divisions (B), (C), (D), (E), and (F)	30281
of this section are in addition to the prohibitions in sections	30282
124.57, 1553.09, 3304.22, and 4503.032 of the Revised Code.	30283

Sec. 3701.02.  There is hereby created a department of	30284
health. The department shall consist of a director of health and,	30285
a public health council, and the Ohio occupational therapy,	30286
physical therapy, and athletic trainers board.	30287

Sec. 3701.021.  (A) The public health council shall adopt, in	30288
accordance with Chapter 119. of the Revised Code, such rules as	30289
are necessary to carry out sections 3701.021 to 3701.0283701.0210	30290
of the Revised Code, including, but not limited to, rules to	30291
establish the following:	30292

(1) Medical and financial eligibility requirements for the	30293
program for medically handicapped children;	30294

(2) Eligibility requirements for providers of services for	30295
medically handicapped children;	30296

(3) Procedures to be followed by the department of health in	30297
disqualifying providers for violating requirements adopted under	30298
division (A)(2) of this section;	30299

(4) Procedures to be used by the department regarding	30300
application for diagnostic services under division (B) of section	30301
3701.023 of the Revised Code and payment for those services under	30302
division (E) of that section;	30303

(5) Standards for the provision of service coordination by	30304
the department of health and city and general health districts;	30305

(6) Procedures for the department to use to determine the	30306
amount to be paid annually by each county for services for	30307
medically handicapped children and to allow counties to retain	30308
funds under divisions (A)(2) and (3) of section 3701.024 of the	30309
Revised Code;	30310

(7) Financial eligibility requirements for services for Ohio	30311
residents twenty-one years of age or older who have cystic	30312
fibrosis;	30313

(8) Criteria for payment of approved providers who provide	30314
services for medically handicapped children;	30315

(9) Criteria for the department to use in determining whether	30316
the payment of health insurance premiums of participants in the	30317
program for medically handicapped children is cost-effective;	30318

(10) Procedures for appeal of denials of applications under	30319
divisions (A) and (D) of section 3701.023 of the Revised Code,	30320
disqualification of providers, and amounts paid for services;	30321

(11) Terms of appointment for members of the medically	30322
handicapped children's medical advisory council created in section	30323
3701.025 of the Revised Code;	30324

(12) Eligibility requirements for the hemophilia program,	30325
including income and hardship requirements.	30326

(B) The department of health shall develop a manual of	30327
operational procedures and guidelines for the program for	30328
medically handicapped children to implement sections 3701.021 to	30329
3701.0283701.0210 of the Revised Code.	30330

Sec. 3701.022.  As used in sections 3701.021 to 3701.028	30331
3701.0210 of the Revised Code:	30332

(A) "Medically handicapped child" means an Ohio resident	30333
under twenty-one years of age who suffers primarily from an	30334
organic disease, defect, or a congenital or acquired physically	30335
handicapping and associated condition that may hinder the	30336
achievement of normal growth and development.	30337

(B) "Provider" means a health professional, hospital, medical	30338
equipment supplier, and any individual, group, or agency that is	30339
approved by the department of health pursuant to division (C) of	30340
section 3701.023 of the Revised Code and that provides or intends	30341
to provide goods or services to a child who is eligible for the	30342
program for medically handicapped children.	30343

(C) "Service coordination" means case management services	30344
provided to medically handicapped children that promote effective	30345
and efficient organization and utilization of public and private	30346
resources and ensure that care rendered is family-centered,	30347
community-based, and coordinated.	30348

(D)(1) "Third party" means any person or government entity	30349
other than the following:	30350

(a) A medically handicapped child participating in the	30351
program for medically handicapped children or the child's parent	30352
or guardian;	30353

(b) The department or any program administered by the	30354
department, including the "Maternal and Child Health Block Grant,"	30355
Title V of the "Social Security Act," 95 Stat. 818 (1981), 42	30356
U.S.C.A. 701, as amended;	30357

(c) The "caring program for children" operated by the	30358
nonprofit community mutual insurance corporation.	30359

(2) "Third party" includes all of the following:

30360

(a) Any trust established to benefit a medically handicapped	30361
child participating in the program or the child's family or	30362
guardians, if the trust was established after the date the	30363
medically handicapped child applied to participate in the program;	30364

(b) That portion of a trust designated to pay for the medical	30365
and ancillary care of a medically handicapped child, if the trust	30366
was established on or before the date the medically handicapped	30367
child applied to participate in the program;	30368

(c) The program awarding reparations to victims of crime	30369
established under sections 2743.51 to 2743.72 of the Revised Code.	30370

(E) "Third-party benefits" means any and all benefits paid by	30371
a third party to or on behalf of a medically handicapped child	30372
participating in the program or the child's parent or guardian for	30373
goods or services that are authorized by the department pursuant	30374
to division (B) or (D) of section 3701.023 of the Revised Code.	30375

(F) "Hemophilia program" means the hemophilia program the	30376
department of health is required to establish and administer under	30377
section 3701.029 of the Revised Code.	30378

Sec. 3701.024.  (A)(1) Under a procedure established in rules	30379
adopted under section 3701.021 of the Revised Code, the department	30380
of health shall determine the amount each county shall provide	30381
annually for the program for medically handicapped children, based	30382
on a proportion of the county's total general property tax	30383
duplicate, not to exceed one-tenth of a mill through fiscal year	30384
2005 and three-tenths of a mill thereafter, and charge the county	30385
for any part of expenses incurred under the program for treatment	30386
services on behalf of medically handicapped children having legal	30387
settlement in the county that is not paid from federal funds or	30388
through the medical assistance program established under section	30389
5111.01 of the Revised Code. The department shall not charge the	30390
county for expenses exceeding the difference between the amount	30391
determined under division (A)(1) of this section and any amounts	30392
retained under divisions (A)(2) and (3) of this section.	30393

All amounts collected by the department under division (A)(1)	30394
of this section shall be deposited into the state treasury to the	30395
credit of the medically handicapped children-county assessment	30396
fund, which is hereby created. The fund shall be used by the	30397
department to comply with sections 3701.021 to 3701.028 of the	30398
Revised Code.	30399

(2) The department, in accordance with rules adopted under	30400
section 3701.021 of the Revised Code, may allow each county to	30401
retain up to ten per cent of the amount determined under division	30402
(A)(1) of this section to provide funds to city or general health	30403
districts of the county with which the districts shall provide	30404
service coordination, public health nursing, or transportation	30405
services for medically handicapped children.	30406

(3) In addition to any amount retained under division (A)(2)	30407
of this section, the department, in accordance with rules adopted	30408
under section 3701.021 of the Revised Code, may allow counties	30409
that it determines have significant numbers of potentially	30410
eligible medically handicapped children to retain an amount equal	30411
to the difference between:	30412

(a) Twenty-five per cent of the amount determined under	30413
division (A)(1) of this section;	30414

(b) Any amount retained under division (A)(2) of this	30415
section.	30416

Counties shall use amounts retained under division (A)(3) of	30417
this section to provide funds to city or general health districts	30418
of the county with which the districts shall conduct outreach	30419
activities to increase participation in the program for medically	30420
handicapped children.	30421

(4) Prior to any increase in the millage charged to a county,	30422
the public health council shall hold a public hearing on the	30423
proposed increase and shall give notice of the hearing to each	30424
board of county commissioners that would be affected by the	30425
increase at least thirty days prior to the date set for the	30426
hearing. Any county commissioner may appear and give testimony at	30427
the hearing. Any increase in the millage any county is required to	30428
provide for the program for medically handicapped children shall	30429
be determined, and notice of the amount of the increase shall be	30430
provided to each affected board of county commissioners, no later	30431
than the first day of June of the fiscal year next preceding the	30432
fiscal year in which the increase will take effect.	30433

(B) Each board of county commissioners shall establish a	30434
medically handicapped children's fund and shall appropriate	30435
thereto an amount, determined in accordance with division (A)(1)	30436
of this section, for the county's share in providing medical,	30437
surgical, and other aid to medically handicapped children residing	30438
in such county and for the purposes specified in divisions (A)(2)	30439
and (3) of this section. Each county shall use money retained	30440
under divisions (A)(2) and (3) of this section only for the	30441
purposes specified in those divisions.	30442

Sec. 3701.029. Subject to available funds, the department of	30443
health shall establish and administer a hemophilia program to	30444
provide payment of health insurance premiums for Ohio residents	30445
who meet all of the following requirements:	30446

(A) Have been diagnosed with hemophilia or a related bleeding	30447
disorder;	30448

(B) Are at least twenty-one years of age;

30449

(C) Meet the eligibility requirements established by rules	30450
adopted under division (A)(12) of section 3701.021 of the Revised	30451
Code.	30452

Sec. 3701.145.        Sec. 3701.0210.  The director of healthmedically	30453
handicapped children's medical advisory council shall establish	30454
appoint a hemophilia advisory councilsubcommittee to advise the	30455
director and the department of health and council on all matters	30456
pertaining to the care and treatment of persons with hemophilia.	30457
The councilThe duties of the subcommittee include, but are not	30458
limited to, the monitoring of care and treatment of children and	30459
adults who suffer from hemophilia or from other similar blood	30460
disorders.	30461

The subcommittee shall consist of not fewer than nineteen	30462
fifteen members, each of whom shall be appointed by the director	30463
to terms of four years. The members of the councilsubcommittee	30464
shall elect a chairperson from among the appointed membership to	30465
serve a term of two years. Members of the councilsubcommittee	30466
shall serve without compensation, except that they may be	30467
reimbursed for travel expenses to and from meetings of the council	30468
subcommittee.	30469

Members shall be appointed to represent all geographic areas	30470
of this state. Not fewer than five members of the council	30471
subcommittee shall be persons with hemophilia or family members of	30472
persons with hemophilia. Not fewer than five members shall be	30473
providers of health care services to persons with hemophilia. Not	30474
fewer than five members shall be experts in fields of importance	30475
to treatment of persons with hemophilia, including experts in	30476
infectious diseases, insurance, and law.	30477

The council shall submit to the director of health, the	30478
governor, and the general assembly, a report no later than the	30479
thirtieth day of September of each year summarizing the current	30480
status and needs of persons in this state with hemophilia and of	30481
family members of persons with hemophilia.	30482

Notwithstanding section 101.83 of the Revised Code, that	30483
section does not apply to the medically handicapped children's	30484
medical advisory council hemophilia advisory subcommittee, and the	30485
subcommittee shall not expire under that section.	30486

Sec. 3701.141.  (A) There is hereby created in the department	30487
of health the office of women's health initiativesprogram,	30488
consisting of the chief of the office and an administrative	30489
assistant. To the extent of available funds, other positions	30490
determined necessary and relevant by the director of health may be	30491
added. The administrative assistant and all other employees	30492
assigned to the office shall report to the chief and the chief to	30493
the director or the deputy specified by the director.	30494

(B) To the extent funds are available, the office of women's	30495
health initiativesprogram shall:	30496

(1) Identify, review, and assist the director in the	30497
coordination of programs and resources the department of health is	30498
committing to women's health concerns, including the department's	30499
women's and infants' program activities;	30500

(2) Advocate for women's health by requesting that the	30501
department conduct, sponsor, encourage, or fund research;	30502
establish additional programs regarding women's health concerns as	30503
needed; and monitor the research and program efforts;	30504

(3) Collect, classify, and store relevant research conducted	30505
by the department or other entities, and provide, unless otherwise	30506
prohibited by law, interested persons access to research results;	30507

(4) GenerateApply for grant activitiesopportunities.

30508

(C) Prior to the director's report to the governor on the	30509
department's biennial budget request, the office of women's health	30510
initiatives shall submit in writing to the director of health a	30511
biennial report of recommended programs, projects, and research to	30512
address critical issues in women's health.	30513

Sec. 3701.342.  After consultation with the public health	30514
standards task force established under section 3701.343 of the	30515
Revised Code, the public health council shall adopt rules	30516
establishing minimum standards and optimum achievable standards	30517
for boards of health and local health departments. The minimum	30518
standards shall assure that boards of health and local health	30519
departments provide for the following:	30520

(A) Analysis and prevention of communicable disease;

30521

(B) Analysis of the causes of, and appropriate treatment for,	30522
the leading causes of morbidity and mortality;	30523

(C) The administration and management of the local health	30524
department;	30525

(D) Access to primary health care by medically underserved	30526
individuals;	30527

(E) Environmental health management programs;

30528

(F) Health promotion services designed to encourage	30529
individual and community wellness.	30530

The public health council shall adopt rules establishing a	30531
formula for distribution of state health district subsidy funds to	30532
boards of health and local health departments. The formula shall	30533
provide no subsidy funds to a board or department unless it meets	30534
minimum standards and shall provide higher funding levels for	30535
boards and districts that meet optimum achievable standards.	30536

Notwithstanding section 119.03 of the Revised Code, rules	30537
adopted under this section shall not take effect unless approved	30538
by concurrent resolution of the general assembly.	30539

Sec. 3701.61. (A) The department of health shall establish	30540
the help me grow program for the purpose of encouraging early	30541
prenatal and well-baby care. The program shall include	30542
distributing subsidies to counties to provide the following	30543
services:	30544

(1) Home-visiting services to newborn infants and their	30545
families;	30546

(2) Services to infants and toddlers under three years of age	30547
who are at risk for, or who have, a developmental delay or	30548
disability and their families.	30549

(B) The department shall not provide home-visiting services	30550
under the help me grow program unless requested in writing by a	30551
parent of the infant or toddler.	30552

(C) Pursuant to Chapter 119. of the Revised Code, the	30553
department shall adopt rules that are necessary and proper to	30554
implement this section.	30555

Sec. 3701.82.  (A) A brazier, salamander, space heater, room	30556
heater, furnace, water heater, or other burner or heater using	30557
wood, coal, coke, fuel oil, kerosene, gasoline, natural gas,	30558
liquid petroleum gas, or similar fuel, and tending to give off	30559
carbon monoxide or other harmful gases:	30560

(1) When used in living quarters, or in any enclosed building	30561
or space in which persons are usually present, shall be used with	30562
a flue or vent so designed, installed, and maintained as to vent	30563
the products of combustion outdoors; except in storage, factory,	30564
or industrial buildings which are provided with sufficient	30565
ventilation to avoid the danger of carbon monoxide poisoning;	30566

(2) When used as a portable or temporary burner or heater at	30567
a construction site, or in a warehouse, shed, or structure in	30568
which persons are temporarily present, shall be vented as provided	30569
in division (A)(1) of this section, or used with sufficient	30570
ventilation to avoid the danger of carbon monoxide poisoning.	30571

(B) This section does not apply to domestic ranges, laundry	30572
stoves, gas logs installed in a fireplace with an adequate flue,	30573
or hot plates, unless the same are used as space or room heaters.	30574

(C) No person shall negligently use, or, being the owner,	30575
person in charge, or occupant of premises, negligently permit the	30576
use of a burner or heater in violation of the standards for	30577
venting and ventilation provided in this section.	30578

(D) Division (A) of this section does not apply to any	30579
kerosene-fired space or room heater that is equipped with an	30580
automatic extinguishing tip-over device, or to any natural	30581
gas-fired or liquid petroleum gas-fired space or room heater that	30582
is equipped with an oxygen depletion safety shutoff system, and	30583
that has its fuel piped from a source outside of the building in	30584
which it is located, that are approved by an authoritative source	30585
recognized by the state fire marshal in the state fire code	30586
adopted by him under section 3737.82 of the Revised Code.	30587

(E) The state fire marshal may make rules to ensure the safe	30588
use of unvented kerosene, natural gas, or liquid petroleum gas	30589
heaters exempted from division (A) of this section when used in	30590
assembly buildings, business buildings, high hazard buildings,	30591
institutional buildings, mercantile buildings, and type R-1 and	30592
R-2 residential buildings, as these groups of buildings are	30593
defined in rules adopted by the board of building and fire	30594
standards under section 3781.10 of the Revised Code. No person	30595
shall negligently use, or, being the owner, person in charge, or	30596
occupant of premises, negligently permit the use of a heater in	30597
violation of any rules adopted under this division.	30598

(F) The state fire marshal may make rules prescribing	30599
standards for written instructions containing ventilation	30600
requirements and warning of any potential fire hazards that may	30601
occur in using a kerosene, natural gas, or liquid petroleum gas	30602
heater. No person shall sell or offer for sale any kerosene,	30603
natural gas, or liquid petroleum gas heater unless the	30604
manufacturer provides with the heater written instructions that	30605
comply with any rules adopted under this division.	30606

(G) No product labeled as a fuel additive for kerosene	30607
heaters and having a flash point below one hundred degrees	30608
fahrenheit or thirty-seven and eight-tenths degrees centigrade	30609
shall be sold, offered for sale, or used in any kerosene space	30610
heater.	30611

(H) No device that prohibits any safety feature on a	30612
kerosene, natural gas, or liquid petroleum gas space heater from	30613
operating shall be sold, offered for sale, or used in connection	30614
with any kerosene, natural gas, or liquid petroleum gas space	30615
heater.	30616

(I) No person shall sell or offer for sale any	30617
kerosene-fired, natural gas, or liquid petroleum gas-fired heater	30618
that is not exempt from division (A) of this section unless it is	30619
marked conspicuously by the manufacturer on the container with the	30620
phrase "Not Approved For Home Use."	30621

(J) No person shall use a cabinet-type, liquid petroleum	30622
gas-fired heater having a fuel source within the heater, inside	30623
any building, except as permitted by the state fire marshal in the	30624
state fire code adopted by him under section 3737.82 of the	30625
Revised Code.	30626

Sec. 3701.83.  (A) There is hereby created in the state	30627
treasury the general operations fund. Moneys in the fund shall be	30628
used for the purposes specified in sections 3701.04, 3701.344,	30629
3701.88, 3702.20, 3710.15, 3711.021, 3717.45, 3721.02, 3722.04,	30630
3733.04, 3733.25, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12,	30631
3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09 of the	30632
Revised Code.	30633

(B) The alcohol testing program fund is hereby created in the	30634
state treasury. The director of health shall use the fund to	30635
administer and enforce the alcohol testing and permit program	30636
authorized by section 3701.143 of the Revised Code.	30637

The fund shall receive transfers from the liquor control fund	30638
created under section 4301.12 of the Revised Code. All investment	30639
earnings of the alcohol testing program fund shall be credited to	30640
the fund.	30641

Sec. 3701.881.  (A) As used in this section:

30642

(1) "Applicant" means both of the following:

30643

(a) A person who is under final consideration for appointment	30644
or employment with a home health agency in a position as a person	30645
responsible for the care, custody, or control of a child;	30646

(b) A person who is under final consideration for employment	30647
with a home health agency in a full-time, part-time, or temporary	30648
position that involves providing direct care to an older adult.	30649
With regard to persons providing direct care to older adults,	30650
"applicant" does not include a person who provides direct care as	30651
a volunteer without receiving or expecting to receive any form of	30652
remuneration other than reimbursement for actual expenses.	30653

(2) "Criminal records check" and "older adult" have the same	30654
meanings as in section 109.572 of the Revised Code.	30655

(3) "Home health agency" has the same meaning as in section	30656
3701.88 of the Revised Codemeans a person or government entity,	30657
other than a nursing home, residential care facility, or hospice	30658
care program, that has the primary function of providing any of	30659
the following services to a patient at a place of residence used	30660
as the patient's home:	30661

(a) Skilled nursing care;

30662

(b) Physical therapy;

30663

(c) Speech-language pathology;

30664

(d) Occupational therapy;

30665

(e) Medical social services;

30666

(f) Home health aide services.

30667

(4) "Home health aide services" means any of the following	30668
services provided by an individual employed with or contracted for	30669
by a home health agency:	30670

(a) Hands-on bathing or assistance with a tub bath or shower;

30671

(b) Assistance with dressing, ambulation, and toileting;

30672

(c) Catheter care but not insertion;

30673

(d) Meal preparation and feeding.

30674

(5) "Hospice care program" has the same meaning as in section	30675
3712.01 of the Revised Code.	30676

(6) "Medical social services" means services provided by a	30677
social worker under the direction of a patient's attending	30678
physician.	30679

(7) "Minor drug possession offense" has the same meaning as	30680
in section 2925.01 of the Revised Code.	30681

(8) "Nursing home," "residential care facility," and "skilled	30682
nursing care" have the same meanings as in section 3721.01 of the	30683
Revised Code.	30684

(9) "Occupational therapy" has the same meaning as in section	30685
4755.01 of the Revised Code.	30686

(10) "Physical therapy" has the same meaning as in section	30687
4755.40 of the Revised Code.	30688

(11) "Social worker" means a person licensed under Chapter	30689
4757. of the Revised Code to practice as a social worker or	30690
independent social worker.	30691

(12) "Speech-language pathology" has the same meaning as in	30692
section 4753.01 of the Revised Code.	30693

(B)(1) Except as provided in division (I) of this section,	30694
the chief administrator of a home health agency shall request the	30695
superintendent of the bureau of criminal identification and	30696
investigation to conduct a criminal records check with respect to	30697
each applicant. If the position may involve both responsibility	30698
for the care, custody, or control of a child and provision of	30699
direct care to an older adult, the chief administrator shall	30700
request that the superintendent conduct a single criminal records	30701
check for the applicant. If an applicant for whom a criminal	30702
records check request is required under this division does not	30703
present proof of having been a resident of this state for the	30704
five-year period immediately prior to the date upon which the	30705
criminal records check is requested or does not provide evidence	30706
that within that five-year period the superintendent has requested	30707
information about the applicant from the federal bureau of	30708
investigation in a criminal records check, the chief administrator	30709
shall request that the superintendent obtain information from the	30710
federal bureau of investigation as a part of the criminal records	30711
check for the applicant. Even if an applicant for whom a criminal	30712
records check request is required under this division presents	30713
proof that the applicant has been a resident of this state for	30714
that five-year period, the chief administrator may request that	30715
the superintendent include information from the federal bureau of	30716
investigation in the criminal records check.	30717

(2) Any person required by division (B)(1) of this section to	30718
request a criminal records check shall provide to each applicant	30719
for whom a criminal records check request is required under that	30720
division a copy of the form prescribed pursuant to division (C)(1)	30721
of section 109.572 of the Revised Code and a standard impression	30722
sheet prescribed pursuant to division (C)(2) of section 109.572 of	30723
the Revised Code, obtain the completed form and impression sheet	30724
from each applicant, and forward the completed form and impression	30725
sheet to the superintendent of the bureau of criminal	30726
identification and investigation at the time the chief	30727
administrator requests a criminal records check pursuant to	30728
division (B)(1) of this section.	30729

(3) An applicant who receives pursuant to division (B)(2) of	30730
this section a copy of the form prescribed pursuant to division	30731
(C)(1) of section 109.572 of the Revised Code and a copy of an	30732
impression sheet prescribed pursuant to division (C)(2) of that	30733
section and who is requested to complete the form and provide a	30734
set of fingerprint impressions shall complete the form or provide	30735
all the information necessary to complete the form and shall	30736
provide the impression sheets with the impressions of the	30737
applicant's fingerprints. If an applicant, upon request, fails to	30738
provide the information necessary to complete the form or fails to	30739
provide fingerprint impressions, the home health agency shall not	30740
employ that applicant for any position for which a criminal	30741
records check is required by division (B)(1) of this section.	30742

(C)(1) Except as provided in rules adopted by the department	30743
of health in accordance with division (F) of this section and	30744
subject to division (C)(3) of this section, no home health agency	30745
shall employ a person as a person responsible for the care,	30746
custody, or control of a child if the person previously has been	30747
convicted of or pleaded guilty to any of the following:	30748

(a) A violation of section 2903.01, 2903.02, 2903.03,	30749
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	30750
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	30751
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	30752
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	30753
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	30754
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	30755
2925.06, or 3716.11 of the Revised Code, a violation of section	30756
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	30757
violation of section 2919.23 of the Revised Code that would have	30758
been a violation of section 2905.04 of the Revised Code as it	30759
existed prior to July 1, 1996, had the violation been committed	30760
prior to that date, a violation of section 2925.11 of the Revised	30761
Code that is not a minor drug possession offense, or felonious	30762
sexual penetration in violation of former section 2907.12 of the	30763
Revised Code;	30764

(b) A violation of an existing or former law of this state,	30765
any other state, or the United States that is substantially	30766
equivalent to any of the offenses listed in division (C)(1)(a) of	30767
this section.	30768

(2) Except as provided in rules adopted by the department of	30769
health in accordance with division (F) of this section and subject	30770
to division (C)(3) of this section, no home health agency shall	30771
employ a person in a position that involves providing direct care	30772
to an older adult if the person previously has been convicted of	30773
or pleaded guilty to any of the following:	30774

(a) A violation of section 2903.01, 2903.02, 2903.03,	30775
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	30776
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	30777
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	30778
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	30779
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	30780
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	30781
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	30782
2925.22, 2925.23, or 3716.11 of the Revised Code.	30783

(b) A violation of an existing or former law of this state,	30784
any other state, or the United States that is substantially	30785
equivalent to any of the offenses listed in division (C)(2)(a) of	30786
this section.	30787

(3)(a) A home health agency may employ conditionally an	30788
applicant for whom a criminal records check request is required	30789
under division (B) of this section as a person responsible for the	30790
care, custody, or control of a child until the criminal records	30791
check regarding the applicant required by this section is	30792
completed and the agency receives the results of the criminal	30793
records check. If the results of the criminal records check	30794
indicate that, pursuant to division (C)(1) of this section, the	30795
applicant does not qualify for employment, the agency shall	30796
release the applicant from employment unless the agency chooses to	30797
employ the applicant pursuant to division (F) of this section.	30798

(b)(i) A home health agency may employ conditionally an	30799
applicant for whom a criminal records check request is required	30800
under division (B) of this section in a position that involves	30801
providing direct care to an older adult or in a position that	30802
involves both responsibility for the care, custody, and control of	30803
a child and the provision of direct care to older adults prior to	30804
obtaining the results of a criminal records check regarding the	30805
individual, provided that the agency shall request a criminal	30806
records check regarding the individual in accordance with division	30807
(B)(1) of this section not later than five business days after the	30808
individual begins conditional employment. In the circumstances	30809
described in division (I)(2) of this section, a home health agency	30810
may employ conditionally in a position that involves providing	30811
direct care to an older adult an applicant who has been referred	30812
to the home health agency by an employment service that supplies	30813
full-time, part-time, or temporary staff for positions involving	30814
the direct care of older adults and for whom, pursuant to that	30815
division, a criminal records check is not required under division	30816
(B) of this section. In the circumstances described in division	30817
(I)(4) of this section, a home health agency may employ	30818
conditionally in a position that involves both responsibility for	30819
the care, custody, and control of a child and the provision of	30820
direct care to older adults an applicant who has been referred to	30821
the home health agency by an employment service that supplies	30822
full-time, part-time, or temporary staff for positions involving	30823
both responsibility for the care, custody, and control of a child	30824
and the provision of direct care to older adults and for whom,	30825
pursuant to that division, a criminal records check is not	30826
required under division (B) of this section.	30827

(ii) A home health agency that employs an individual	30828
conditionally under authority of division (C)(3)(b)(i) of this	30829
section shall terminate the individual's employment if the results	30830
of the criminal records check requested under division (B)(1) of	30831
this section or described in division (I)(2) or (4) of this	30832
section, other than the results of any request for information	30833
from the federal bureau of investigation, are not obtained within	30834
the period ending sixty days after the date the request is made.	30835
Regardless of when the results of the criminal records check are	30836
obtained, if the individual was employed conditionally in a	30837
position that involves the provision of direct care to older	30838
adults and the results indicate that the individual has been	30839
convicted of or pleaded guilty to any of the offenses listed or	30840
described in division (C)(2) of this section, or if the individual	30841
was employed conditionally in a position that involves both	30842
responsibility for the care, custody, and control of a child and	30843
the provision of direct care to older adults and the results	30844
indicate that the individual has been convicted of or pleaded	30845
guilty to any of the offenses listed or described in division	30846
(C)(1) or (2) of this section, the agency shall terminate the	30847
individual's employment unless the agency chooses to employ the	30848
individual pursuant to division (F) of this section. Termination	30849
of employment under this division shall be considered just cause	30850
for discharge for purposes of division (D)(2) of section 4141.29	30851
of the Revised Code if the individual makes any attempt to deceive	30852
the agency about the individual's criminal record.	30853

(D)(1) Each home health agency shall pay to the bureau of	30854
criminal identification and investigation the fee prescribed	30855
pursuant to division (C)(3) of section 109.572 of the Revised Code	30856
for each criminal records check conducted in accordance with that	30857
section upon the request pursuant to division (B)(1) of this	30858
section of the chief administrator of the home health agency.	30859

(2) A home health agency may charge an applicant a fee for	30860
the costs it incurs in obtaining a criminal records check under	30861
this section, unless the medical assistance program established	30862
under Chapter 5111. of the Revised Code reimburses the agency for	30863
the costs. A fee charged under division (D)(2) of this section	30864
shall not exceed the amount of fees the agency pays under division	30865
(D)(1) of this section. If a fee is charged under division (D)(2)	30866
of this section, the agency shall notify the applicant at the time	30867
of the applicant's initial application for employment of the	30868
amount of the fee and that, unless the fee is paid, the agency	30869
will not consider the applicant for employment.	30870

(E) The report of any criminal records check conducted by the	30871
bureau of criminal identification and investigation in accordance	30872
with section 109.572 of the Revised Code and pursuant to a request	30873
made under division (B)(1) of this section is not a public record	30874
for the purposes of section 149.43 of the Revised Code and shall	30875
not be made available to any person other than the following:	30876

(1) The individual who is the subject of the criminal records	30877
check or the individual's representative;	30878

(2) The home health agency requesting the criminal records	30879
check or its representative;	30880

(3) The administrator of any other facility, agency, or	30881
program that provides direct care to older adults that is owned or	30882
operated by the same entity that owns or operates the home health	30883
agency;	30884

(4) Any court, hearing officer, or other necessary individual	30885
involved in a case dealing with a denial of employment of the	30886
applicant or dealing with employment or unemployment benefits of	30887
the applicant;	30888

(5) Any person to whom the report is provided pursuant to,	30889
and in accordance with, division (I)(1), (2), (3), or (4) of this	30890
section.	30891

(F) The department of health shall adopt rules in accordance	30892
with Chapter 119. of the Revised Code to implement this section.	30893
The rules shall specify circumstances under which the home health	30894
agency may employ a person who has been convicted of or pleaded	30895
guilty to an offense listed or described in division (C)(1) of	30896
this section but who meets standards in regard to rehabilitation	30897
set by the department or employ a person who has been convicted of	30898
or pleaded guilty to an offense listed or described in division	30899
(C)(2) of this section but meets personal character standards set	30900
by the department.	30901

(G) Any person required by division (B)(1) of this section to	30902
request a criminal records check shall inform each person, at the	30903
time of initial application for employment that the person is	30904
required to provide a set of fingerprint impressions and that a	30905
criminal records check is required to be conducted and	30906
satisfactorily completed in accordance with section 109.572 of the	30907
Revised Code if the person comes under final consideration for	30908
appointment or employment as a precondition to employment for that	30909
position.	30910

(H) In a tort or other civil action for damages that is	30911
brought as the result of an injury, death, or loss to person or	30912
property caused by an individual who a home health agency employs	30913
in a position that involves providing direct care to older adults,	30914
all of the following shall apply:	30915

(1) If the agency employed the individual in good faith and	30916
reasonable reliance on the report of a criminal records check	30917
requested under this section, the agency shall not be found	30918
negligent solely because of its reliance on the report, even if	30919
the information in the report is determined later to have been	30920
incomplete or inaccurate;	30921

(2) If the agency employed the individual in good faith on a	30922
conditional basis pursuant to division (C)(3)(b) of this section,	30923
the agency shall not be found negligent solely because it employed	30924
the individual prior to receiving the report of a criminal records	30925
check requested under this section;	30926

(3) If the agency in good faith employed the individual	30927
according to the personal character standards established in rules	30928
adopted under division (F) of this section, the agency shall not	30929
be found negligent solely because the individual prior to being	30930
employed had been convicted of or pleaded guilty to an offense	30931
listed or described in division (C)(1) or (2) of this section.	30932

(I)(1) The chief administrator of a home health agency is not	30933
required to request that the superintendent of the bureau of	30934
criminal identification and investigation conduct a criminal	30935
records check of an applicant for a position that involves the	30936
provision of direct care to older adults if the applicant has been	30937
referred to the agency by an employment service that supplies	30938
full-time, part-time, or temporary staff for positions involving	30939
the direct care of older adults and both of the following apply:	30940

(a) The chief administrator receives from the employment	30941
service or the applicant a report of the results of a criminal	30942
records check regarding the applicant that has been conducted by	30943
the superintendent within the one-year period immediately	30944
preceding the applicant's referral;	30945

(b) The report of the criminal records check demonstrates	30946
that the person has not been convicted of or pleaded guilty to an	30947
offense listed or described in division (C)(2) of this section, or	30948
the report demonstrates that the person has been convicted of or	30949
pleaded guilty to one or more of those offenses, but the home	30950
health agency chooses to employ the individual pursuant to	30951
division (F) of this section.	30952

(2) The chief administrator of a home health agency is not	30953
required to request that the superintendent of the bureau of	30954
criminal identification and investigation conduct a criminal	30955
records check of an applicant for a position that involves	30956
providing direct care to older adults and may employ the applicant	30957
conditionally in a position of that nature as described in this	30958
division, if the applicant has been referred to the agency by an	30959
employment service that supplies full-time, part-time, or	30960
temporary staff for positions involving the direct care of older	30961
adults and if the chief administrator receives from the employment	30962
service or the applicant a letter from the employment service that	30963
is on the letterhead of the employment service, dated, and signed	30964
by a supervisor or another designated official of the employment	30965
service and that states that the employment service has requested	30966
the superintendent to conduct a criminal records check regarding	30967
the applicant, that the requested criminal records check will	30968
include a determination of whether the applicant has been	30969
convicted of or pleaded guilty to any offense listed or described	30970
in division (C)(2) of this section, that, as of the date set forth	30971
on the letter, the employment service had not received the results	30972
of the criminal records check, and that, when the employment	30973
service receives the results of the criminal records check, it	30974
promptly will send a copy of the results to the home health	30975
agency. If a home health agency employs an applicant conditionally	30976
in accordance with this division, the employment service, upon its	30977
receipt of the results of the criminal records check, promptly	30978
shall send a copy of the results to the home health agency, and	30979
division (C)(3)(b) of this section applies regarding the	30980
conditional employment.	30981

(3) The chief administrator of a home health agency is not	30982
required to request that the superintendent of the bureau of	30983
criminal identification and investigation conduct a criminal	30984
records check of an applicant for a position that involves both	30985
responsibility for the care, custody, and control of a child and	30986
the provision of direct care to older adults if the applicant has	30987
been referred to the agency by an employment service that supplies	30988
full-time, part-time, or temporary staff for positions involving	30989
both responsibility for the care, custody, and control of a child	30990
and the provision of direct care to older adults and both of the	30991
following apply:	30992

(a) The chief administrator receives from the employment	30993
service or applicant a report of a criminal records check of the	30994
type described in division (I)(1)(a) of this section;	30995

(b) The report of the criminal records check demonstrates	30996
that the person has not been convicted of or pleaded guilty to an	30997
offense listed or described in division (C)(1) or (2) of this	30998
section, or the report demonstrates that the person has been	30999
convicted of or pleaded guilty to one or more of those offenses,	31000
but the home health agency chooses to employ the individual	31001
pursuant to division (F) of this section.	31002

(4) The chief administrator of a home health agency is not	31003
required to request that the superintendent of the bureau of	31004
criminal identification and investigation conduct a criminal	31005
records check of an applicant for a position that involves both	31006
responsibility for the care, custody, and control of a child and	31007
the provision of direct care to older adults and may employ the	31008
applicant conditionally in a position of that nature as described	31009
in this division, if the applicant has been referred to the agency	31010
by an employment service that supplies full-time, part-time, or	31011
temporary staff for positions involving both responsibility for	31012
the care, custody, and control of a child and the direct care of	31013
older adults and if the chief administrator receives from the	31014
employment service or the applicant a letter from the employment	31015
service that is on the letterhead of the employment service,	31016
dated, and signed by a supervisor or another designated official	31017
of the employment service and that states that the employment	31018
service has requested the superintendent to conduct a criminal	31019
records check regarding the applicant, that the requested criminal	31020
records check will include a determination of whether the	31021
applicant has been convicted of or pleaded guilty to any offense	31022
listed or described in division (C)(1) or (2) of this section,	31023
that, as of the date set forth on the letter, the employment	31024
service had not received the results of the criminal records	31025
check, and that, when the employment service receives the results	31026
of the criminal records check, it promptly will send a copy of the	31027
results to the home health agency. If a home health agency employs	31028
an applicant conditionally in accordance with this division, the	31029
employment service, upon its receipt of the results of the	31030
criminal records check, promptly shall send a copy of the results	31031
to the home health agency, and division (C)(3)(b) of this section	31032
applies regarding the conditional employment.	31033

Sec. 3701.99.  (A) Whoever violates section 3701.25 of the	31034
Revised Code is guilty of a minor misdemeanor on a first offense;	31035
on each subsequent offense, the person is guilty of a misdemeanor	31036
of the second degree.	31037

(B) Whoever violates division (I) of section 3701.262,	31038
division (D) of section 3701.263, or section 3701.352 or sections	31039
3701.46 to 3701.55 of the Revised Code is guilty of a minor	31040
misdemeanor on a first offense; on each subsequent offense, the	31041
person is guilty of a misdemeanor of the fourth degree.	31042

(C) Whoever violates section 3701.82 of the Revised Code is	31043
guilty of a misdemeanor of the first degree.	31044

(D) Whoever violates section 3701.81 of the Revised Code is	31045
guilty of a misdemeanor of the second degree.	31046

(E) Whoever violates division (G) of section 3701.88 of the	31047
Revised Code shall be fined not more than one hundred dollars.	31048
Each day the violation continues is a separate offense.	31049

Sec. 3702.31.  (A) The quality monitoring and inspection fund	31050
is hereby created in the state treasury. The director of health	31051
shall use the fund to administer and enforce this section and	31052
sections 3702.11 to 3702.20, 3702.30, and 3702.32 of the Revised	31053
Code and rules adopted pursuant to those sections. The director	31054
shall deposit in the fund any moneys collected pursuant to this	31055
section or section 3702.32 of the Revised Code. All investment	31056
earnings of the fund shall be credited to the fund.	31057

(B) The director of health shall adopt rules pursuant to	31058
Chapter 119. of the Revised Code establishing fees for both of the	31059
following:	31060

(1) Initial and renewal license applications submitted under	31061
section 3702.30 of the Revised Code. The fees established under	31062
division (B)(1) of this section shall not exceed the actual and	31063
necessary costs of performing the activities described in division	31064
(A) of this section.	31065

(2) Inspections conducted under section 3702.15 or 3702.30 of	31066
the Revised Code. The fees established under division (B)(2) of	31067
this section shall not exceed the actual and necessary costs	31068
incurred during an inspection, including any indirect costs	31069
incurred by the department for staff, salary, or other	31070
administrative costs. The director of health shall provide to each	31071
health care facility or provider inspected pursuant to section	31072
3702.15 or 3702.30 of the Revised Code a written statement of the	31073
fee. The statement shall itemize and total the costs incurred.	31074
Within fifteen days after receiving a statement from the director,	31075
the facility or provider shall forward the total amount of the fee	31076
to the director.	31077

(3) The fees described in divisions (B)(1) and (2) of this	31078
section shall meet both of the following requirements:	31079

(a) For each service described in section 3702.11 of the	31080
Revised Code, the fee shall not exceed one thousand twoseven	31081
hundred fifty dollars annually, except that the total fees charged	31082
to a health care provider under this section shall not exceed five	31083
thousand dollars annually.	31084

(b) The fee shall exclude any costs reimbursable by the	31085
United States health care financing administration as part of the	31086
certification process for the medicare program established under	31087
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	31088
U.S.C.A. 301, as amended, and the medicaid program established	31089
under Title XIX of that act.	31090

(4) The director shall not establish a fee for any service	31091
for which a licensure or inspection fee is paid by the health care	31092
provider to a state agency for the same or similar licensure or	31093
inspection.	31094

Sec. 3702.529.  (A) A person granted a nonreviewability	31095
ruling prior to April 20, 1995, may implement the activity for	31096
which the ruling was issued in accordance with the information	31097
provided to the director of health in the request for the ruling,	31098
notwithstanding the amendments to sections 3702.51 to 3702.62 of	31099
the Revised Code by Amended Substitute Senate Bill No. 50 and	31100
Amended Substitute Senate Bill No. 156, both of the 121st general	31101
assembly. A person granted a certificate of need or	31102
nonreviewability ruling prior to that date is not required to file	31103
a notice of intent under section 3702.581 of the Revised Code, as	31104
that section existed prior to the effective date of this	31105
amendment, with respect to the activity for which the certificate	31106
or ruling was issued.	31107

(B) A certificate of need is not required for any person to	31108
add a cardiac catheterization laboratory to an existing cardiac	31109
catheterization service, as described in division (R)(11) of	31110
section 3702.51 of the Revised Code, if the person, prior to the	31111
effective date of this sectionJune30, 1995, filed a notice of	31112
intent under section 3702.581 of the Revised Code, as that section	31113
existed prior to the effective date of this amendment, to do so.	31114
However, the exemption provided by this division expires six	31115
months after the effective date of this sectionJune30, 1995,	31116
unless the person has taken action to implement the addition by	31117
taking the applicable action listed in divisions (A)(1) to (6) of	31118
section 3702.525 of the Revised Code and provides the director	31119
with written documentation that action has been taken.	31120

(C) The director shall issue a reviewability ruling, in	31121
accordance with the version of section 3702.528 of the Revised	31122
Code in effect immediately prior to the effective date of this	31123
sectionJune30, 1995, to any hospital that requested one prior to	31124
that date concerning a relocation of any of the following to	31125
another hospital in the same or a different metropolitan	31126
statistical area:	31127

(1) Obstetric or newborn care beds registered under section	31128
3701.07 of the Revised Code as level II or III beds;	31129

(2) Pediatric intensive care beds;

31130

(3) A health service specified in division (R)(1) of section	31131
3702.51 of the Revised Code.	31132

A certificate of need is not required to conduct such a	31133
relocation for which the director has issued a nonreviewability	31134
ruling. However, the exemption provided by this division expires	31135
six months after the effective date of this sectionJune30, 1995,	31136
unless the hospital has taken action to implement the relocation	31137
by taking the applicable action listed in divisions (A)(1) to (6)	31138
of section 3702.525 of the Revised Code and provides the director	31139
with written documentation that action has been taken.	31140

The director shall not issue a reviewability ruling requested	31141
under the previous version of section 3702.528 of the Revised Code	31142
concerning a relocation of long-term care beds.	31143

(D) A certificate of need is not required to relocate	31144
existing health services from one hospital to another, as	31145
described in division (T) of the version of section 3702.51 of the	31146
Revised Code in effect immediately prior to the effective date of	31147
this sectionJune30, 1995, if the hospitals filed the notice of	31148
intent required by division (T)(2) of that version prior to the	31149
effective date of this amendmentJune30, 1995, and comply with	31150
divisions (T)(1) and (T)(3) to (6) of that version.	31151

Sec. 3702.53.  (A) No person shall carry out any reviewable	31152
activity unless a certificate of need for such activity has been	31153
granted under sections 3702.51 to 3702.62 of the Revised Code or	31154
the person is exempted by division (T) of section 3702.51 or	31155
section 3702.527, 3702.528, 3702.529, 3702.5210, or 3702.62 of the	31156
Revised Code from the requirement that a certificate of need be	31157
obtained. No person shall carry out any reviewable activity if a	31158
certificate of need authorizing that activity has been withdrawn	31159
by the director of health under section 3702.52 or 3702.526 of the	31160
Revised Code. No person shall carry out a reviewable activity if	31161
the certificate of need authorizing that activity is void pursuant	31162
to section 3702.524 of the Revised Code or has expired pursuant to	31163
section 3702.525 of the Revised Code.	31164

(B) No person shall separate portions of any proposal for any	31165
reviewable activity to evade the requirements of sections 3702.51	31166
to 3702.62 of the Revised Code.	31167

(C) No person granted a certificate of need shall carry out	31168
the reviewable activity authorized by the certificate of need	31169
other than in substantial accordance with the approved application	31170
for the certificate of need.	31171

(D) No person shall fail to file a notice required by section	31172
3702.581 of the Revised Code.	31173

Sec. 3702.532.  When the director of health determines that a	31174
person has violated section 3702.53 of the Revised Code, the	31175
director shall send a notice to the person by certified mail,	31176
return receipt requested, specifying the activity constituting the	31177
violation and the penalties imposed under section 3702.54,	31178
3702.541, or 3702.542, or 3702.543 of the Revised Code.	31179

Sec. 3702.54.  Except as provided in sections 3702.541,and	31180
3702.542, and former section 3702.543 of the Revised Code,	31181
divisions (A) and (B) of this section apply when the director of	31182
health determines that a person has violated section 3702.53 of	31183
the Revised Code.	31184

(A) The director shall impose a civil penalty on the person	31185
in an amount equal to the greatest of the following:	31186

(1) Three thousand dollars;

31187

(2) Five per cent of the operating cost of the activity that	31188
constitutes the violation during the period of time it was	31189
conducted in violation of section 3702.53 of the Revised Code;	31190

(3) Two per cent of the total capital cost associated with	31191
implementation of the activity.	31192

In no event, however, shall the penalty exceed two hundred	31193
fifty thousand dollars.	31194

(B)(1) Notwithstanding section 3702.52 of the Revised Code,	31195
the director shall refuse to accept for review any application for	31196
a certificate of need filed by or on behalf of the person, or any	31197
successor to the person or entity related to the person, for a	31198
period of not less than one year and not more than three years	31199
after hethe director mails the notice of histhe director's	31200
determination under section 3702.532 of the Revised Code or, if	31201
histhe determination is appealed under section 3702.60 of the	31202
Revised Code, the issuance of the order upholding histhe	31203
determination that is not subject to further appeal. In	31204
determining the length of time during which he will not accept	31205
applications will not be accepted, the director may consider any	31206
of the following:	31207

(a) The nature and magnitude of the violation;

31208

(b) The ability of the person to have averted the violation;

31209

(c) Whether the person disclosed the violation to the	31210
director before the director commenced his investigation;	31211

(d) The person's history of compliance with sections 3702.51	31212
to 3702.62 and the rules adopted under section 3702.57 of the	31213
Revised Code;	31214

(e) Any community hardship that may result from refusing to	31215
accept future applications from the person.	31216

(2) Notwithstanding the one-year minimum imposed by division	31217
(B)(1) of this section, the director may establish a period of	31218
less than one year during which hethe director will refuse to	31219
accept certificate of need applications if, after reviewing all	31220
information available to himthe director, hethe director	31221
determines and expressly indicates in the notice mailed under	31222
section 3702.532 of the Revised Code that refusing to accept	31223
applications for a longer period would result in hardship to the	31224
community in which the person provides health services. The	31225
director's finding of community hardship shall not affect the	31226
granting or denial of any future certificate of need application	31227
filed by the person.	31228

Sec. 3702.544.  Each person required by section 3702.54,	31229
3702.541, or 3702.542, or former section 3702.543 of the Revised	31230
Code to pay a civil penalty shall do so not later than sixty days	31231
after receiving the notice mailed under section 3702.532 of the	31232
Revised Code or, if the person appeals under section 3702.60 of	31233
the Revised Code the director of health's determination that a	31234
violation has occurred, not later than sixty days after the	31235
issuance of an order upholding histhe director's determination	31236
that is not subject to further appeal. The civil penalties shall	31237
be paid to the director. The director shall deposit them into the	31238
certificate of need fund created by section 3702.52 of the Revised	31239
Code.	31240

Sec. 3702.55.  Except as provided in section 3702.542 of the	31241
Revised Code, a person that the director of health determines has	31242
violated section 3702.53 of the Revised Code shall cease	31243
conducting the activity that constitutes the violation or	31244
utilizing the equipment or facility resulting from the violation	31245
not later than thirty days after the person receives the notice	31246
mailed under section 3702.532 of the Revised Code or, if the	31247
person appeals the director's determination under section 3702.60	31248
of the Revised Code, thirty days after the person receives an	31249
order upholding the director's determination that is not subject	31250
to further appeal. A person that applies for a certificate of need	31251
as described in section 3702.542 of the Revised Code shall cease	31252
conducting the activity or using the equipment or facility in	31253
accordance with the timetable established by the director of	31254
health under that section.	31255

If any person determined to have violated section 3702.53 of	31256
the Revised Code fails to cease conducting an activity or using	31257
equipment or a facility as required by this section or a timetable	31258
established under section 3702.542 of the Revised Code, or if the	31259
person continues to seek payment or reimbursement for services	31260
rendered or costs incurred in conducting the activity as	31261
prohibited by section 3702.56 of the Revised Code, in addition to	31262
the penalties imposed under section 3702.54, 3702.541, or	31263
3702.542, or former section 3702.543 of the Revised Code:	31264

(A) The director of health may refuse to include any beds	31265
involved in the activity in the bed capacity of a hospital for	31266
purposes of registration under section 3701.07 of the Revised	31267
Code;	31268

(B) The director of health may refuse to license, or may	31269
revoke a license or reduce bed capacity previously granted to, a	31270
maternity boardinghouse or lying-in hospital under section 3711.02	31271
of the Revised Code; a hospice care program under section 3712.04	31272
of the Revised Code; a nursing home, rest home, or home for the	31273
aging under section 3721.02 of the Revised Code; or any beds	31274
within any of those facilities that are involved in the activity;	31275

(C) A political subdivision certified under section 3721.09	31276
of the Revised Code may refuse to license, or may revoke a license	31277
or reduce bed capacity previously granted to, a nursing home, rest	31278
home, or home for the aging, or any beds within any of those	31279
facilities that are involved in the activity;	31280

(D) The director of mental health may refuse to license under	31281
section 5119.20 of the Revised Code, or may revoke a license or	31282
reduce bed capacity previously granted to, a hospital receiving	31283
mentally ill persons or beds within such a hospital that are	31284
involved in the activity;	31285

(E) The department of job and family services may refuse to	31286
enter into a provider agreement that includes a facility, beds, or	31287
services that result from the activity.	31288

Sec. 3702.60.  (A) Any affected person may appeal a	31289
reviewability ruling issued on or after April 20, 1995, to the	31290
director of health in accordance with Chapter 119. of the Revised	31291
Code, and the director shall provide an adjudication hearing in	31292
accordance with that chapter. An affected person may appeal the	31293
director's ruling in the adjudication hearing to the tenth	31294
district court of appeals.	31295

(B) The certificate of need applicant or another affected	31296
person may appeal to the director in accordance with Chapter 119.	31297
of the Revised Code a decision issued by the director on or after	31298
April 20, 1995, to grant or deny a certificate of need application	31299
for which an adjudication hearing was not conducted under section	31300
3702.52 of the Revised Code, and the director shall provide an	31301
adjudication hearing in accordance with that chapter. The	31302
certificate of need applicant or an affected person that was a	31303
party to and participated in an adjudication hearing conducted	31304
under this division or section 3702.52 of the Revised Code may	31305
appeal to the tenth district court of appeals the decision issued	31306
by the director following the adjudication hearing. No person may	31307
appeal to the director or a court the director's granting of a	31308
certificate of need prior to the effective date of this amendment	31309
June30, 1995, under the version of section 3702.52 of the Revised	31310
Code in effect immediately prior to that date due to failure to	31311
submit timely written objections, no person may appeal to the	31312
director or a court the director's granting of a certificate of	31313
need under division (C)(1) or (2) of section 3702.52 of the	31314
Revised Code.	31315

(C) The certificate of need holder may appeal to the director	31316
in accordance with Chapter 119. of the Revised Code a decision	31317
issued by the director under section 3702.52 or 3702.526 of the	31318
Revised Code on or after April 20, 1995, to withdraw a certificate	31319
of need, and the director shall provide an adjudication hearing in	31320
accordance with that chapter. The person may appeal the director's	31321
ruling in the adjudication hearing to the tenth district court of	31322
appeals.	31323

(D) Any person determined by the director to have violated	31324
section 3702.53 of the Revised Code may appeal that determination,	31325
or the penalties imposed under section 3702.54, 3702.541, or	31326
3702.542, or former section 3702.543 of the Revised Code, to the	31327
director in accordance with Chapter 119. of the Revised Code, and	31328
the director shall provide an adjudication hearing in accordance	31329
with that chapter. The person may appeal the director's ruling in	31330
the adjudication hearing to the tenth district court of appeals.	31331

(E) Each person appealing under this section to the director	31332
shall file with the director, not later than thirty days after the	31333
decision, ruling, or determination of the director was mailed, a	31334
notice of appeal designating the decision, ruling, or	31335
determination appealed from.	31336

(F) Each person appealing under this section to the tenth	31337
district court of appeals shall file with the court, not later	31338
than thirty days after the date the director's adjudication order	31339
was mailed, a notice of appeal designating the order appealed	31340
from. The appellant also shall file notice with the director not	31341
later than thirty days after the date the order was mailed.	31342

(1) Not later than thirty days after receipt of the notice of	31343
appeal, the director shall prepare and certify to the court the	31344
complete record of the proceedings out of which the appeal arises.	31345
The expense of preparing and transcribing the record shall be	31346
taxed as part of the costs of the appeal. In the event that the	31347
record or a part thereof is not certified within the time	31348
prescribed by this division, the appellant may apply to the court	31349
for an order that the record be certified.	31350

(2) In hearing the appeal, the court shall consider only the	31351
evidence contained in the record certified to it by the director.	31352
The court may remand the matter to the director for the admission	31353
of additional evidence on a finding that the additional evidence	31354
is material, newly discovered, and could not with reasonable	31355
diligence have been ascertained before the hearing before the	31356
director. Except as otherwise provided by statute, the court shall	31357
give the hearing on the appeal preference over all other civil	31358
matters, irrespective of the position of the proceedings on the	31359
calendar of the court.	31360

(3) The court shall affirm the director's order if it finds,	31361
upon consideration of the entire record and any additional	31362
evidence admitted under division (F)(2) of this section, that the	31363
order is supported by reliable, probative, and substantial	31364
evidence and is in accordance with law. In the absence of such a	31365
finding, it shall reverse, vacate, or modify the order.	31366

(4) If the court determines that the director committed	31367
material procedural error, the court shall remand the matter to	31368
the director for further consideration or action.	31369

(G) The court may award reasonable attorney's fees against	31370
the appellant if it determines that the appeal was frivolous.	31371
Sections 119.092, 119.093, and 2335.39 of the Revised Code do not	31372
apply to adjudication hearings under this section or section	31373
3702.52 of the Revised Code and judicial appeals under this	31374
section.	31375

(H) No person may intervene in an appeal brought under this	31376
section.	31377

Sec. 3702.61.  In addition to the sanctions imposed under	31378
sections 3702.54, 3702.541, 3702.542, 3702.543, and 3702.55 and	31379
former section 3702.543 of the Revised Code, if any person	31380
violates section 3702.53 of the Revised Code, the attorney general	31381
may commence necessary legal proceedings in the court of common	31382
pleas of Franklin county to enjoin the person from such violation	31383
until the requirements of sections 3702.51 to 3702.62 of the	31384
Revised Code have been satisfied. At the request of the director	31385
of health, the attorney general shall commence any necessary	31386
proceedings. The court has jurisdiction to grant and, on a showing	31387
of a violation, shall grant appropriate injunctive relief.	31388

Sec. 3702.63.  As specified in former Section 11 of Am. Sub.	31389
S.B. 50 of the 121st general assembly, as amended by Am. Sub. H.B.	31390
405 of the 124th general assembly, all of the following apply:	31391

(A) The removal of former divisions (E) and (F) of section	31392
3702.52 of the Revised Code by Sections 1 and 2 of Am. Sub. S.B.	31393
50 of the 121st general assembly does not release the holders of	31394
certificates of need issued under those divisions from complying	31395
with any conditions on which the granting of the certificates of	31396
need was based, including the requirement of former division	31397
(E)(6) of that section that the holders not enter into provider	31398
agreements under Chapter 5111. of the Revised Code and Title XIX	31399
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	31400
as amended, for at least ten years following initial licensure of	31401
the long-term care facilities for which the certificates were	31402
granted.	31403

(B) The repeal of section 3702.55 of the Revised Code by	31404
Section 2 of Am. Sub. S.B. 50 of the 121st general assembly does	31405
not release the holders of certificates of need issued under that	31406
section from complying with any conditions on which the granting	31407
of the certificates of need was based, other than the requirement	31408
of division (A)(6) of that section that the holders not seek	31409
certification under Title XVIII of the "Social Security Act" for	31410
beds recategorized under the certificates. That repeal also does	31411
not eliminate the requirement that the director of health revoke	31412
the licensure of the beds under Chapter 3721. of the Revised Code	31413
if a person to which their ownership is transferred fails, as	31414
required by division (A)(6) of the repealed section, to file	31415
within ten days after the transfer a sworn statement not to seek	31416
certification under Title XIX of the "Social Security Act" for	31417
beds recategorized under the certificates of need.	31418

(C) The repeal of section 3702.56 of the Revised Code by	31419
Section 2 of Am. Sub. S.B. 50 of the 121st general assembly does	31420
not release the holders of certificates of need issued under that	31421
section from complying with any conditions on which the granting	31422
of the certificates of need was based.	31423

Sec. 3702.68.  (A) Notwithstanding sections 3702.51 to	31424
3702.62 of the Revised Code, this section applies to the review of	31425
certificate of need applications during the period beginning July	31426
1, 1993, and ending June 30, 20032005.	31427

(B)(1) Except as provided in division (B)(2) of this section,	31428
the director of health shall neither grant nor deny any	31429
application for a certificate of need submitted prior to July 1,	31430
1993, if the application was for any of the following and the	31431
director had not issued a written decision concerning the	31432
application prior to that date:	31433

(a) Approval of beds in a new health care facility or an	31434
increase of beds in an existing health care facility, if the beds	31435
are proposed to be licensed as nursing home beds under Chapter	31436
3721. of the Revised Code;	31437

(b) Approval of beds in a new county home or new county	31438
nursing home as defined in section 5155.31 of the Revised Code, or	31439
an increase of beds in an existing county home or existing county	31440
nursing home, if the beds are proposed to be certified as skilled	31441
nursing facility beds under Title XVIII or nursing facility beds	31442
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	31443
42 U.S.C.A. 301, as amended;	31444

(c) Recategorization of hospital beds as described in section	31445
3702.522 of the Revised Code, an increase of hospital beds	31446
registered pursuant to section 3701.07 of the Revised Code as	31447
long-term care beds or skilled nursing facility beds, or a	31448
recategorization of hospital beds that would result in an increase	31449
of beds registered pursuant to that section as long-term care beds	31450
or skilled nursing facility beds.	31451

On July 1, 1993, the director shall return each such	31452
application to the applicant and, notwithstanding section 3702.52	31453
of the Revised Code regarding the uses of the certificate of need	31454
fund, shall refund to the applicant the application fee paid under	31455
that section. Applications returned under division (B)(1) of this	31456
section may be resubmitted in accordance with section 3702.52 of	31457
the Revised Code no sooner than July 1, 20032005.	31458

(2) The director shall continue to review and shall issue a	31459
decision regarding any application submitted prior to July 1,	31460
1993, to increase beds for either of the purposes described in	31461
division (B)(1)(a) or (b) of this section if the proposed increase	31462
in beds is attributable solely to a replacement or relocation of	31463
existing beds within the same county. The director shall authorize	31464
under such an application no additional beds beyond those being	31465
replaced or relocated.	31466

(C)(1) Except as provided in division (C)(2) of this section,	31467
the director, during the period beginning July 1, 1993, and ending	31468
June 30, 20032005, shall not accept for review under section	31469
3702.52 of the Revised Code any application for a certificate of	31470
need for any of the purposes described in divisions (B)(1)(a) to	31471
(c) of this section.	31472

(2) The director shall accept for review any application for	31473
either of the purposes described in division (B)(1)(a) or (b) of	31474
this section if the proposed increase in beds is attributable	31475
solely to a replacement or relocation of existing beds within the	31476
same county. The director shall authorize under such an	31477
application no additional beds beyond those being replaced or	31478
relocated. The director also shall accept for review any	31479
application that seeks certificate of need approval for existing	31480
beds located in an infirmary that is operated exclusively by a	31481
religious order, provides care exclusively to members of religious	31482
orders who take vows of celibacy and live by virtue of their vows	31483
within the orders as if related, and was providing care	31484
exclusively to members of such a religious order on January 1,	31485
1994.	31486

(D) The director shall issue a decision regarding any case	31487
remanded by a court as the result of a decision issued by the	31488
director prior to July 1, 1993, to grant, deny, or withdraw a	31489
certificate of need for any of the purposes described in divisions	31490
(B)(1)(a) to (c) of this section.	31491

(E) The director shall not project the need for beds listed	31492
in division (B)(1) of this section for the period beginning July	31493
1, 1993, and ending June 30, 20032005.	31494

This section is an interim section effective until July 1,	31495
20032005.	31496

Sec. 3702.74.  (A) A primary care physician who has signed a	31497
letter of intent under section 3702.73 of the Revised Code, the	31498
director of health, and the Ohio board of regents may enter into a	31499
contract for the physician's participation in the physician loan	31500
repayment program. A lending institution may also be a party to	31501
the contract.	31502

(B) The contract shall include all of the following	31503
obligations:	31504

(1) The primary care physician agrees to provide primary care	31505
services in the health resource shortage area identified in the	31506
letter of intent for at least two years or one year per twenty	31507
thousand dollars of repayment agreed to under division (B)(3) of	31508
this section, whichever is greater;	31509

(2) When providing primary care services in the health	31510
resource shortage area, the primary care physician agrees to do	31511
all of the following:	31512

(a) Provide primary care services for a minimum of forty	31513
hours per week;	31514

(b) Provide primary care services without regard to a	31515
patient's ability to pay;	31516

(c) Meet the conditions prescribed by the "Social Security	31517
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the	31518
department of job and family services for participation in the	31519
medical assistance program established under Chapter 5111. of the	31520
Revised Code and enter into a contract with the department to	31521
provide primary care services to recipients of the medical	31522
assistance program;	31523

(d) Meet the conditions established by the department of job	31524
and family services for participation in the disability assistance	31525
medical assistance program established under Chapter 5115. of the	31526
Revised Code and enter into a contract with the department to	31527
provide primary care services to recipients of disability medical	31528
assistance.	31529

(3) The Ohio board of regents agrees, as provided in section	31530
3702.75 of the Revised Code, to repay, so long as the primary care	31531
physician performs the service obligation agreed to under division	31532
(B)(1) of this section, all or part of the principal and interest	31533
of a government or other educational loan taken by the primary	31534
care physician for expenses described in section 3702.75 of the	31535
Revised Code;	31536

(4) The primary care physician agrees to pay the board the	31537
following as damages if the physician fails to complete the	31538
service obligation agreed to under division (B)(1) of this	31539
section:	31540

(a) If the failure occurs during the first two years of the	31541
service obligation, three times the total amount the board has	31542
agreed to repay under division (B)(3) of this section;	31543

(b) If the failure occurs after the first two years of the	31544
service obligation, three times the amount the board is still	31545
obligated to repay under division (B)(3) of this section.	31546

(C) The contract may include any other terms agreed upon by	31547
the parties, including an assignment to the Ohio board of regents	31548
of the physician's duty to pay the principal and interest of a	31549
government or other educational loan taken by the physician for	31550
expenses described in section 3702.75 of the Revised Code. If the	31551
board assumes the physician's duty to pay a loan, the contract	31552
shall set forth the total amount of principal and interest to be	31553
paid, an amortization schedule, and the amount of each payment to	31554
be made under the schedule.	31555

Sec. 3705.01.  As used in this chapter:

31556

(A) "Live birth" means the complete expulsion or extraction	31557
from its mother of a product of human conception that after such	31558
expulsion or extraction breathes or shows any other evidence of	31559
life such as beating of the heart, pulsation of the umbilical	31560
cord, or definite movement of voluntary muscles, whether or not	31561
the umbilical cord has been cut or the placenta is attached.	31562

(B)(1) "Fetal death" means death prior to the complete	31563
expulsion or extraction from its mother of a product of human	31564
conception of at least twenty weeks of gestation, which after such	31565
expulsion or extraction does not breathe or show any other	31566
evidence of life such as beating of the heart, pulsation of the	31567
umbilical cord, or definite movement of voluntary muscles.	31568

(2) "Stillborn" means that an infant suffered a fetal death.

31569

(C) "Dead body" means a human body or part of a human body	31570
from the condition of which it reasonably may be concluded that	31571
death recently occurred.	31572

(D) "Physician" means a person licensed pursuant to Chapter	31573
4731. of the Revised Code to practice medicine or surgery or	31574
osteopathic medicine and surgery.	31575

(E) "Attending physician" means the physician in charge of	31576
the patient's care for the illness or condition that resulted in	31577
death.	31578

(F) "Institution" means any establishment, public or private,	31579
that provides medical, surgical, or diagnostic care or treatment,	31580
or domiciliary care, to two or more unrelated individuals, or to	31581
persons committed by law.	31582

(G) "Funeral director" has the meaning given in section	31583
4717.01 of the Revised Code.	31584

(H) "State registrar" means the head of the office of vital	31585
statistics in the department of health.	31586

(I) "Medical certification" means completion of the medical	31587
certification portion of the certificate of death or fetal death	31588
as to the cause of death or fetal death.	31589

(J) "Final disposition" means the interment, cremation,	31590
removal from the state, donation, or other authorized disposition	31591
of a dead body or a fetal death.	31592

(K) "Interment" means the final disposition of the remains of	31593
a dead body by burial or entombment.	31594

(L) "Cremation" means the reduction to ashes of a dead body.

31595

(M) "Donation" means gift of a dead body to a research	31596
institution or medical school.	31597

(N) "System of vital statistics" means the registration,	31598
collection, preservation, amendment, and certification of vital	31599
records, the collection of other reports required by this chapter,	31600
and activities related thereto.	31601

(O) "Vital records" means certificates or reports of birth,	31602
death, fetal death, marriage, divorce, dissolution of marriage,	31603
annulment, and data related thereto and other documents maintained	31604
as required by statute.	31605

(P) "File" means the presentation of vital records for	31606
registration by the office of vital statistics.	31607

(Q) "Registration" means the acceptance by the office of	31608
vital statistics and the incorporation of vital records into its	31609
official records.	31610

(R) "Birth record" means a birth certificate that has been	31611
registered with the office of vital statistics; or, if registered	31612
prior to the effective date of this section, with the division of	31613
vital statistics; or, if registered prior to the establishment of	31614
the division of vital statistics, with the department of health or	31615
a local registrar.	31616

(S) "Certification of birth" means a document issued by the	31617
director of health or state registrar or a local registrar under	31618
division (B) of section 3705.23 of the Revised Code.	31619

Sec. 3705.23.  (A)(1) Except as otherwise provided in this	31620
section, the director of health, the state registrar, or a local	31621
registrar, on receipt of a signed application and the fee	31622
specified in section 3705.24 of the Revised Code, shall issue a	31623
certified copy of a vital record, or of a part of a vital record,	31624
in the director's or registrar's custody to any applicant, unless	31625
the vital record has ceased to be a public record pursuant to	31626
section 3705.09, 3705.11, 3705.12, or 3705.15 of the Revised Code.	31627
The certified copy shall show the date the vital record was	31628
registered by the local registrar.	31629

(2) A certified copy of a vital record may be made by a	31630
mechanical, electronic, or other reproduction process. It shall be	31631
certified as a true copy by the director, state registrar, or	31632
local registrar who has custody of the record and shall include	31633
the date of issuance, the name of the issuing officer, the	31634
signature of the officer or an authorized facsimile of the	31635
signature, and the seal of the issuing office.	31636

(3) A certified copy of a vital record or of any part of a	31637
vital record, issued in accordance with this section, shall be	31638
considered for all purposes the same as the original and shall be	31639
prima-facie evidence of the facts stated in it in all courts and	31640
places.	31641

(4)(a) Information contained in the "information for medical	31642
and health use only" section of a birth record shall not be	31643
included as part of a certified copy of the birth record unless	31644
the information specifically is requested by the individual to	31645
whose birth the record attests, either of the individual's parents	31646
or the individual's guardian, a lineal descendant, or an official	31647
of the federal or state government or of a political subdivision	31648
of the state charged by law with detecting or prosecuting crime.	31649

(b) Except as provided in division (A)(4)(a) of this section,	31650
neither the office of vital statistics nor a local registrar shall	31651
disclose information contained in the "information for medical and	31652
health use only" section of a birth record unless a court, for	31653
good cause shown, orders disclosure of the information or the	31654
state registrar specifically authorizes release of the information	31655
for statistical or research purposes under conditions the state	31656
registrar, subject to the approval of the director of health,	31657
shall establish by rule.	31658

(B)(1) Unless the applicant specifically requests a certified	31659
copy, the director, the state registrar, or a local registrar, on	31660
receipt of a signed application for a birth record and the fee	31661
specified in section 3705.24 of the Revised Code, may issue a	31662
certification of birth, and the certification of birth shall	31663
contain at least the name, sex, date of birth, registration date,	31664
and place of birth of the person to whose birth the record attests	31665
and shall attest that the person's birth has been registered. A	31666
certification of birth shall be prima-facie evidence of the facts	31667
stated in it in all courts and places.	31668

(2) The director or the state registrar, on the receipt of a	31669
signed application for an heirloom certification of birth and the	31670
fee specified in section 3705.24 of the Revised Code, may issue an	31671
heirloom certification of birth. The director shall prescribe by	31672
rule guidelines for the form of an heirloom certification of	31673
birth, and the guidelines shall require the heirloom certification	31674
of birth to contain at least the name, sex, date of birth,	31675
registration date, and place of birth of the person to whose birth	31676
the record attests and to attest that the person's birth has been	31677
registered. An heirloom certification of birth shall be	31678
prima-facie evidence of the facts stated in it in all courts and	31679
places.	31680

(3) The director or the state registrar, on the receipt of an	31681
application signed by either parent, shall issue a certificate	31682
recognizing the delivery of a stillborn infant. The director shall	31683
prescribe guidelines by rule for the form of the certificate. The	31684
guidelines shall require that the certificate contain at least the	31685
name, sex, date of delivery, and place of delivery. The director	31686
or the state registrar shall charge no fee for the certificate. A	31687
certificate recognizing the delivery of a stillborn infant is not	31688
proof of a live birth for purposes of federal, state, and local	31689
taxes.	31690

(C) On evidence that a birth certificate was registered	31691
through misrepresentation or fraud, the state registrar may	31692
withhold the issuance of a certified copy of the birth record or a	31693
certification of birth until a court makes a determination that no	31694
misrepresentation or fraud occurred.	31695

(D) Except as provided in division (A)(4)(b) of this section,	31696
the state registrar and a local registrar, on request, shall	31697
provide uncertified copies of vital records in accordance with	31698
section 149.43 of the Revised Code.	31699

Sec. 3705.24.  (A) Except as otherwise provided in this	31700
division or division (G) of this section, the fee for a certified	31701
copy of a vital record or for a certification of birth shall be	31702
seven dollars plus any fee required by section 3109.14 of the	31703
Revised Code. Except as provided in section 3705.241 of the	31704
Revised Code, the fee for a certified copy of a vital record or	31705
for a certification of birth issued by the office of vital	31706
statistics shall be an amount prescribed by the public health	31707
council plus any fee required by section 3109.14 of the Revised	31708
Code. The fee for a certified copy of a vital record or for a	31709
certification of birth issued by a health district shall be an	31710
amount prescribed in accordance with section 3709.09 of the	31711
Revised Code plus any fee required by section 3109.14 of the	31712
Revised Code. No certified copy of a vital record or certification	31713
of birth shall be issued without payment of the fee unless	31714
otherwise specified by statute.	31715

For a special search of the files and records to determine a	31716
date or place contained in a record on file, the office of vital	31717
statistics shall charge a fee of three dollars for each hour or	31718
fractional part of an hour required for the search.	31719

(B)(1) The public health council shall, in accordance with	31720
section 111.15 of the Revised Code, adopt rules prescribing fees	31721
for the following services provided by the state office of vital	31722
statistics:	31723

(a) Except as provided in division (A)(4) of this section:

31724

(i) A certified copy of a vital record or a certification of	31725
birth;	31726

(ii) A search by the office of vital statistics of its files	31727
and records pursuant to a request for information, regardless of	31728
whether a copy of a record is provided;	31729

(iii) A copy of a record provided pursuant to a request;

31730

(b) Replacement of a birth certificate following an adoption,	31731
legitimation, paternity determination or acknowledgement, or court	31732
order;	31733

(c) Filing of a delayed registration of a vital record;

31734

(d) Amendment of a vital record that is requested later than	31735
one year after the filing date of the vital record;	31736

(e) Any other documents or services for which the public	31737
health council considers the charging of a fee appropriate.	31738

(2) Fees prescribed under division (A)(1)(a) of this section	31739
shall not be less than seven dollars.	31740

(3) Fees prescribed under division (A)(1) of this section	31741
shall be collected in addition to any fee required by section	31742
3109.14 of the Revised Code.	31743

(4) Fees prescribed under division (A) of this section shall	31744
not apply to certifications issued under division (H) of this	31745
section or copies provided under section 3705.241 of the Revised	31746
Code.	31747

(B) In addition to the fees prescribed under division (A) of	31748
this section or section 3709.09 of the Revised Code, the office of	31749
vital statistics or the board of health of a city or general	31750
health district shall charge a five-dollar fee for each certified	31751
copy of a vital record and each certification of birth. This fee	31752
shall be deposited in the general operations fund created under	31753
section 3701.83 of the Revised Code and be used solely toward the	31754
modernization and automation of the system of vital records in	31755
this state. A board of health shall forward all fees collected	31756
under this division to the department of health not later than	31757
thirty days after the end of each calendar quarter.	31758

(C) Except as otherwise provided in division (G)(H) of this	31759
section, and except as provided in section 3705.241 of the Revised	31760
Code, fees collected by the director of health under sections	31761
3705.01 to 3705.29 of the Revised Code shall be paid into the	31762
state treasury to the credit of the general operations fund	31763
created by section 3701.83 of the Revised Code. MoneyExcept as	31764
provided in division (B) of this section, money generated by the	31765
fees shall be used only for administration and enforcement of this	31766
chapter and the rules adopted under it. Amounts submitted to the	31767
department of health for copies of vital records or services in	31768
excess of the fees imposed by this section shall be dealt with as	31769
follows:	31770

(1) An overpayment of two dollars or less shall be retained	31771
by the department and deposited in the state treasury to the	31772
credit of the general operations fund created by section 3701.83	31773
of the Revised Code.	31774

(2) An overpayment in excess of two dollars shall be returned	31775
to the person who made the overpayment.	31776

(C)(D) If a local registrar is a salaried employee of a city	31777
or a general health district, any fees the local registrar	31778
receives pursuant to section 3705.23 of the Revised Code shall be	31779
paid into the general fund of the city or the health fund of the	31780
general health district.	31781

Each local registrar of vital statistics, or each health	31782
district where the local registrar is a salaried employee of the	31783
district, shall be entitled to a fee for each birth, fetal death,	31784
death, or military service certificate properly and completely	31785
made out and registered with the local registrar or district and	31786
correctly copied and forwarded to the office of vital statistics	31787
in accordance with the population of the primary registration	31788
district at the last federal census. The fee for each birth, fetal	31789
death, death, or military service certificate shall be:	31790

(1) In primary registration districts of over two hundred	31791
fifty thousand, twenty cents;	31792

(2) In primary registration districts of over one hundred	31793
twenty-five thousand and less than two hundred fifty thousand,	31794
sixty cents;	31795

(3) In primary registration districts of over fifty thousand	31796
and less than one hundred twenty-five thousand, eighty cents;	31797

(4) In primary registration districts of less than fifty	31798
thousand, one dollar.	31799

(D)(E) The director of health shall annually certify to the	31800
county treasurers of the several counties the number of birth,	31801
fetal death, death, and military service certificates registered	31802
from their respective counties with the names of the local	31803
registrars and the amounts due each registrar and health district	31804
at the rates fixed in this section. Such amounts shall be paid by	31805
the treasurer of the county in which the registration districts	31806
are located. No fees shall be charged or collected by registrars	31807
except as provided by this chapter and section 3109.14 of the	31808
Revised Code.	31809

(E)(F) A probate judge shall be paid a fee of fifteen cents	31810
for each certified abstract of marriage prepared and forwarded by	31811
the probate judge to the department of health pursuant to section	31812
3705.21 of the Revised Code. The fee shall be in addition to the	31813
fee paid for a marriage license and shall be paid by the	31814
applicants for the license.	31815

(F)(G) The clerk of a court of common pleas shall be paid a	31816
fee of one dollar for each certificate of divorce, dissolution,	31817
and annulment of marriage prepared and forwarded by the clerk to	31818
the department pursuant to section 3705.21 of the Revised Code.	31819
The fee for the certified abstract of divorce, dissolution, or	31820
annulment of marriage shall be added to the court costs allowed in	31821
these cases.	31822

(G)(H) The fee for an heirloom certification of birth issued	31823
pursuant to division (B)(2) of section 3705.23 of the Revised Code	31824
shall be an amount prescribed by rule by the director of health	31825
plus any fee required by section 3109.14 of the Revised Code. In	31826
setting the amount of the fee, the director shall establish a	31827
surcharge in addition to an amount necessary to offset the expense	31828
of processing heirloom certifications of birth. The fee prescribed	31829
by the director of health pursuant to this division shall be	31830
deposited into the state treasury to the credit of the heirloom	31831
certification of birth fund which is hereby created. Money	31832
credited to the fund shall be used by the office of vital	31833
statistics to offset the expense of processing heirloom	31834
certifications of birth. However, the money collected for the	31835
surcharge, subject to the approval of the controlling board, shall	31836
be used for the purposes specified by the family and children	31837
first council pursuant to section 121.37 of the Revised Code.	31838

Sec. 3709.09.  (A) The board of health of a city or general	31839
health district may, by rule, establish a uniform system of fees	31840
to pay the costs of any services provided by the board. Fees	31841

The fee for issuance of a certified copy of a vital record or	31842
a certification of birth shall not be less than the fee prescribed	31843
for the same service under division (A)(1) of section 3705.24 of	31844
the Revised Code and shall include the fees required by division	31845
(B) of section 3705.24 and section 3109.14 of the Revised Code.	31846

Fees for services provided by the board for purposes	31847
specified in sections 3701.344, 3711.05, 3730.03, 3733.04,	31848
3733.25, and 3749.04 of the Revised Code shall be established in	31849
accordance with rules adopted under division (B) of this section.	31850
The district advisory council, in the case of a general health	31851
district, and the legislative authority of the city, in the case	31852
of a city health district, may disapprove any fee established by	31853
the board of health under this division, and any such fee, as	31854
disapproved, shall not be charged by the board of health.	31855

(B) The public health council shall adopt rules under section	31856
111.15 of the Revised Code that establish fee categories and	31857
uniform methodologies for use in calculating the costs of services	31858
provided for purposes specified in sections 3701.344, 3711.05,	31859
3730.03, 3733.04, 3733.25, and 3749.04 of the Revised Code. In	31860
adopting the rules, the public health council shall consider	31861
recommendations it receives from advisory boards established	31862
either by statute or the director of health for entities subject	31863
to the fees.	31864

(C) At least thirty days prior to establishing a fee for a	31865
service provided by the board for a purpose specified in section	31866
3701.344, 3711.05, 3730.03, 3733.04, 3733.25, or 3749.04 of the	31867
Revised Code, a board of health shall notify any entity that would	31868
be affected by the proposed fee of the amount of the proposed fee.	31869

Sec. 3710.05.  (A) Except as otherwise provided in this	31870
chapter, no person shall engage in any asbestos hazard abatement	31871
activities in this state unless licensed or certified pursuant to	31872
this chapter.	31873

(B) To apply for licensure as an asbestos abatement	31874
contractor or certification as an asbestos hazard abatement	31875
specialist, an asbestos hazard evaluation specialist, an asbestos	31876
hazard abatement project designer, or an asbestos hazard abatement	31877
air-monitoring technician, a person shall do all of the following:	31878

(1) Submit a completed application to the department of	31879
health, on a form provided by the department;	31880

(2) Pay the requisite fee as provided in division (D) of this	31881
section;	31882

(3) Submit any other information the public health council by	31883
rule requires.	31884

(C) The application form for a business entity or public	31885
entity applying for an asbestos hazard abatement contractor's	31886
license shall include all of the following:	31887

(1) A description of the protective clothing and respirators	31888
that the public entity will use to comply with rules adopted by	31889
the public health council and that the business entity will use to	31890
comply with requirements of the United States occupational safety	31891
and health administration;	31892

(2) A description of procedures the business entity or public	31893
entity will use for the selection, utilization, handling, removal,	31894
and disposal of clothing to prevent contamination or	31895
recontamination of the environment and to protect the public	31896
health from the hazards associated with exposure to asbestos;	31897

(3) The name and address of each asbestos disposal site that	31898
the business entity or public entity might use during the year;	31899

(4) A description of the site decontamination procedures that	31900
the business entity or public entity will use;	31901

(5) A description of the asbestos hazard abatement procedures	31902
that the business entity or public entity will use;	31903

(6) A description of the procedures that the business entity	31904
or public entity will use for handling waste containing asbestos;	31905

(7) A description of the air-monitoring procedures that the	31906
business entity or public entity will use to prevent contamination	31907
or recontamination of the environment and to protect the public	31908
health from the hazards of exposure to asbestos;	31909

(8) A description of the final clean-up procedures that the	31910
business entity or public entity will use;	31911

(9) A list of all partners, owners, and officers of the	31912
business entity along with their social security numbers;	31913

(10) The federal tax identification number of the business	31914
entity or the public entity.	31915

(D) The fees to be charged to each public entity and business	31916
entity and their employees and agents for licensure,	31917
certification, approval, and renewal of licenses, certifications,	31918
and approvals granted under this chapter, subject to division	31919
(A)(4) of section 3710.02 of the Revised Code, are:	31920

(1) FiveSeven hundred fifty dollars for asbestos hazard	31921
abatement contractors;	31922

(2) OneTwo hundred twenty-five dollars for asbestos hazard	31923
abatement project designers;	31924

(3) Twenty-fiveFifty dollars for asbestos hazard abatement	31925
workers;	31926

(4) OneTwo hundred twenty-five dollars for asbestos hazard	31927
abatement specialists;	31928

(5) OneTwo hundred twenty-five dollars for asbestos hazard	31929
evaluation specialists; and	31930

(6) SevenNine hundred fifty dollars for approval or renewal	31931
of asbestos hazard training providers.	31932

(E) Notwithstanding division (A) of this section, no business	31933
entity which engages in asbestos hazard abatement activities	31934
solely at its own place of business is required to be licensed as	31935
an asbestos hazard abatement contractor provided that the business	31936
entity is required to and does comply with all applicable	31937
standards of the United States environmental protection agency and	31938
the United States occupational safety and health administration	31939
and provided further that all persons employed by the business	31940
entity on the activity meet the requirements of this chapter.	31941

Sec. 3710.07.  (A) Prior to engaging in any asbestos hazard	31942
abatement project, an asbestos hazard abatement contractor shall	31943
do all of the following:	31944

(1) Prepare a written respiratory protection program as	31945
defined by the public health council pursuant to rule, and make	31946
the program available to the department of health, and workers at	31947
the job site if the contractor is a public entity or prepare a	31948
written respiratory protection program, consistent with 29 C.F.R.	31949
1910.134 and make the program available to the department, and	31950
workers at the job site if the contractor is a business entity;	31951

(2) Ensure that each worker who will be involved in any	31952
asbestos hazard abatement project has been examined within the	31953
preceding year and has been declared by a physician to be	31954
physically capable of working while wearing a respirator;	31955

(3) Ensure that each of histhe contractor's employees or	31956
agents who will come in contact with asbestos-containing materials	31957
or will be responsible for an asbestos hazard abatement project	31958
receives the appropriate certification or licensure required by	31959
this chapter and the following training:	31960

(a) An initial course approved by the department pursuant to	31961
section 3710.10 of the Revised Code, completed before engaging in	31962
any asbestos hazard abatement project; and	31963

(b) An annual review course approved by the department	31964
pursuant to section 3710.10 of the Revised Code.	31965

(B) After obtaining or renewing a license, an asbestos hazard	31966
abatement contractor shall notify the department, on a form	31967
approved by the director of health, at least ten days before	31968
beginning each asbestos hazard abatement project conducted during	31969
the term of histhe contractor's license.	31970

(C) In addition to any other fee imposed under this chapter,	31971
an asbestos hazard abatement contractor shall pay, at the time of	31972
providing notice under division (B) of this section, the	31973
department a fee of twenty-fivesixty-five dollars for each	31974
asbestos hazard abatement project conducted.	31975

Sec. 3711.021.  For the purposes of this chapter, a maternity	31976
hospital or lying-in hospital includes a limited maternity unit,	31977
which is a unit in a hospital that contains no other maternity	31978
unit, in which care is provided during all or part of the	31979
maternity cycle and newborns receive care in a private room	31980
serving all antepartum, labor, delivery, recovery, postpartum, and	31981
nursery needs.	31982

The director of health may charge a maternity hospital or	31983
lying-in hospital seeking an initial or renewal license under this	31984
chapter a fee not exceeding the following:	31985

(A) ThreeFour thousand eight hundred fiftyforty-two dollars	31986
for a hospital in which not less than two thousand births occurred	31987
the previous calendar year;	31988

(B) Three thousand threefive hundred fiftyseventeen dollars	31989
for a hospital in which not more than one thousand nine hundred	31990
ninety-nine and not less than one thousand births occurred the	31991
previous calendar year;	31992

(C) Two thousand eightnine hundred fiftyninety-two dollars	31993
for a hospital in which not more than nine hundred ninety-nine and	31994
not less than six hundred fifty births occurred the previous	31995
calendar year;	31996

(D) Two thousand threefour hundred fiftysixty-seven dollars	31997
for a hospital in which not more than six hundred forty-nine and	31998
not less than four hundred fifty births occurred the previous	31999
calendar year;	32000

(E) One thousand eightnine hundred fiftyforty-two dollars	32001
for a hospital in which not more than four hundred forty-nine	32002
births and not less than one hundred births occurred the previous	32003
calendar year;	32004

(F) One thousand threefour hundred fiftyseventeen dollars	32005
for a hospital in which not more than ninety-nine births occurred	32006
the previous calendar year.	32007

The director shall deposit all fees collected under this	32008
section into the general operations fund created under section	32009
3701.83 of the Revised Code. Money generated by the fees shall be	32010
used only for administration and enforcement of this chapter and	32011
rules adopted under it.	32012

Sec. 3721.02. (A) The director of health shall license homes	32013
and establish procedures to be followed in inspecting and	32014
licensing homes. The director may inspect a home at any time. Each	32015
home shall be inspected by the director at least once prior to the	32016
issuance of a license and at least once every fifteen months	32017
thereafter. The state fire marshal or a township, municipal, or	32018
other legally constituted fire department approved by the marshal	32019
shall also inspect a home prior to issuance of a license, at least	32020
once every fifteen months thereafter, and at any other time	32021
requested by the director. A home does not have to be inspected	32022
prior to issuance of a license by the director, state fire	32023
marshal, or a fire department if ownership of the home is assigned	32024
or transferred to a different person and the home was licensed	32025
under this chapter immediately prior to the assignment or	32026
transfer. The director may enter at any time, for the purposes of	32027
investigation, any institution, residence, facility, or other	32028
structure that has been reported to the director or that the	32029
director has reasonable cause to believe is operating as a nursing	32030
home, residential care facility, or home for the aging without a	32031
valid license required by section 3721.05 of the Revised Code or,	32032
in the case of a county home or district home, is operating	32033
despite the revocation of its residential care facility license.	32034
The director may delegate the director's authority and duties	32035
under this chapter to any division, bureau, agency, or official of	32036
the department of health.	32037

(B) A single facility may be licensed both as a nursing home	32038
pursuant to this chapter and as an adult care facility pursuant to	32039
Chapter 3722. of the Revised Code if the director determines that	32040
the part or unit to be licensed as a nursing home can be	32041
maintained separate and discrete from the part or unit to be	32042
licensed as an adult care facility.	32043

(C) In determining the number of residents in a home for the	32044
purpose of licensing, the director shall consider all the	32045
individuals for whom the home provides accommodations as one group	32046
unless one of the following is the case:	32047

(1) The home is a home for the aging, in which case all the	32048
individuals in the part or unit licensed as a nursing home shall	32049
be considered as one group, and all the individuals in the part or	32050
unit licensed as a rest home shall be considered as another group.	32051

(2) The home is both a nursing home and an adult care	32052
facility. In that case, all the individuals in the part or unit	32053
licensed as a nursing home shall be considered as one group, and	32054
all the individuals in the part or unit licensed as an adult care	32055
facility shall be considered as another group.	32056

(3) The home maintains, in addition to a nursing home or	32057
residential care facility, a separate and discrete part or unit	32058
that provides accommodations to individuals who do not require or	32059
receive skilled nursing care and do not receive personal care	32060
services from the home, in which case the individuals in the	32061
separate and discrete part or unit shall not be considered in	32062
determining the number of residents in the home if the separate	32063
and discrete part or unit is in compliance with the Ohio basic	32064
building code established by the board of building standards under	32065
Chapters 3781. and 3791. of the Revised Code and the home permits	32066
the director, on request, to inspect the separate and discrete	32067
part or unit and speak with the individuals residing there, if	32068
they consent, to determine whether the separate and discrete part	32069
or unit meets the requirements of this division.	32070

(D) The director of health shall charge an application fee	32071
and an annual renewal licensing and inspection fee of one hundred	32072
five dollars for each fifty persons or part thereof of a home's	32073
licensed capacity. All fees collected by the director for the	32074
issuance or renewal of licenses shall be deposited into the state	32075
treasury to the credit of the general operations fund created in	32076
section 3701.83 of the Revised Code for use only in administering	32077
and enforcing this chapter and rules adopted under it.	32078

(E)(1) Except as otherwise provided in this section, the	32079
results of an inspection or investigation of a home that is	32080
conducted under this section, including any statement of	32081
deficiencies and all findings and deficiencies cited in the	32082
statement on the basis of the inspection or investigation, shall	32083
be used solely to determine the home's compliance with this	32084
chapter or another chapter of the Revised Code in any action or	32085
proceeding other than an action commenced under division (I) of	32086
section 3721.17 of the Revised Code. Those results of an	32087
inspection or investigation, that statement of deficiencies, and	32088
the findings and deficiencies cited in that statement shall not be	32089
used in any court or in any action or proceeding that is pending	32090
in any court and are not admissible in evidence in any action or	32091
proceeding unless that action or proceeding is an appeal of an	32092
action by the department of health under this chapter or is an	32093
action by any department or agency of the state to enforce this	32094
chapter or another chapter of the Revised Code.	32095

(2) Nothing in division (E)(1) of this section prohibits the	32096
results of an inspection or investigation conducted under this	32097
section from being used in a criminal investigation or	32098
prosecution.	32099

Sec. 3721.121.  (A) As used in this section:

32100

(1) "Adult day-care program" means a program operated	32101
pursuant to rules adopted by the public health council under	32102
section 3721.04 of the Revised Code and provided by and on the	32103
same site as homes licensed under this chapter.	32104

(2) "Applicant" means a person who is under final	32105
consideration for employment with a home or adult day-care program	32106
in a full-time, part-time, or temporary position that involves	32107
providing direct care to an older adult. "Applicant" does not	32108
include a person who provides direct care as a volunteer without	32109
receiving or expecting to receive any form of remuneration other	32110
than reimbursement for actual expenses.	32111

(3) "Criminal records check" and "older adult" have the same	32112
meanings as in section 109.572 of the Revised Code.	32113

(4) "Home" means a home as defined in section 3721.10 of the	32114
Revised Code.	32115

(B)(1) Except as provided in division (I) of this section,	32116
the chief administrator of a home or adult day-care program shall	32117
request that the superintendent of the bureau of criminal	32118
identification and investigation conduct a criminal records check	32119
with respect to each applicant. If an applicant for whom a	32120
criminal records check request is required under this division	32121
does not present proof of having been a resident of this state for	32122
the five-year period immediately prior to the date the criminal	32123
records check is requested or provide evidence that within that	32124
five-year period the superintendent has requested information	32125
about the applicant from the federal bureau of investigation in a	32126
criminal records check, the chief administrator shall request that	32127
the superintendent obtain information from the federal bureau of	32128
investigation as part of the criminal records check of the	32129
applicant. Even if an applicant for whom a criminal records check	32130
request is required under this division presents proof of having	32131
been a resident of this state for the five-year period, the chief	32132
administrator may request that the superintendent include	32133
information from the federal bureau of investigation in the	32134
criminal records check.	32135

(2) A person required by division (B)(1) of this section to	32136
request a criminal records check shall do both of the following:	32137

(a) Provide to each applicant for whom a criminal records	32138
check request is required under that division a copy of the form	32139
prescribed pursuant to division (C)(1) of section 109.572 of the	32140
Revised Code and a standard fingerprint impression sheet	32141
prescribed pursuant to division (C)(2) of that section, and obtain	32142
the completed form and impression sheet from the applicant;	32143

(b) Forward the completed form and impression sheet to the	32144
superintendent of the bureau of criminal identification and	32145
investigation.	32146

(3) An applicant provided the form and fingerprint impression	32147
sheet under division (B)(2)(a) of this section who fails to	32148
complete the form or provide fingerprint impressions shall not be	32149
employed in any position for which a criminal records check is	32150
required by this section.	32151

(C)(1) Except as provided in rules adopted by the director of	32152
health in accordance with division (F) of this section and subject	32153
to division (C)(2) of this section, no home or adult day-care	32154
program shall employ a person in a position that involves	32155
providing direct care to an older adult if the person has been	32156
convicted of or pleaded guilty to any of the following:	32157

(a) A violation of section 2903.01, 2903.02, 2903.03,	32158
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	32159
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	32160
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	32161
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	32162
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	32163
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	32164
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	32165
2925.22, 2925.23, or 3716.11 of the Revised Code.	32166

(b) A violation of an existing or former law of this state,	32167
any other state, or the United States that is substantially	32168
equivalent to any of the offenses listed in division (C)(1)(a) of	32169
this section.	32170

(2)(a) A home or an adult day-care program may employ	32171
conditionally an applicant for whom a criminal records check	32172
request is required under division (B) of this section prior to	32173
obtaining the results of a criminal records check regarding the	32174
individual, provided that the home or program shall request a	32175
criminal records check regarding the individual in accordance with	32176
division (B)(1) of this section not later than five business days	32177
after the individual begins conditional employment. In the	32178
circumstances described in division (I)(2) of this section, a home	32179
or adult day-care program may employ conditionally an applicant	32180
who has been referred to the home or adult day-care program by an	32181
employment service that supplies full-time, part-time, or	32182
temporary staff for positions involving the direct care of older	32183
adults and for whom, pursuant to that division, a criminal records	32184
check is not required under division (B) of this section.	32185

(b) A home or adult day-care program that employs an	32186
individual conditionally under authority of division (C)(2)(a) of	32187
this section shall terminate the individual's employment if the	32188
results of the criminal records check requested under division (B)	32189
of this section or described in division (I)(2) of this section,	32190
other than the results of any request for information from the	32191
federal bureau of investigation, are not obtained within the	32192
period ending sixtythirty days after the date the request is	32193
made. Regardless of when the results of the criminal records check	32194
are obtained, if the results indicate that the individual has been	32195
convicted of or pleaded guilty to any of the offenses listed or	32196
described in division (C)(1) of this section, the home or program	32197
shall terminate the individual's employment unless the home or	32198
program chooses to employ the individual pursuant to division (F)	32199
of this section. Termination of employment under this division	32200
shall be considered just cause for discharge for purposes of	32201
division (D)(2) of section 4141.29 of the Revised Code if the	32202
individual makes any attempt to deceive the home or program about	32203
the individual's criminal record.	32204

(D)(1) Each home or adult day-care program shall pay to the	32205
bureau of criminal identification and investigation the fee	32206
prescribed pursuant to division (C)(3) of section 109.572 of the	32207
Revised Code for each criminal records check conducted pursuant to	32208
a request made under division (B) of this section.	32209

(2) A home or adult day-care program may charge an applicant	32210
a fee not exceeding the amount the home or program pays under	32211
division (D)(1) of this section. A home or program may collect a	32212
fee only if both of the following apply:	32213

(a) The home or program notifies the person at the time of	32214
initial application for employment of the amount of the fee and	32215
that, unless the fee is paid, the person will not be considered	32216
for employment;	32217

(b) The medical assistance program established under Chapter	32218
5111. of the Revised Code does not reimburse the home or program	32219
the fee it pays under division (D)(1) of this section.	32220

(E) The report of any criminal records check conducted	32221
pursuant to a request made under this section is not a public	32222
record for the purposes of section 149.43 of the Revised Code and	32223
shall not be made available to any person other than the	32224
following:	32225

(1) The individual who is the subject of the criminal records	32226
check or the individual's representative;	32227

(2) The chief administrator of the home or program requesting	32228
the criminal records check or the administrator's representative;	32229

(3) The administrator of any other facility, agency, or	32230
program that provides direct care to older adults that is owned or	32231
operated by the same entity that owns or operates the home or	32232
program;	32233

(4) A court, hearing officer, or other necessary individual	32234
involved in a case dealing with a denial of employment of the	32235
applicant or dealing with employment or unemployment benefits of	32236
the applicant;	32237

(5) Any person to whom the report is provided pursuant to,	32238
and in accordance with, division (I)(1) or (2) of this section.	32239

(F) In accordance with section 3721.11 of the Revised Code,	32240
the director of health shall adopt rules to implement this	32241
section. The rules shall specify circumstances under which a home	32242
or adult day-care program may employ a person who has been	32243
convicted of or pleaded guilty to an offense listed or described	32244
in division (C)(1) of this section but meets personal character	32245
standards set by the director.	32246

(G) The chief administrator of a home or adult day-care	32247
program shall inform each individual, at the time of initial	32248
application for a position that involves providing direct care to	32249
an older adult, that the individual is required to provide a set	32250
of fingerprint impressions and that a criminal records check is	32251
required to be conducted if the individual comes under final	32252
consideration for employment.	32253

(H) In a tort or other civil action for damages that is	32254
brought as the result of an injury, death, or loss to person or	32255
property caused by an individual who a home or adult day-care	32256
program employs in a position that involves providing direct care	32257
to older adults, all of the following shall apply:	32258

(1) If the home or program employed the individual in good	32259
faith and reasonable reliance on the report of a criminal records	32260
check requested under this section, the home or program shall not	32261
be found negligent solely because of its reliance on the report,	32262
even if the information in the report is determined later to have	32263
been incomplete or inaccurate;	32264

(2) If the home or program employed the individual in good	32265
faith on a conditional basis pursuant to division (C)(2) of this	32266
section, the home or program shall not be found negligent solely	32267
because it employed the individual prior to receiving the report	32268
of a criminal records check requested under this section;	32269

(3) If the home or program in good faith employed the	32270
individual according to the personal character standards	32271
established in rules adopted under division (F) of this section,	32272
the home or program shall not be found negligent solely because	32273
the individual prior to being employed had been convicted of or	32274
pleaded guilty to an offense listed or described in division	32275
(C)(1) of this section.	32276

(I)(1) The chief administrator of a home or adult day-care	32277
program is not required to request that the superintendent of the	32278
bureau of criminal identification and investigation conduct a	32279
criminal records check of an applicant if the applicant has been	32280
referred to the home or program by an employment service that	32281
supplies full-time, part-time, or temporary staff for positions	32282
involving the direct care of older adults and both of the	32283
following apply:	32284

(a) The chief administrator receives from the employment	32285
service or the applicant a report of the results of a criminal	32286
records check regarding the applicant that has been conducted by	32287
the superintendent within the one-year period immediately	32288
preceding the applicant's referral;	32289

(b) The report of the criminal records check demonstrates	32290
that the person has not been convicted of or pleaded guilty to an	32291
offense listed or described in division (C)(1) of this section, or	32292
the report demonstrates that the person has been convicted of or	32293
pleaded guilty to one or more of those offenses, but the home or	32294
adult day-care program chooses to employ the individual pursuant	32295
to division (F) of this section.	32296

(2) The chief administrator of a home or adult day-care	32297
program is not required to request that the superintendent of the	32298
bureau of criminal identification and investigation conduct a	32299
criminal records check of an applicant and may employ the	32300
applicant conditionally as described in this division, if the	32301
applicant has been referred to the home or program by an	32302
employment service that supplies full-time, part-time, or	32303
temporary staff for positions involving the direct care of older	32304
adults and if the chief administrator receives from the employment	32305
service or the applicant a letter from the employment service that	32306
is on the letterhead of the employment service, dated, and signed	32307
by a supervisor or another designated official of the employment	32308
service and that states that the employment service has requested	32309
the superintendent to conduct a criminal records check regarding	32310
the applicant, that the requested criminal records check will	32311
include a determination of whether the applicant has been	32312
convicted of or pleaded guilty to any offense listed or described	32313
in division (C)(1) of this section, that, as of the date set forth	32314
on the letter, the employment service had not received the results	32315
of the criminal records check, and that, when the employment	32316
service receives the results of the criminal records check, it	32317
promptly will send a copy of the results to the home or adult-care	32318
program. If a home or adult day-care program employs an applicant	32319
conditionally in accordance with this division, the employment	32320
service, upon its receipt of the results of the criminal records	32321
check, promptly shall send a copy of the results to the home or	32322
adult day-care program, and division (C)(2)(b) of this section	32323
applies regarding the conditional employment.	32324

Sec. 3721.19.  (A) As used in this section:

32325

(1) "Home" and "residential care facility" have the same	32326
meanings as in section 3721.01 of the Revised Code;	32327

(2) "Sponsor" and "residents' rights advocate" have the same	32328
meanings as in section 3721.10 of the Revised Code.	32329

A home licensed under this chapter that is not a party to a	32330
provider agreement, as defined in section 5111.20 of the Revised	32331
Code, shall provide each prospective resident, before admission,	32332
with the following information, orally and in a separate written	32333
notice on which is printed in a conspicuous manner: "This home is	32334
not a participant in the medical assistance program administered	32335
by the Ohio department of job and family services. Consequently,	32336
you may be discharged from this home if you are unable to pay for	32337
the services provided by this home."	32338

If the prospective resident has a sponsor whose identity is	32339
made known to the home, the home shall also inform the sponsor,	32340
before admission of the resident, of the home's status relative to	32341
the medical assistance program. Written acknowledgement of the	32342
receipt of the information shall be provided by the resident and,	32343
if the prospective resident has a sponsor who has been identified	32344
to the home, by the sponsor. The written acknowledgement shall be	32345
made part of the resident's record by the home.	32346

No home shall terminate its status as a provider under the	32347
medical assistance program unless it has complied with section	32348
5111.66 of the Revised Code and, at least ninety days prior to	32349
such termination, provided written notice to the department of job	32350
and family services and residents of the home and their sponsors	32351
of such action. This requirement shall not apply in cases where	32352
the department of job and family services terminates a home's	32353
provider agreement or provider status.	32354

(B) A home licensed under this chapter as a residential care	32355
facility shall provide notice to each prospective resident or the	32356
individual's sponsor of the services offered by the facility and	32357
the types of skilled nursing care that the facility may provide. A	32358
residential care facility that, pursuant to section 3721.012 of	32359
the Revised Code, has a policy of entering into risk agreements	32360
with residents or their sponsors shall provide each prospective	32361
resident or the individual's sponsor a written explanation of the	32362
policy and the provisions that may be contained in a risk	32363
agreement. At the time the information is provided, the facility	32364
shall obtain a statement signed by the individual receiving the	32365
information acknowledging that the individual received the	32366
information. The facility shall maintain on file the individual's	32367
signed statement.	32368

(C) A resident has a cause of action against a home for	32369
breach of any duty imposed by this section. The action may be	32370
commenced by the resident, or on the resident's behalf by the	32371
resident's sponsor or a residents' rights advocate, by the filing	32372
of a civil action in the court of common pleas of the county in	32373
which the home is located, or in the court of common pleas of	32374
Franklin county.	32375

If the court finds that a breach of any duty imposed by this	32376
section has occurred, the court shall enjoin the home from	32377
discharging the resident from the home until arrangements	32378
satisfactory to the court are made for the orderly transfer of the	32379
resident to another mode of health care including, but not limited	32380
to, another home, and may award the resident and a person or	32381
public agency that brings an action on behalf of a resident	32382
reasonable attorney's fees. If a home discharges a resident to	32383
whom or to whose sponsor information concerning its status	32384
relative to the medical assistance program was not provided as	32385
required under this section, the court shall grant any appropriate	32386
relief including, but not limited to, actual damages, reasonable	32387
attorney's fees, and costs.	32388

Sec. 3721.51.  The department of job and family services	32389
shall:	32390

(A) For the purposes specified in section 3721.56 of the	32391
Revised Code, determine an annual franchise permit fee on each	32392
nursing home in an amount equal to three dollars and thirty cents	32393
for fiscal year 2002, four dollars and thirty cents for fiscal	32394
yearsyear 2003 through, four dollars and seventy-five cents for	32395
fiscal year 2004, four dollars and ninety-five cents for fiscal	32396
year 2005, and one dollar for each fiscal year thereafter,	32397
multiplied by the product of the following:	32398

(1) The number of beds licensed as nursing home beds, plus	32399
any other beds certified as skilled nursing facility beds under	32400
Title XVIII or nursing facility beds under Title XIX of the	32401
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	32402
amended, on July 1, 1993, and, for each subsequent year, the first	32403
day of May of the calendar year in which the fee is determined	32404
pursuant to division (A) of section 3721.53 of the Revised Code;	32405

(2) The number of days in fiscal year 1994 and, for each	32406
subsequent year, the number of days in the fiscal year beginning	32407
on the first day of July of the calendar year in which the fee is	32408
determined pursuant to division (A) of section 3721.53 of the	32409
Revised Code.	32410

(B) For the purposes specified in section 3721.56 of the	32411
Revised Code, determine an annual franchise permit fee on each	32412
hospital in an amount equal to three dollars and thirty cents for	32413
fiscal year 2002, four dollars and thirty cents for fiscal years	32414
year 2003 through, four dollars and seventy-five cents for fiscal	32415
year 2004, four dollars and ninety-five cents for fiscal year	32416
2005, and one dollar for each fiscal year thereafter, multiplied	32417
by the product of the following:	32418

(1) The number of beds registered pursuant to section 3701.07	32419
of the Revised Code as skilled nursing facility beds or long-term	32420
care beds, plus any other beds licensed as nursing home beds under	32421
section 3721.02 or 3721.09 of the Revised Code, on July 1, 1993,	32422
and, for each subsequent year, the first day of May of the	32423
calendar year in which the fee is determined pursuant to division	32424
(A) of section 3721.53 of the Revised Code;	32425

(2) The number of days in fiscal year 1994 and, for each	32426
subsequent year, the number of days in the fiscal year beginning	32427
on the first day of July of the calendar year in which the fee is	32428
determined pursuant to division (A) of section 3721.53 of the	32429
Revised Code.	32430

If the United States centers for medicare and medicaid	32431
services determines that the franchise permit fee established by	32432
sections 3721.50 to 3721.58 of the Revised Code would be an	32433
impermissible health care related tax under section 1903(w) of the	32434
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	32435
amended, the department of job and family services shall take all	32436
necessary actions to cease implementation of those sections in	32437
accordance with rules adopted under section 3721.58 of the Revised	32438
Code.	32439

Sec. 3721.56.  (A) Thirty and three-tenths per cent of all	32440
payments and penalties paid by nursing homes and hospitals under	32441
sections 3721.53 and 3721.54 of the Revised Code for fiscal year	32442
2002, twenty-three and twenty-six-hundredths per cent of such	32443
payments and penalties paid for fiscal yearsyear 2003 through,	32444
twenty-one and five-hundredths per cent of such payments and	32445
penalties paid for fiscal year 2004, twenty and two-tenths per	32446
cent of such payments and penalties paid for fiscal year 2005, and	32447
all such payments and penalties paid for subsequent fiscal years,	32448
shall be deposited into the "home and community-based services for	32449
the aged fund," which is hereby created in the state treasury. The	32450
departments of job and family services and aging shall use the	32451
moneys in the fund to fund the following in accordance with rules	32452
adopted under section 3721.58 of the Revised Code:	32453

(1) The medical assistancemedicaid program established under	32454
Chapter 5111. of the Revised Code;	32455

(2) The PASSPORT program established under section 173.40 of	32456
the Revised Code;	32457

(3) The residential state supplement program established	32458
under section 173.35 of the Revised Code.	32459

(B) Sixty-nine and seven-tenths per cent of all payments and	32460
penalties paid by nursing homes and hospitals under sections	32461
3721.53 and 3721.54 of the Revised Code for fiscal year 2002, and	32462
seventy-six and seventy-four-hundredths per cent of such payments	32463
and penalties paid for fiscal yearsyear 2003 through,	32464
seventy-eight and ninety-five hundredths per cent of such payments	32465
and penalties paid for fiscal year 2004, and seventy-nine and	32466
eight-tenths per cent of such payments and penalties paid for	32467
fiscal year 2005, shall be deposited into the nursing facility	32468
stabilization fund, which is hereby created in the state treasury.	32469
The department of job and family services shall use the money in	32470
the fund in the manner provided by Am. Sub. H.B. 94 and Am. Sub.	32471
S.B. 261 of the 124th general assemblyto make payments to nursing	32472
facilities under the medicaid program.	32473

Sec. 3721.561. Any money remaining in the nursing facility	32474
stabilization fund created under section 3721.56 of the Revised	32475
Code after payments specified in division (B) of that section are	32476
made for fiscal years 2002 through 2005 shall be retained in the	32477
fund. Any interest or other investment proceeds earned on money in	32478
the fund shall be credited to the fund and used to make payments	32479
in accordance with division (B) of section 3721.56 of the Revised	32480
Code.	32481

Sec. 3722.151.  (A) As used in this section:

32482

(1) "Adult care facility" has the same meaning as in section	32483
3722.01 of the Revised Code.	32484

(2) "Applicant" means a person who is under final	32485
consideration for employment with an adult care facility in a	32486
full-time, part-time, or temporary position that involves	32487
providing direct care to an older adult. "Applicant" does not	32488
include a person who provides direct care as a volunteer without	32489
receiving or expecting to receive any form of remuneration other	32490
than reimbursement for actual expenses.	32491

(3) "Criminal records check" and "older adult" have the same	32492
meanings as in section 109.572 of the Revised Code.	32493

(B)(1) Except as provided in division (I) of this section,	32494
the chief administrator of an adult care facility shall request	32495
that the superintendent of the bureau of criminal identification	32496
and investigation conduct a criminal records check with respect to	32497
each applicant. If an applicant for whom a criminal records check	32498
request is required under this division does not present proof of	32499
having been a resident of this state for the five-year period	32500
immediately prior to the date the criminal records check is	32501
requested or provide evidence that within that five-year period	32502
the superintendent has requested information about the applicant	32503
from the federal bureau of investigation in a criminal records	32504
check, the chief administrator shall request that the	32505
superintendent obtain information from the federal bureau of	32506
investigation as part of the criminal records check of the	32507
applicant. Even if an applicant for whom a criminal records check	32508
request is required under this division presents proof of having	32509
been a resident of this state for the five-year period, the chief	32510
administrator may request that the superintendent include	32511
information from the federal bureau of investigation in the	32512
criminal records check.	32513

(2) A person required by division (B)(1) of this section to	32514
request a criminal records check shall do both of the following:	32515

(a) Provide to each applicant for whom a criminal records	32516
check request is required under that division a copy of the form	32517
prescribed pursuant to division (C)(1) of section 109.572 of the	32518
Revised Code and a standard fingerprint impression sheet	32519
prescribed pursuant to division (C)(2) of that section, and obtain	32520
the completed form and impression sheet from the applicant;	32521

(b) Forward the completed form and impression sheet to the	32522
superintendent of the bureau of criminal identification and	32523
investigation.	32524

(3) An applicant provided the form and fingerprint impression	32525
sheet under division (B)(2)(a) of this section who fails to	32526
complete the form or provide fingerprint impressions shall not be	32527
employed in any position for which a criminal records check is	32528
required by this section.	32529

(C)(1) Except as provided in rules adopted by the public	32530
health council in accordance with division (F) of this section and	32531
subject to division (C)(2) of this section, no adult care facility	32532
shall employ a person in a position that involves providing direct	32533
care to an older adult if the person has been convicted of or	32534
pleaded guilty to any of the following:	32535

(a) A violation of section 2903.01, 2903.02, 2903.03,	32536
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	32537
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	32538
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	32539
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	32540
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	32541
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	32542
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	32543
2925.22, 2925.23, or 3716.11 of the Revised Code.	32544

(b) A violation of an existing or former law of this state,	32545
any other state, or the United States that is substantially	32546
equivalent to any of the offenses listed in division (C)(1)(a) of	32547
this section.	32548

(2)(a) An adult care facility may employ conditionally an	32549
applicant for whom a criminal records check request is required	32550
under division (B) of this section prior to obtaining the results	32551
of a criminal records check regarding the individual, provided	32552
that the facility shall request a criminal records check regarding	32553
the individual in accordance with division (B)(1) of this section	32554
not later than five business days after the individual begins	32555
conditional employment. In the circumstances described in division	32556
(I)(2) of this section, an adult care facility may employ	32557
conditionally an applicant who has been referred to the adult care	32558
facility by an employment service that supplies full-time,	32559
part-time, or temporary staff for positions involving the direct	32560
care of older adults and for whom, pursuant to that division, a	32561
criminal records check is not required under division (B) of this	32562
section.	32563

(b) An adult care facility that employs an individual	32564
conditionally under authority of division (C)(2)(a) of this	32565
section shall terminate the individual's employment if the results	32566
of the criminal records check requested under division (B) of this	32567
section or described in division (I)(2) of this section, other	32568
than the results of any request for information from the federal	32569
bureau of investigation, are not obtained within the period ending	32570
sixtythirty days after the date the request is made. Regardless	32571
of when the results of the criminal records check are obtained, if	32572
the results indicate that the individual has been convicted of or	32573
pleaded guilty to any of the offenses listed or described in	32574
division (C)(1) of this section, the facility shall terminate the	32575
individual's employment unless the facility chooses to employ the	32576
individual pursuant to division (F) of this section. Termination	32577
of employment under this division shall be considered just cause	32578
for discharge for purposes of division (D)(2) of section 4141.29	32579
of the Revised Code if the individual makes any attempt to deceive	32580
the facility about the individual's criminal record.	32581

(D)(1) Each adult care facility shall pay to the bureau of	32582
criminal identification and investigation the fee prescribed	32583
pursuant to division (C)(3) of section 109.572 of the Revised Code	32584
for each criminal records check conducted pursuant to a request	32585
made under division (B) of this section.	32586

(2) An adult care facility may charge an applicant a fee not	32587
exceeding the amount the facility pays under division (D)(1) of	32588
this section. A facility may collect a fee only if it notifies the	32589
person at the time of initial application for employment of the	32590
amount of the fee and that, unless the fee is paid, the person	32591
will not be considered for employment.	32592

(E) The report of any criminal records check conducted	32593
pursuant to a request made under this section is not a public	32594
record for the purposes of section 149.43 of the Revised Code and	32595
shall not be made available to any person other than the	32596
following:	32597

(1) The individual who is the subject of the criminal records	32598
check or the individual's representative;	32599

(2) The chief administrator of the facility requesting the	32600
criminal records check or the administrator's representative;	32601

(3) The administrator of any other facility, agency, or	32602
program that provides direct care to older adults that is owned or	32603
operated by the same entity that owns or operates the adult care	32604
facility;	32605

(4) A court, hearing officer, or other necessary individual	32606
involved in a case dealing with a denial of employment of the	32607
applicant or dealing with employment or unemployment benefits of	32608
the applicant;	32609

(5) Any person to whom the report is provided pursuant to,	32610
and in accordance with, division (I)(1) or (2) of this section.	32611

(F) The public health council shall adopt rules in accordance	32612
with Chapter 119. of the Revised Code to implement this section.	32613
The rules shall specify circumstances under which an adult care	32614
facility may employ a person who has been convicted of or pleaded	32615
guilty to an offense listed or described in division (C)(1) of	32616
this section but meets personal character standards set by the	32617
council.	32618

(G) The chief administrator of an adult care facility shall	32619
inform each individual, at the time of initial application for a	32620
position that involves providing direct care to an older adult,	32621
that the individual is required to provide a set of fingerprint	32622
impressions and that a criminal records check is required to be	32623
conducted if the individual comes under final consideration for	32624
employment.	32625

(H) In a tort or other civil action for damages that is	32626
brought as the result of an injury, death, or loss to person or	32627
property caused by an individual who an adult care facility	32628
employs in a position that involves providing direct care to older	32629
adults, all of the following shall apply:	32630

(1) If the facility employed the individual in good faith and	32631
reasonable reliance on the report of a criminal records check	32632
requested under this section, the facility shall not be found	32633
negligent solely because of its reliance on the report, even if	32634
the information in the report is determined later to have been	32635
incomplete or inaccurate;	32636

(2) If the facility employed the individual in good faith on	32637
a conditional basis pursuant to division (C)(2) of this section,	32638
the facility shall not be found negligent solely because it	32639
employed the individual prior to receiving the report of a	32640
criminal records check requested under this section;	32641

(3) If the facility in good faith employed the individual	32642
according to the personal character standards established in rules	32643
adopted under division (F) of this section, the facility shall not	32644
be found negligent solely because the individual prior to being	32645
employed had been convicted of or pleaded guilty to an offense	32646
listed or described in division (C)(1) of this section.	32647

(I)(1) The chief administrator of an adult care facility is	32648
not required to request that the superintendent of the bureau of	32649
criminal identification and investigation conduct a criminal	32650
records check of an applicant if the applicant has been referred	32651
to the facility by an employment service that supplies full-time,	32652
part-time, or temporary staff for positions involving the direct	32653
care of older adults and both of the following apply:	32654

(a) The chief administrator receives from the employment	32655
service or the applicant a report of the results of a criminal	32656
records check regarding the applicant that has been conducted by	32657
the superintendent within the one-year period immediately	32658
preceding the applicant's referral;	32659

(b) The report of the criminal records check demonstrates	32660
that the person has not been convicted of or pleaded guilty to an	32661
offense listed or described in division (C)(1) of this section, or	32662
the report demonstrates that the person has been convicted of or	32663
pleaded guilty to one or more of those offenses, but the adult	32664
care facility chooses to employ the individual pursuant to	32665
division (F) of this section.	32666

(2) The chief administrator of an adult care facility is not	32667
required to request that the superintendent of the bureau of	32668
criminal identification and investigation conduct a criminal	32669
records check of an applicant and may employ the applicant	32670
conditionally as described in this division, if the applicant has	32671
been referred to the facility by an employment service that	32672
supplies full-time, part-time, or temporary staff for positions	32673
involving the direct care of older adults and if the chief	32674
administrator receives from the employment service or the	32675
applicant a letter from the employment service that is on the	32676
letterhead of the employment service, dated, and signed by a	32677
supervisor or another designated official of the employment	32678
service and that states that the employment service has requested	32679
the superintendent to conduct a criminal records check regarding	32680
the applicant, that the requested criminal records check will	32681
include a determination of whether the applicant has been	32682
convicted of or pleaded guilty to any offense listed or described	32683
in division (C)(1) of this section, that, as of the date set forth	32684
on the letter, the employment service had not received the results	32685
of the criminal records check, and that, when the employment	32686
service receives the results of the criminal records check, it	32687
promptly will send a copy of the results to the adult care	32688
facility. If an adult care facility employs an applicant	32689
conditionally in accordance with this division, the employment	32690
service, upon its receipt of the results of the criminal records	32691
check, promptly shall send a copy of the results to the adult care	32692
facility, and division (C)(2)(b) of this section applies regarding	32693
the conditional employment.	32694

Sec. 3733.43.  (A) Except as otherwise provided in this	32695
division, prior to the fifteenth day of April in each year, every	32696
person who intends to operate an agricultural labor camp shall	32697
make application to the licensor for a license to operate such	32698
camp, effective for the calendar year in which it is issued. The	32699
licensor may accept an application on or after the fifteenth day	32700
of April. The license fees specified in this division shall be	32701
submitted to the licensor with the application for a license. No	32702
agricultural labor camp shall be operated in this state without a	32703
license. Any person operating an agricultural labor camp without a	32704
current and valid agricultural labor camp license is not excepted	32705
from compliance with sections 3733.41 to 3733.49 of the Revised	32706
Code by holding a valid and current hotel license. Each person	32707
proposing to open an agricultural labor camp shall submit with the	32708
application for a license any plans required by any rule adopted	32709
under section 3733.42 of the Revised Code. The annual license fee	32710
is twentyseventy-five dollars, unless the application for a	32711
license is made on or after the fifteenth day of April, in which	32712
case the annual license fee is fortyone hundred dollars. An	32713
additional fee of threeten dollars per housing unit per year	32714
shall be assessed to defray the costs of enforcing sections	32715
3733.41 to 3733.49 of the Revised Code, unless the application for	32716
a license is made on or after the fifteenth day of April, in which	32717
case an additional fee of sixfifteen dollars per housing unit	32718
shall be assessed. All fees collected under this division shall be	32719
deposited in the state treasury to the credit of the general	32720
operations fund created in section 3701.83 of the Revised Code and	32721
shall be used for the administration and enforcement of sections	32722
3733.41 to 3733.49 of the Revised Code and rules adopted	32723
thereunder.	32724

(B) Any license under this section may be denied, suspended,	32725
or revoked by the licensor for violation of sections 3733.41 to	32726
3733.49 of the Revised Code or the rules adopted thereunder.	32727
Unless there is an immediate serious public health hazard, no	32728
denial, suspension, or revocation of a license shall be made	32729
effective until the person operating the agricultural labor camp	32730
has been given notice in writing of the specific violations and a	32731
reasonable time to make corrections. When the licensor determines	32732
that an immediate serious public health hazard exists, hethe	32733
licensor shall issue an order denying or suspending the license	32734
without a prior hearing.	32735

(C) All proceedings under this section are subject to Chapter	32736
119. of the Revised Code except as provided in section 3733.431 of	32737
the Revised Code.	32738

(D) Every occupant of an agricultural labor camp shall keep	32739
that part of the dwelling unit, and premises thereof, that hethe	32740
occupant occupies and controls in a clean and sanitary condition.	32741

Sec. 3733.45.  (A) The licensor shall inspect all	32742
agricultural labor camps and shall require compliance with	32743
sections 3733.41 to 3733.49 of the Revised Code and the rules	32744
adopted thereunder prior to the issuance of a license. Upon	32745
receipt of a complaint from the migrant agricultural ombudsman	32746
ombudsperson or upon the basis of a licensor's own information	32747
that an agricultural labor camp is operating without a license,	32748
the licensor shall inspect the camp. If the camp is operating	32749
without a license, the licensor shall require the camp to comply	32750
with sections 3733.41 to 3733.49 of the Revised Code and the rules	32751
adopted under those sections. No license shall be issued unless	32752
results of water supply tests indicate that the water supply meets	32753
required standards or if any violations exist concerning	32754
sanitation, drainage, or habitability of housing units.	32755

(B) The licensor shall, upon issuance of each license,	32756
distribute posters containing the toll-free telephone number of	32757
the migrant agricultural ombudsmanombudsperson established in	32758
section 3733.49 of the Revised Code and information in English and	32759
Spanish describing the purpose of the ombudsman'sombudsperson's	32760
office, as provided in that section. The licensor shall provide at	32761
least two posters to the licensee, one for histhe licensee's	32762
personal use and at least one that shall be posted in a	32763
conspicuous place within the camp.	32764

(C) The licensor may, upon proper identification to the	32765
operator or histhe operator's agent, enter on any property or	32766
into any structure at any reasonable time for the purpose of	32767
making inspections required by this section.	32768

The licensor shall make at least one inspection prior to	32769
licensing, and at least two inspections during occupancy of the	32770
camps, at least one of which shall be an unannounced evening	32771
inspection conducted after five p.m. The licensor shall determine	32772
and record housing unit occupancy during each evening inspection.	32773
The licensor shall make such other inspections as hethe licensor	32774
considers necessary to enforce sections 3733.41 to 3733.49 of the	32775
Revised Code adequately.	32776

(D) Any plans submitted to the licensor shall be in	32777
compliance with rules adopted pursuant to section 3733.42 of the	32778
Revised Code and shall be approved or disapproved within thirty	32779
days after they are filed.	32780

(E) All designees of the licensor who conduct inspections in	32781
the evening in accordance with this section shall speak both	32782
English and Spanish fluently. At least one member of the permanent	32783
staff assigned to conduct inspections in accordance with this	32784
section shall speak both English and Spanish fluently.	32785

(F) The licensor shall issue an annual report that shall	32786
accurately reflect the results of that year's inspections,	32787
including, but not limited to, numbers of pre- and post-occupancy	32788
inspections, number of violations found, and action taken in	32789
regard to violations. The report shall also include an assessment	32790
of any problems found in that year and proposed solutions for	32791
them.	32792

Sec. 3734.02.  (A) The director of environmental protection,	32793
in accordance with Chapter 119. of the Revised Code, shall adopt	32794
and may amend, suspend, or rescind rules having uniform	32795
application throughout the state governing solid waste facilities	32796
and the inspections of and issuance of permits and licenses for	32797
all solid waste facilities in order to ensure that the facilities	32798
will be located, maintained, and operated, and will undergo	32799
closure and post-closure care, in a sanitary manner so as not to	32800
create a nuisance, cause or contribute to water pollution, create	32801
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.	32802
257.3-8, as amended. The rules may include, without limitation,	32803
financial assurance requirements for closure and post-closure care	32804
and corrective action and requirements for taking corrective	32805
action in the event of the surface or subsurface discharge or	32806
migration of explosive gases or leachate from a solid waste	32807
facility, or of ground water contamination resulting from the	32808
transfer or disposal of solid wastes at a facility, beyond the	32809
boundaries of any area within a facility that is operating or is	32810
undergoing closure or post-closure care where solid wastes were	32811
disposed of or are being disposed of. The rules shall not concern	32812
or relate to personnel policies, salaries, wages, fringe benefits,	32813
or other conditions of employment of employees of persons owning	32814
or operating solid waste facilities. The director, in accordance	32815
with Chapter 119. of the Revised Code, shall adopt and may amend,	32816
suspend, or rescind rules governing the issuance, modification,	32817
revocation, suspension, or denial of variances from the director's	32818
solid waste rules, including, without limitation, rules adopted	32819
under this chapter governing the management of scrap tires.	32820

Variances shall be issued, modified, revoked, suspended, or	32821
rescinded in accordance with this division, rules adopted under	32822
it, and Chapter 3745. of the Revised Code. The director may order	32823
the person to whom a variance is issued to take such action within	32824
such time as the director may determine to be appropriate and	32825
reasonable to prevent the creation of a nuisance or a hazard to	32826
the public health or safety or the environment. Applications for	32827
variances shall contain such detail plans, specifications, and	32828
information regarding objectives, procedures, controls, and other	32829
pertinent data as the director may require. The director shall	32830
grant a variance only if the applicant demonstrates to the	32831
director's satisfaction that construction and operation of the	32832
solid waste facility in the manner allowed by the variance and any	32833
terms or conditions imposed as part of the variance will not	32834
create a nuisance or a hazard to the public health or safety or	32835
the environment. In granting any variance, the director shall	32836
state the specific provision or provisions whose terms are to be	32837
varied and also shall state specific terms or conditions imposed	32838
upon the applicant in place of the provision or provisions. The	32839
director may hold a public hearing on an application for a	32840
variance or renewal of a variance at a location in the county	32841
where the operations that are the subject of the application for	32842
the variance are conducted. The director shall give not less than	32843
twenty days' notice of the hearing to the applicant by certified	32844
mail and shall publish at least one notice of the hearing in a	32845
newspaper with general circulation in the county where the hearing	32846
is to be held. The director shall make available for public	32847
inspection at the principal office of the environmental protection	32848
agency a current list of pending applications for variances and a	32849
current schedule of pending variance hearings. The director shall	32850
make a complete stenographic record of testimony and other	32851
evidence submitted at the hearing. Within ten days after the	32852
hearing, the director shall make a written determination to issue,	32853
renew, or deny the variance and shall enter the determination and	32854
the basis for it into the record of the hearing. The director	32855
shall issue, renew, or deny an application for a variance or	32856
renewal of a variance within six months of the date upon which the	32857
director receives a complete application with all pertinent	32858
information and data required. No variance shall be issued,	32859
revoked, modified, or denied until the director has considered the	32860
relative interests of the applicant, other persons and property	32861
affected by the variance, and the general public. Any variance	32862
granted under this division shall be for a period specified by the	32863
director and may be renewed from time to time on such terms and	32864
for such periods as the director determines to be appropriate. No	32865
application shall be denied and no variance shall be revoked or	32866
modified without a written order stating the findings upon which	32867
the denial, revocation, or modification is based. A copy of the	32868
order shall be sent to the applicant or variance holder by	32869
certified mail.	32870

(B) The director shall prescribe and furnish the forms	32871
necessary to administer and enforce this chapter. The director may	32872
cooperate with and enter into agreements with other state, local,	32873
or federal agencies to carry out the purposes of this chapter. The	32874
director may exercise all incidental powers necessary to carry out	32875
the purposes of this chapter.	32876

The director may use moneys in the infectious waste	32877
management fund created in section 3734.021 of the Revised Code	32878
exclusively for administering and enforcing the provisions of this	32879
chapter governing the management of infectious wastes. Of each	32880
registration and renewal fee collected under rules adopted under	32881
division (A)(2)(a) of section 3734.021 or under section 3734.022	32882
of the Revised Code, the director, within forty-five days of its	32883
receipt, shall remit from the fund one-half of the fee received to	32884
the board of health of the health district in which the registered	32885
premises is located, or, in the instance of an infectious wastes	32886
transporter, to the board of health of the health district in	32887
which the transporter's principal place of business is located.	32888
However, if the board of health having jurisdiction over a	32889
registrant's premises or principal place of business is not on the	32890
approved list under section 3734.08 of the Revised Code, the	32891
director shall not make that payment to the board of health.	32892

(C) Except as provided in this division and divisions (N)(2)	32893
and (3) of this section, no person shall establish a new solid	32894
waste facility or infectious waste treatment facility, or modify	32895
an existing solid waste facility or infectious waste treatment	32896
facility, without submitting an application for a permit with	32897
accompanying detail plans, specifications, and information	32898
regarding the facility and method of operation and receiving a	32899
permit issued by the director, except that no permit shall be	32900
required under this division to install or operate a solid waste	32901
facility for sewage sludge treatment or disposal when the	32902
treatment or disposal is authorized by a current permit issued	32903
under Chapter 3704. or 6111. of the Revised Code.	32904

No person shall continue to operate a solid waste facility	32905
for which the director has denied a permit for which an	32906
application was required under division (A)(3) of section 3734.05	32907
of the Revised Code, or for which the director has disapproved	32908
plans and specifications required to be filed by an order issued	32909
under division (A)(5) of that section, after the date prescribed	32910
for commencement of closure of the facility in the order issued	32911
under division (A)(6) of section 3734.05 of the Revised Code	32912
denying the permit application or approval.	32913

On and after the effective date of the rules adopted under	32914
division (A) of this section and division (D) of section 3734.12	32915
of the Revised Code governing solid waste transfer facilities, no	32916
person shall establish a new, or modify an existing, solid waste	32917
transfer facility without first submitting an application for a	32918
permit with accompanying engineering detail plans, specifications,	32919
and information regarding the facility and its method of operation	32920
to the director and receiving a permit issued by the director.	32921

No person shall establish a new compost facility or continue	32922
to operate an existing compost facility that accepts exclusively	32923
source separated yard wastes without submitting a completed	32924
registration for the facility to the director in accordance with	32925
rules adopted under divisions (A) and (N)(3) of this section.	32926

This division does not apply to an infectious waste treatment	32927
facility that meets any of the following conditions:	32928

(1) Is owned or operated by the generator of the wastes and	32929
exclusively treats, by methods, techniques, and practices	32930
established by rules adopted under division (C)(1) or (3) of	32931
section 3734.021 of the Revised Code, wastes that are generated at	32932
any premises owned or operated by that generator regardless of	32933
whether the wastes are generated on the premises where the	32934
generator's treatment facility is located or, if the generator is	32935
a hospital as defined in section 3727.01 of the Revised Code,	32936
infectious wastes that are described in division (A)(1)(g), (h),	32937
or (i) of section 3734.021 of the Revised Code;	32938

(2) Holds a license or renewal of a license to operate a	32939
crematory facility issued under Chapter 4717. and a permit issued	32940
under Chapter 3704. of the Revised Code;	32941

(3) Treats or disposes of dead animals or parts thereof, or	32942
the blood of animals, and is subject to any of the following:	32943

(a) Inspection under the "Federal Meat Inspection Act," 81	32944
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	32945

(b) Chapter 918. of the Revised Code;

32946

(c) Chapter 953. of the Revised Code.

32947

(D) Neither this chapter nor any rules adopted under it apply	32948
to single-family residential premises; to infectious wastes	32949
generated by individuals for purposes of their own care or	32950
treatment that are disposed of with solid wastes from the	32951
individual's residence; to the temporary storage of solid wastes,	32952
other than scrap tires, prior to their collection for disposal; to	32953
the storage of one hundred or fewer scrap tires unless they are	32954
stored in such a manner that, in the judgment of the director or	32955
the board of health of the health district in which the scrap	32956
tires are stored, the storage causes a nuisance, a hazard to	32957
public health or safety, or a fire hazard; or to the collection of	32958
solid wastes, other than scrap tires, by a political subdivision	32959
or a person holding a franchise or license from a political	32960
subdivision of the state; to composting, as defined in section	32961
1511.01 of the Revised Code, conducted in accordance with section	32962
1511.022 of the Revised Code; or to any person who is licensed to	32963
transport raw rendering material to a compost facility pursuant to	32964
section 953.23 of the Revised Code.	32965

(E)(1) As used in this division and section 3734.18 of the	32966
Revised Code:	32967

(a) "On-site facility" means a facility that stores, treats,	32968
or disposes of hazardous waste that is generated on the premises	32969
of the facility.	32970

(b) "Off-site facility" means a facility that stores, treats,	32971
or disposes of hazardous waste that is generated off the premises	32972
of the facility and includes such a facility that is also an	32973
on-site facility.	32974

(c) "Satellite facility" means any of the following:

32975

(i) An on-site facility that also receives hazardous waste	32976
from other premises owned by the same person who generates the	32977
waste on the facility premises;	32978

(ii) An off-site facility operated so that all of the	32979
hazardous waste it receives is generated on one or more premises	32980
owned by the person who owns the facility;	32981

(iii) An on-site facility that also receives hazardous waste	32982
that is transported uninterruptedly and directly to the facility	32983
through a pipeline from a generator who is not the owner of the	32984
facility.	32985

(2) Except as provided in division (E)(3) of this section, no	32986
person shall establish or operate a hazardous waste facility, or	32987
use a solid waste facility for the storage, treatment, or disposal	32988
of any hazardous waste, without a hazardous waste facility	32989
installation and operation permit from the hazardous waste	32990
facility board issued in accordance with section 3734.05 of the	32991
Revised Code and subject to the payment of an application fee not	32992
to exceed one thousand five hundred dollars, payable upon	32993
application for a hazardous waste facility installation and	32994
operation permit and upon application for a renewal permit issued	32995
under division (H) of section 3734.05 of the Revised Code, to be	32996
credited to the hazardous waste facility management fund created	32997
in section 3734.18 of the Revised Code. The term of a hazardous	32998
waste facility installation and operation permit shall not exceed	32999
five years.	33000

In addition to the application fee, there is hereby levied an	33001
annual permit fee to be paid by the permit holder upon the	33002
anniversaries of the date of issuance of the hazardous waste	33003
facility installation and operation permit and of any subsequent	33004
renewal permits and to be credited to the hazardous waste facility	33005
management fund. Annual permit fees totaling forty thousand	33006
dollars or more for any one facility may be paid on a quarterly	33007
basis with the first quarterly payment each year being due on the	33008
anniversary of the date of issuance of the hazardous waste	33009
facility installation and operation permit and of any subsequent	33010
renewal permits. The annual permit fee shall be determined for	33011
each permit holder by the director in accordance with the	33012
following schedule:	33013

In determining the annual permit fee required by this	33044
section, the director shall not require additional payments for	33045
multiple units of the same method of storage, treatment, or	33046
disposal or for individual units that are used for both storage	33047
and treatment. A facility using more than one method of storage,	33048
treatment, or disposal shall pay the permit fee indicated by the	33049
schedule for each such method.	33050

The director shall not require the payment of that portion of	33051
an annual permit fee of any permit holder that would apply to a	33052
hazardous waste management unit for which a permit has been	33053
issued, but for which construction has not yet commenced. Once	33054
construction has commenced, the director shall require the payment	33055
of a part of the appropriate fee indicated by the schedule that	33056
bears the same relationship to the total fee that the number of	33057
days remaining until the next anniversary date at which payment of	33058
the annual permit fee is due bears to three hundred sixty-five.	33059

The director, by rules adopted in accordance with Chapters	33060
119. and 3745. of the Revised Code, shall prescribe procedures for	33061
collecting the annual permit fee established by this division and	33062
may prescribe other requirements necessary to carry out this	33063
division.	33064

(3) The prohibition against establishing or operating a	33065
hazardous waste facility without a hazardous waste facility	33066
installation and operation permit from the board does not apply to	33067
either of the following:	33068

(a) A facility that is operating in accordance with a permit	33069
renewal issued under division (H) of section 3734.05 of the	33070
Revised Code, a revision issued under division (I) of that section	33071
as it existed prior to August 20, 1996, or a modification issued	33072
by the director under division (I) of that section on and after	33073
August 20, 1996;	33074

(b) Except as provided in division (J) of section 3734.05 of	33075
the Revised Code, a facility that will operate or is operating in	33076
accordance with a permit by rule, or that is not subject to permit	33077
requirements, under rules adopted by the director. In accordance	33078
with Chapter 119. of the Revised Code, the director shall adopt,	33079
and subsequently may amend, suspend, or rescind, rules for the	33080
purposes of division (E)(3)(b) of this section. Any rules so	33081
adopted shall be consistent with and equivalent to regulations	33082
pertaining to interim status adopted under the "Resource	33083
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	33084
6921, as amended, except as otherwise provided in this chapter.	33085

If a modification is requested or proposed for a facility	33086
described in division (E)(3)(a) or (b) of this section, division	33087
(I)(8)(7) of section 3734.05 of the Revised Code applies.	33088

(F) No person shall store, treat, or dispose of hazardous	33089
waste identified or listed under this chapter and rules adopted	33090
under it, regardless of whether generated on or off the premises	33091
where the waste is stored, treated, or disposed of, or transport	33092
or cause to be transported any hazardous waste identified or	33093
listed under this chapter and rules adopted under it to any other	33094
premises, except at or to any of the following:	33095

(1) A hazardous waste facility operating under a permit	33096
issued in accordance with this chapter;	33097

(2) A facility in another state operating under a license or	33098
permit issued in accordance with the "Resource Conservation and	33099
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	33100
amended;	33101

(3) A facility in another nation operating in accordance with	33102
the laws of that nation;	33103

(4) A facility holding a permit issued pursuant to Title I of	33104
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86	33105
Stat. 1052, 33 U.S.C.A. 1401, as amended;	33106

(5) A hazardous waste facility as described in division	33107
(E)(3)(a) or (b) of this section.	33108

(G) The director, by order, may exempt any person generating,	33109
collecting, storing, treating, disposing of, or transporting solid	33110
wastes or hazardous waste, or processing solid wastes that consist	33111
of scrap tires, in such quantities or under such circumstances	33112
that, in the determination of the director, are unlikely to	33113
adversely affect the public health or safety or the environment	33114
from any requirement to obtain a registration certificate, permit,	33115
or license or comply with the manifest system or other	33116
requirements of this chapter. Such an exemption shall be	33117
consistent with and equivalent to any regulations adopted by the	33118
administrator of the United States environmental protection agency	33119
under the "Resource Conservation and Recovery Act of 1976," 90	33120
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise	33121
provided in this chapter.	33122

(H) No person shall engage in filling, grading, excavating,	33123
building, drilling, or mining on land where a hazardous waste	33124
facility, or a solid waste facility, was operated without prior	33125
authorization from the director, who shall establish the procedure	33126
for granting such authorization by rules adopted in accordance	33127
with Chapter 119. of the Revised Code.	33128

A public utility that has main or distribution lines above or	33129
below the land surface located on an easement or right-of-way	33130
across land where a solid waste facility was operated may engage	33131
in any such activity within the easement or right-of-way without	33132
prior authorization from the director for purposes of performing	33133
emergency repair or emergency replacement of its lines; of the	33134
poles, towers, foundations, or other structures supporting or	33135
sustaining any such lines; or of the appurtenances to those	33136
structures, necessary to restore or maintain existing public	33137
utility service. A public utility may enter upon any such easement	33138
or right-of-way without prior authorization from the director for	33139
purposes of performing necessary or routine maintenance of those	33140
portions of its existing lines; of the existing poles, towers,	33141
foundations, or other structures sustaining or supporting its	33142
lines; or of the appurtenances to any such supporting or	33143
sustaining structure, located on or above the land surface on any	33144
such easement or right-of-way. Within twenty-four hours after	33145
commencing any such emergency repair, replacement, or maintenance	33146
work, the public utility shall notify the director or the	33147
director's authorized representative of those activities and shall	33148
provide such information regarding those activities as the	33149
director or the director's representative may request. Upon	33150
completion of the emergency repair, replacement, or maintenance	33151
activities, the public utility shall restore any land of the solid	33152
waste facility disturbed by those activities to the condition	33153
existing prior to the commencement of those activities.	33154

(I) No owner or operator of a hazardous waste facility, in	33155
the operation of the facility, shall cause, permit, or allow the	33156
emission therefrom of any particulate matter, dust, fumes, gas,	33157
mist, smoke, vapor, or odorous substance that, in the opinion of	33158
the director, unreasonably interferes with the comfortable	33159
enjoyment of life or property by persons living or working in the	33160
vicinity of the facility, or that is injurious to public health.	33161
Any such action is hereby declared to be a public nuisance.	33162

(J) Notwithstanding any other provision of this chapter, in	33163
the event the director finds an imminent and substantial danger to	33164
public health or safety or the environment that creates an	33165
emergency situation requiring the immediate treatment, storage, or	33166
disposal of hazardous waste, the director may issue a temporary	33167
emergency permit to allow the treatment, storage, or disposal of	33168
the hazardous waste at a facility that is not otherwise authorized	33169
by a hazardous waste facility installation and operation permit to	33170
treat, store, or dispose of the waste. The emergency permit shall	33171
not exceed ninety days in duration and shall not be renewed. The	33172
director shall adopt, and may amend, suspend, or rescind, rules in	33173
accordance with Chapter 119. of the Revised Code governing the	33174
issuance, modification, revocation, and denial of emergency	33175
permits.	33176

(K) No owner or operator of a sanitary landfill shall	33177
knowingly accept for disposal, or dispose of, any infectious	33178
wastes, other than those subject to division (A)(1)(c) of section	33179
3734.021 of the Revised Code, that have not been treated to render	33180
them noninfectious. For the purposes of this division,	33181
certification by the owner or operator of the treatment facility	33182
where the wastes were treated on the shipping paper required by	33183
rules adopted under division (D)(2) of that section creates a	33184
rebuttable presumption that the wastes have been so treated.	33185

(L) The director, in accordance with Chapter 119. of the	33186
Revised Code, shall adopt, and may amend, suspend, or rescind,	33187
rules having uniform application throughout the state establishing	33188
a training and certification program that shall be required for	33189
employees of boards of health who are responsible for enforcing	33190
the solid waste and infectious waste provisions of this chapter	33191
and rules adopted under them and for persons who are responsible	33192
for the operation of solid waste facilities or infectious waste	33193
treatment facilities. The rules shall provide all of the	33194
following, without limitation:	33195

(1) The program shall be administered by the director and	33196
shall consist of a course on new solid waste and infectious waste	33197
technologies, enforcement procedures, and rules;	33198

(2) The course shall be offered on an annual basis;

33199

(3) Those persons who are required to take the course under	33200
division (L) of this section shall do so triennially;	33201

(4) Persons who successfully complete the course shall be	33202
certified by the director;	33203

(5) Certification shall be required for all employees of	33204
boards of health who are responsible for enforcing the solid waste	33205
or infectious waste provisions of this chapter and rules adopted	33206
under them and for all persons who are responsible for the	33207
operation of solid waste facilities or infectious waste treatment	33208
facilities;	33209

(6)(a) All employees of a board of health who, on the	33210
effective date of the rules adopted under this division, are	33211
responsible for enforcing the solid waste or infectious waste	33212
provisions of this chapter and the rules adopted under them shall	33213
complete the course and be certified by the director not later	33214
than January 1, 1995;	33215

(b) All employees of a board of health who, after the	33216
effective date of the rules adopted under division (L) of this	33217
section, become responsible for enforcing the solid waste or	33218
infectious waste provisions of this chapter and rules adopted	33219
under them and who do not hold a current and valid certification	33220
from the director at that time shall complete the course and be	33221
certified by the director within two years after becoming	33222
responsible for performing those activities.	33223

No person shall fail to obtain the certification required	33224
under this division.	33225

(M) The director shall not issue a permit under section	33226
3734.05 of the Revised Code to establish a solid waste facility,	33227
or to modify a solid waste facility operating on December 21,	33228
1988, in a manner that expands the disposal capacity or geographic	33229
area covered by the facility, that is or is to be located within	33230
the boundaries of a state park established or dedicated under	33231
Chapter 1541. of the Revised Code, a state park purchase area	33232
established under section 1541.02 of the Revised Code, any unit of	33233
the national park system, or any property that lies within the	33234
boundaries of a national park or recreation area, but that has not	33235
been acquired or is not administered by the secretary of the	33236
United States department of the interior, located in this state,	33237
or any candidate area located in this state and identified for	33238
potential inclusion in the national park system in the edition of	33239
the "national park system plan" submitted under paragraph (b) of	33240
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	33241
U.S.C.A. 1a-5, as amended, current at the time of filing of the	33242
application for the permit, unless the facility or proposed	33243
facility is or is to be used exclusively for the disposal of solid	33244
wastes generated within the park or recreation area and the	33245
director determines that the facility or proposed facility will	33246
not degrade any of the natural or cultural resources of the park	33247
or recreation area. The director shall not issue a variance under	33248
division (A) of this section and rules adopted under it, or issue	33249
an exemption order under division (G) of this section, that would	33250
authorize any such establishment or expansion of a solid waste	33251
facility within the boundaries of any such park or recreation	33252
area, state park purchase area, or candidate area, other than a	33253
solid waste facility exclusively for the disposal of solid wastes	33254
generated within the park or recreation area when the director	33255
determines that the facility will not degrade any of the natural	33256
or cultural resources of the park or recreation area.	33257

(N)(1) The rules adopted under division (A) of this section,	33258
other than those governing variances, do not apply to scrap tire	33259
collection, storage, monocell, monofill, and recovery facilities.	33260
Those facilities are subject to and governed by rules adopted	33261
under sections 3734.70 to 3734.73 of the Revised Code, as	33262
applicable.	33263

(2) Division (C) of this section does not apply to scrap tire	33264
collection, storage, monocell, monofill, and recovery facilities.	33265
The establishment and modification of those facilities are subject	33266
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised	33267
Code, as applicable.	33268

(3) The director may adopt, amend, suspend, or rescind rules	33269
under division (A) of this section creating an alternative system	33270
for authorizing the establishment, operation, or modification of a	33271
solid waste compost facility in lieu of the requirement that a	33272
person seeking to establish, operate, or modify a solid waste	33273
compost facility apply for and receive a permit under division (C)	33274
of this section and section 3734.05 of the Revised Code and a	33275
license under division (A)(1) of that section. The rules may	33276
include requirements governing, without limitation, the	33277
classification of solid waste compost facilities, the submittal of	33278
operating records for solid waste compost facilities, and the	33279
creation of a registration or notification system in lieu of the	33280
issuance of permits and licenses for solid waste compost	33281
facilities. The rules shall specify the applicability of divisions	33282
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised	33283
Code to a solid waste compost facility.	33284

Sec. 3734.05.  (A)(1) Except as provided in divisions (A)(4),	33285
(8), and (9) of this section, no person shall operate or maintain	33286
a solid waste facility without a license issued under this	33287
division by the board of health of the health district in which	33288
the facility is located or by the director of environmental	33289
protection when the health district in which the facility is	33290
located is not on the approved list under section 3734.08 of the	33291
Revised Code.	33292

During the month of December, but before the first day of	33293
January of the next year, every person proposing to continue to	33294
operate an existing solid waste facility shall procure a license	33295
under this division to operate the facility for that year from the	33296
board of health of the health district in which the facility is	33297
located or, if the health district is not on the approved list	33298
under section 3734.08 of the Revised Code, from the director. The	33299
application for such a license shall be submitted to the board of	33300
health or to the director, as appropriate, on or before the last	33301
day of September of the year preceding that for which the license	33302
is sought. In addition to the application fee prescribed in	33303
division (A)(2) of this section, a person who submits an	33304
application after that date shall pay an additional ten per cent	33305
of the amount of the application fee for each week that the	33306
application is late. Late payment fees accompanying an application	33307
submitted to the board of health shall be credited to the special	33308
fund of the health district created in division (B) of section	33309
3734.06 of the Revised Code, and late payment fees accompanying an	33310
application submitted to the director shall be credited to the	33311
general revenue fund. A person who has received a license, upon	33312
sale or disposition of a solid waste facility, and upon consent of	33313
the board of health and the director, may have the license	33314
transferred to another person. The board of health or the director	33315
may include such terms and conditions in a license or revision to	33316
a license as are appropriate to ensure compliance with this	33317
chapter and rules adopted under it. The terms and conditions may	33318
establish the authorized maximum daily waste receipts for the	33319
facility. Limitations on maximum daily waste receipts shall be	33320
specified in cubic yards of volume for the purpose of regulating	33321
the design, construction, and operation of solid waste facilities.	33322
Terms and conditions included in a license or revision to a	33323
license by a board of health shall be consistent with, and pertain	33324
only to the subjects addressed in, the rules adopted under	33325
division (A) of section 3734.02 and division (D) of section	33326
3734.12 of the Revised Code.	33327

(2)(a) Except as provided in divisions (A)(2)(b), (8), and	33328
(9) of this section, each person proposing to open a new solid	33329
waste facility or to modify an existing solid waste facility shall	33330
submit an application for a permit with accompanying detail plans	33331
and specifications to the environmental protection agency for	33332
required approval under the rules adopted by the director pursuant	33333
to division (A) of section 3734.02 of the Revised Code and	33334
applicable rules adopted under division (D) of section 3734.12 of	33335
the Revised Code at least two hundred seventy days before proposed	33336
operation of the facility and shall concurrently make application	33337
for the issuance of a license under division (A)(1) of this	33338
section with the board of health of the health district in which	33339
the proposed facility is to be located.	33340

(b) On and after the effective date of the rules adopted	33341
under division (A) of section 3734.02 of the Revised Code and	33342
division (D) of section 3734.12 of the Revised Code governing	33343
solid waste transfer facilities, each person proposing to open a	33344
new solid waste transfer facility or to modify an existing solid	33345
waste transfer facility shall submit an application for a permit	33346
with accompanying engineering detail plans, specifications, and	33347
information regarding the facility and its method of operation to	33348
the environmental protection agency for required approval under	33349
those rules at least two hundred seventy days before commencing	33350
proposed operation of the facility and concurrently shall make	33351
application for the issuance of a license under division (A)(1) of	33352
this section with the board of health of the health district in	33353
which the facility is located or proposed.	33354

(c) Each application for a permit under division (A)(2)(a) or	33355
(b) of this section shall be accompanied by a nonrefundable	33356
application fee of four hundred dollars that shall be credited to	33357
the general revenue fund. Each application for an annual license	33358
under division (A)(1) or (2) of this section shall be accompanied	33359
by a nonrefundable application fee of one hundred dollars. If the	33360
application for an annual license is submitted to a board of	33361
health on the approved list under section 3734.08 of the Revised	33362
Code, the application fee shall be credited to the special fund of	33363
the health district created in division (B) of section 3734.06 of	33364
the Revised Code. If the application for an annual license is	33365
submitted to the director, the application fee shall be credited	33366
to the general revenue fund. If a permit or license is issued, the	33367
amount of the application fee paid shall be deducted from the	33368
amount of the permit fee due under division (Q) of section 3745.11	33369
of the Revised Code or the amount of the license fee due under	33370
division (A)(1), (2), (3), or (4) of section 3734.06 of the	33371
Revised Code.	33372

(d) As used in divisions (A)(2)(d), (e), and (f) of this	33373
section, "modify" means any of the following:	33374

(i) Any increase of more than ten per cent in the total	33375
capacity of a solid waste facility;	33376

(ii) Any expansion of the limits of solid waste placement at	33377
a solid waste facility;	33378

(iii) Any increase in the depth of excavation at a solid	33379
waste facility;	33380

(iv) Any change in the technique of waste receipt or type of	33381
waste received at a solid waste facility that may endanger human	33382
health, as determined by the director by rules adopted in	33383
accordance with Chapter 119. of the Revised Code.	33384

Not later than thirty-five days after submitting an	33385
application under division (A)(2)(a) or (b) of this section for a	33386
permit to open a new or modify an existing solid waste facility,	33387
the applicant, in conjunction with an officer or employee of the	33388
environmental protection agency, shall hold a public meeting on	33389
the application within the county in which the new or modified	33390
solid waste facility is or is proposed to be located or within a	33391
contiguous county. Not less than thirty days before holding the	33392
public meeting on the application, the applicant shall publish	33393
notice of the meeting in each newspaper of general circulation	33394
that is published in the county in which the facility is or is	33395
proposed to be located. If no newspaper of general circulation is	33396
published in the county, the applicant shall publish the notice in	33397
a newspaper of general circulation in the county. The notice shall	33398
contain the date, time, and location of the public meeting and a	33399
general description of the proposed new or modified facility. Not	33400
later than five days after publishing the notice, the applicant	33401
shall send by certified mail a copy of the notice and the date the	33402
notice was published to the director and the legislative authority	33403
of each municipal corporation, township, and county, and to the	33404
chief executive officer of each municipal corporation, in which	33405
the facility is or is proposed to be located. At the public	33406
meeting, the applicant shall provide information and describe the	33407
application and respond to comments or questions concerning the	33408
application, and the officer or employee of the agency shall	33409
describe the permit application process. At the public meeting,	33410
any person may submit written or oral comments on or objections to	33411
the application. Not more than thirty days after the public	33412
meeting, the applicant shall provide the director with a copy of a	33413
transcript of the full meeting, copies of any exhibits, displays,	33414
or other materials presented by the applicant at the meeting, and	33415
the original copy of any written comments submitted at the	33416
meeting.	33417

(e) Except as provided in division (A)(2)(f) of this section,	33418
prior to taking an action, other than a proposed or final denial,	33419
upon an application submitted under division (A)(2)(a) of this	33420
section for a permit to open a new or modify an existing solid	33421
waste facility, the director shall hold a public information	33422
session and a public hearing on the application within the county	33423
in which the new or modified solid waste facility is or is	33424
proposed to be located or within a contiguous county. If the	33425
application is for a permit to open a new solid waste facility,	33426
the director shall hold the hearing not less than fourteen days	33427
after the information session. If the application is for a permit	33428
to modify an existing solid waste facility, the director may hold	33429
both the information session and the hearing on the same day	33430
unless any individual affected by the application requests in	33431
writing that the information session and the hearing not be held	33432
on the same day, in which case the director shall hold the hearing	33433
not less than fourteen days after the information session. The	33434
director shall publish notice of the public information session or	33435
public hearing not less than thirty days before holding the	33436
information session or hearing, as applicable. The notice shall be	33437
published in each newspaper of general circulation that is	33438
published in the county in which the facility is or is proposed to	33439
be located. If no newspaper of general circulation is published in	33440
the county, the director shall publish the notice in a newspaper	33441
of general circulation in the county. The notice shall contain the	33442
date, time, and location of the information session or hearing, as	33443
applicable, and a general description of the proposed new or	33444
modified facility. At the public information session, an officer	33445
or employee of the environmental protection agency shall describe	33446
the status of the permit application and be available to respond	33447
to comments or questions concerning the application. At the public	33448
hearing, any person may submit written or oral comments on or	33449
objections to the approval of the application. The applicant, or a	33450
representative of the applicant who has knowledge of the location,	33451
construction, and operation of the facility, shall attend the	33452
information session and public hearing to respond to comments or	33453
questions concerning the facility directed to the applicant or	33454
representative by the officer or employee of the environmental	33455
protection agency presiding at the information session and	33456
hearing.	33457

(f) The solid waste management policy committee of a county	33458
or joint solid waste management district may adopt a resolution	33459
requesting expeditious consideration of a specific application	33460
submitted under division (A)(2)(a) of this section for a permit to	33461
modify an existing solid waste facility within the district. The	33462
resolution shall make the finding that expedited consideration of	33463
the application without the public information session and public	33464
hearing under division (A)(2)(e) of this section is in the public	33465
interest and will not endanger human health, as determined by the	33466
director by rules adopted in accordance with Chapter 119. of the	33467
Revised Code. Upon receiving such a resolution, the director, at	33468
the director's discretion, may issue a final action upon the	33469
application without holding a public information session or public	33470
hearing pursuant to division (A)(2)(e) of this section.	33471

(3) Except as provided in division (A)(10) of this section,	33472
and unless the owner or operator of any solid waste facility,	33473
other than a solid waste transfer facility or a compost facility	33474
that accepts exclusively source separated yard wastes, that	33475
commenced operation on or before July 1, 1968, has obtained an	33476
exemption from the requirements of division (A)(3) of this section	33477
in accordance with division (G) of section 3734.02 of the Revised	33478
Code, the owner or operator shall submit to the director an	33479
application for a permit with accompanying engineering detail	33480
plans, specifications, and information regarding the facility and	33481
its method of operation for approval under rules adopted under	33482
division (A) of section 3734.02 of the Revised Code and applicable	33483
rules adopted under division (D) of section 3734.12 of the Revised	33484
Code in accordance with the following schedule:	33485

(a) Not later than September 24, 1988, if the facility is	33486
located in the city of Garfield Heights or Parma in Cuyahoga	33487
county;	33488

(b) Not later than December 24, 1988, if the facility is	33489
located in Delaware, Greene, Guernsey, Hamilton, Madison,	33490
Mahoning, Ottawa, or Vinton county;	33491

(c) Not later than March 24, 1989, if the facility is located	33492
in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, or	33493
Washington county, or is located in the city of Brooklyn or	33494
Cuyahoga Heights in Cuyahoga county;	33495

(d) Not later than June 24, 1989, if the facility is located	33496
in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, Lucas, or	33497
Summit county or is located in Cuyahoga county outside the cities	33498
of Garfield Heights, Parma, Brooklyn, and Cuyahoga Heights;	33499

(e) Not later than September 24, 1989, if the facility is	33500
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	33501
county;	33502

(f) Not later than December 24, 1989, if the facility is	33503
located in a county not listed in divisions (A)(3)(a) to (e) of	33504
this section;	33505

(g) Notwithstanding divisions (A)(3)(a) to (f) of this	33506
section, not later than December 31, 1990, if the facility is a	33507
solid waste facility owned by a generator of solid wastes when the	33508
solid waste facility exclusively disposes of solid wastes	33509
generated at one or more premises owned by the generator	33510
regardless of whether the facility is located on a premises where	33511
the wastes are generated and if the facility disposes of more than	33512
one hundred thousand tons of solid wastes per year, provided that	33513
any such facility shall be subject to division (A)(5) of this	33514
section.	33515

(4) Except as provided in divisions (A)(8), (9), and (10) of	33516
this section, unless the owner or operator of any solid waste	33517
facility for which a permit was issued after July 1, 1968, but	33518
before January 1, 1980, has obtained an exemption from the	33519
requirements of division (A)(4) of this section under division (G)	33520
of section 3734.02 of the Revised Code, the owner or operator	33521
shall submit to the director an application for a permit with	33522
accompanying engineering detail plans, specifications, and	33523
information regarding the facility and its method of operation for	33524
approval under those rules.	33525

(5) The director may issue an order in accordance with	33526
Chapter 3745. of the Revised Code to the owner or operator of a	33527
solid waste facility requiring the person to submit to the	33528
director updated engineering detail plans, specifications, and	33529
information regarding the facility and its method of operation for	33530
approval under rules adopted under division (A) of section 3734.02	33531
of the Revised Code and applicable rules adopted under division	33532
(D) of section 3734.12 of the Revised Code if, in the director's	33533
judgment, conditions at the facility constitute a substantial	33534
threat to public health or safety or are causing or contributing	33535
to or threatening to cause or contribute to air or water pollution	33536
or soil contamination. Any person who receives such an order shall	33537
submit the updated engineering detail plans, specifications, and	33538
information to the director within one hundred eighty days after	33539
the effective date of the order.	33540

(6) The director shall act upon an application submitted	33541
under division (A)(3) or (4) of this section and any updated	33542
engineering plans, specifications, and information submitted under	33543
division (A)(5) of this section within one hundred eighty days	33544
after receiving them. If the director denies any such permit	33545
application, the order denying the application or disapproving the	33546
plans shall include the requirements that the owner or operator	33547
submit a plan for closure and post-closure care of the facility to	33548
the director for approval within six months after issuance of the	33549
order, cease accepting solid wastes for disposal or transfer at	33550
the facility, and commence closure of the facility not later than	33551
one year after issuance of the order. If the director determines	33552
that closure of the facility within that one-year period would	33553
result in the unavailability of sufficient solid waste management	33554
facility capacity within the county or joint solid waste	33555
management district in which the facility is located to dispose of	33556
or transfer the solid waste generated within the district, the	33557
director in the order of denial or disapproval may postpone	33558
commencement of closure of the facility for such period of time as	33559
the director finds necessary for the board of county commissioners	33560
or directors of the district to secure access to or for there to	33561
be constructed within the district sufficient solid waste	33562
management facility capacity to meet the needs of the district,	33563
provided that the director shall certify in the director's order	33564
that postponing the date for commencement of closure will not	33565
endanger ground water or any property surrounding the facility,	33566
allow methane gas migration to occur, or cause or contribute to	33567
any other type of environmental damage.	33568

If an emergency need for disposal capacity that may affect	33569
public health and safety exists as a result of closure of a	33570
facility under division (A)(6) of this section, the director may	33571
issue an order designating another solid waste facility to accept	33572
the wastes that would have been disposed of at the facility to be	33573
closed.	33574

(7) If the director determines that standards more stringent	33575
than those applicable in rules adopted under division (A) of	33576
section 3734.02 of the Revised Code and division (D) of section	33577
3734.12 of the Revised Code, or standards pertaining to subjects	33578
not specifically addressed by those rules, are necessary to ensure	33579
that a solid waste facility constructed at the proposed location	33580
will not cause a nuisance, cause or contribute to water pollution,	33581
or endanger public health or safety, the director may issue a	33582
permit for the facility with such terms and conditions as the	33583
director finds necessary to protect public health and safety and	33584
the environment. If a permit is issued, the director shall state	33585
in the order issuing it the specific findings supporting each such	33586
term or condition.	33587

(8) Divisions (A)(1), (2)(a), (3), and (4) of this section do	33588
not apply to a solid waste compost facility that accepts	33589
exclusively source separated yard wastes and that is registered	33590
under division (C) of section 3734.02 of the Revised Code or,	33591
unless otherwise provided in rules adopted under division (N)(3)	33592
of section 3734.02 of the Revised Code, to a solid waste compost	33593
facility if the director has adopted rules establishing an	33594
alternative system for authorizing the establishment, operation,	33595
or modification of a solid waste compost facility under that	33596
division.	33597

(9) Divisions (A)(1) to (7) of this section do not apply to	33598
scrap tire collection, storage, monocell, monofill, and recovery	33599
facilities. The approval of plans and specifications, as	33600
applicable, and the issuance of registration certificates,	33601
permits, and licenses for those facilities are subject to sections	33602
3734.75 to 3734.78 of the Revised Code, as applicable, and section	33603
3734.81 of the Revised Code.	33604

(10) Divisions (A)(3) and (4) of this section do not apply to	33605
a solid waste incinerator that was placed into operation on or	33606
before October 12, 1994, and that is not authorized to accept and	33607
treat infectious wastes pursuant to division (B) of this section.	33608

(B)(1) Each person who is engaged in the business of treating	33609
infectious wastes for profit at a treatment facility located off	33610
the premises where the wastes are generated that is in operation	33611
on August 10, 1988, and who proposes to continue operating the	33612
facility shall submit to the board of health of the health	33613
district in which the facility is located an application for a	33614
license to operate the facility.	33615

Thereafter, no person shall operate or maintain an infectious	33616
waste treatment facility without a license issued by the board of	33617
health of the health district in which the facility is located or	33618
by the director when the health district in which the facility is	33619
located is not on the approved list under section 3734.08 of the	33620
Revised Code.	33621

(2)(a) During the month of December, but before the first day	33622
of January of the next year, every person proposing to continue to	33623
operate an existing infectious waste treatment facility shall	33624
procure a license to operate the facility for that year from the	33625
board of health of the health district in which the facility is	33626
located or, if the health district is not on the approved list	33627
under section 3734.08 of the Revised Code, from the director. The	33628
application for such a license shall be submitted to the board of	33629
health or to the director, as appropriate, on or before the last	33630
day of September of the year preceding that for which the license	33631
is sought. In addition to the application fee prescribed in	33632
division (B)(2)(c) of this section, a person who submits an	33633
application after that date shall pay an additional ten per cent	33634
of the amount of the application fee for each week that the	33635
application is late. Late payment fees accompanying an application	33636
submitted to the board of health shall be credited to the special	33637
infectious waste fund of the health district created in division	33638
(C) of section 3734.06 of the Revised Code, and late payment fees	33639
accompanying an application submitted to the director shall be	33640
credited to the general revenue fund. A person who has received a	33641
license, upon sale or disposition of an infectious waste treatment	33642
facility and upon consent of the board of health and the director,	33643
may have the license transferred to another person. The board of	33644
health or the director may include such terms and conditions in a	33645
license or revision to a license as are appropriate to ensure	33646
compliance with the infectious waste provisions of this chapter	33647
and rules adopted under them.	33648

(b) Each person proposing to open a new infectious waste	33649
treatment facility or to modify an existing infectious waste	33650
treatment facility shall submit an application for a permit with	33651
accompanying detail plans and specifications to the environmental	33652
protection agency for required approval under the rules adopted by	33653
the director pursuant to section 3734.021 of the Revised Code two	33654
hundred seventy days before proposed operation of the facility and	33655
concurrently shall make application for a license with the board	33656
of health of the health district in which the facility is or is	33657
proposed to be located. Not later than ninety days after receiving	33658
a completed application under division (B)(2)(b) of this section	33659
for a permit to open a new infectious waste treatment facility or	33660
modify an existing infectious waste treatment facility to expand	33661
its treatment capacity, or receiving a completed application under	33662
division (A)(2)(a) of this section for a permit to open a new	33663
solid waste incineration facility, or modify an existing solid	33664
waste incineration facility to also treat infectious wastes or to	33665
increase its infectious waste treatment capacity, that pertains to	33666
a facility for which a notation authorizing infectious waste	33667
treatment is included or proposed to be included in the solid	33668
waste incineration facility's license pursuant to division (B)(3)	33669
of this section, the director shall hold a public hearing on the	33670
application within the county in which the new or modified	33671
infectious waste or solid waste facility is or is proposed to be	33672
located or within a contiguous county. Not less than thirty days	33673
before holding the public hearing on the application, the director	33674
shall publish notice of the hearing in each newspaper that has	33675
general circulation and that is published in the county in which	33676
the facility is or is proposed to be located. If there is no	33677
newspaper that has general circulation and that is published in	33678
the county, the director shall publish the notice in a newspaper	33679
of general circulation in the county. The notice shall contain the	33680
date, time, and location of the public hearing and a general	33681
description of the proposed new or modified facility. At the	33682
public hearing, any person may submit written or oral comments on	33683
or objections to the approval or disapproval of the application.	33684
The applicant, or a representative of the applicant who has	33685
knowledge of the location, construction, and operation of the	33686
facility, shall attend the public hearing to respond to comments	33687
or questions concerning the facility directed to the applicant or	33688
representative by the officer or employee of the environmental	33689
protection agency presiding at the hearing.	33690

(c) Each application for a permit under division (B)(2)(b) of	33691
this section shall be accompanied by a nonrefundable application	33692
fee of four hundred dollars that shall be credited to the general	33693
revenue fund. Each application for an annual license under	33694
division (B)(2)(a) of this section shall be accompanied by a	33695
nonrefundable application fee of one hundred dollars. If the	33696
application for an annual license is submitted to a board of	33697
health on the approved list under section 3734.08 of the Revised	33698
Code, the application fee shall be credited to the special	33699
infectious waste fund of the health district created in division	33700
(C) of section 3734.06 of the Revised Code. If the application for	33701
an annual license is submitted to the director, the application	33702
fee shall be credited to the general revenue fund. If a permit or	33703
license is issued, the amount of the application fee paid shall be	33704
deducted from the amount of the permit fee due under division (Q)	33705
of section 3745.11 of the Revised Code or the amount of the	33706
license fee due under division (C) of section 3734.06 of the	33707
Revised Code.	33708

(d) The owner or operator of any infectious waste treatment	33709
facility that commenced operation on or before July 1, 1968, shall	33710
submit to the director an application for a permit with	33711
accompanying engineering detail plans, specifications, and	33712
information regarding the facility and its method of operation for	33713
approval under rules adopted under section 3734.021 of the Revised	33714
Code in accordance with the following schedule:	33715

(i) Not later than December 24, 1988, if the facility is	33716
located in Delaware, Greene, Guernsey, Hamilton, Madison,	33717
Mahoning, Ottawa, or Vinton county;	33718

(ii) Not later than March 24, 1989, if the facility is	33719
located in Champaign, Clinton, Columbiana, Huron, Paulding, Stark,	33720
or Washington county, or is located in the city of Brooklyn,	33721
Cuyahoga Heights, or Parma in Cuyahoga county;	33722

(iii) Not later than June 24, 1989, if the facility is	33723
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain,	33724
Lucas, or Summit county or is located in Cuyahoga county outside	33725
the cities of Brooklyn, Cuyahoga Heights, and Parma;	33726

(iv) Not later than September 24, 1989, if the facility is	33727
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	33728
county;	33729

(v) Not later than December 24, 1989, if the facility is	33730
located in a county not listed in divisions (B)(2)(d)(i) to (iv)	33731
of this section.	33732

The owner or operator of an infectious waste treatment	33733
facility required to submit a permit application under division	33734
(B)(2)(d) of this section is not required to pay any permit	33735
application fee under division (B)(2)(c) of this section, or	33736
permit fee under division (Q) of section 3745.11 of the Revised	33737
Code, with respect thereto unless the owner or operator also	33738
proposes to modify the facility.	33739

(e) The director may issue an order in accordance with	33740
Chapter 3745. of the Revised Code to the owner or operator of an	33741
infectious waste treatment facility requiring the person to submit	33742
to the director updated engineering detail plans, specifications,	33743
and information regarding the facility and its method of operation	33744
for approval under rules adopted under section 3734.021 of the	33745
Revised Code if, in the director's judgment, conditions at the	33746
facility constitute a substantial threat to public health or	33747
safety or are causing or contributing to or threatening to cause	33748
or contribute to air or water pollution or soil contamination. Any	33749
person who receives such an order shall submit the updated	33750
engineering detail plans, specifications, and information to the	33751
director within one hundred eighty days after the effective date	33752
of the order.	33753

(f) The director shall act upon an application submitted	33754
under division (B)(2)(d) of this section and any updated	33755
engineering plans, specifications, and information submitted under	33756
division (B)(2)(e) of this section within one hundred eighty days	33757
after receiving them. If the director denies any such permit	33758
application or disapproves any such updated engineering plans,	33759
specifications, and information, the director shall include in the	33760
order denying the application or disapproving the plans the	33761
requirement that the owner or operator cease accepting infectious	33762
wastes for treatment at the facility.	33763

(3) Division (B) of this section does not apply to an	33764
infectious waste treatment facility that meets any of the	33765
following conditions:	33766

(a) Is owned or operated by the generator of the wastes and	33767
exclusively treats, by methods, techniques, and practices	33768
established by rules adopted under division (C)(1) or (3) of	33769
section 3734.021 of the Revised Code, wastes that are generated at	33770
any premises owned or operated by that generator regardless of	33771
whether the wastes are generated on the same premises where the	33772
generator's treatment facility is located or, if the generator is	33773
a hospital as defined in section 3727.01 of the Revised Code,	33774
infectious wastes that are described in division (A)(1)(g), (h),	33775
or (i) of section 3734.021 of the Revised Code;	33776

(b) Holds a license or renewal of a license to operate a	33777
crematory facility issued under Chapter 4717. and a permit issued	33778
under Chapter 3704. of the Revised Code;	33779

(c) Treats or disposes of dead animals or parts thereof, or	33780
the blood of animals, and is subject to any of the following:	33781

(i) Inspection under the "Federal Meat Inspection Act," 81	33782
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	33783

(ii) Chapter 918. of the Revised Code;

33784

(iii) Chapter 953. of the Revised Code.

33785

Nothing in division (B) of this section requires a facility	33786
that holds a license issued under division (A) of this section as	33787
a solid waste facility and that also treats infectious wastes by	33788
the same method, technique, or process to obtain a license under	33789
division (B) of this section as an infectious waste treatment	33790
facility. However, the solid waste facility license for the	33791
facility shall include the notation that the facility also treats	33792
infectious wastes.	33793

On and after the effective date of the amendments to the	33794
rules adopted under division (C)(2) of section 3734.021 of the	33795
Revised Code that are required by Section 6 of Substitute House	33796
Bill No. 98 of the 120th General Assembly, the director shall not	33797
issue a permit to open a new solid waste incineration facility	33798
unless the proposed facility complies with the requirements for	33799
the location of new infectious waste incineration facilities	33800
established in the required amendments to those rules.	33801

(C) Except for a facility or activity described in division	33802
(E)(3) of section 3734.02 of the Revised Code, a person who	33803
proposes to establish or operate a hazardous waste facility shall	33804
submit ana complete application for a hazardous waste facility	33805
installation and operation permit and accompanying detail plans,	33806
specifications, and such information as the director may require	33807
to the environmental protection agency, except as provided in	33808
division (E)(2) of this section, at least one hundred eighty days	33809
before the proposed beginning of operation of the facility. The	33810
applicant shall notify by certified mail the legislative authority	33811
of each municipal corporation, township, and county in which the	33812
facility is proposed to be located of the submission of the	33813
application within ten days after the submission or at such	33814
earlier time as the director may establish by rule. If the	33815
application is for a proposed new hazardous waste disposal or	33816
thermal treatment facility, the applicant also shall give actual	33817
notice of the general design and purpose of the facility to the	33818
legislative authority of each municipal corporation, township, and	33819
county in which the facility is proposed to be located at least	33820
ninety days before the permit application is submitted to the	33821
environmental protection agency.	33822

In accordance with rules adopted under section 3734.12 of the	33823
Revised Code, prior to the submission of a complete application	33824
for a hazardous waste facility installation and operation permit,	33825
the applicant shall hold at least one meeting in the township or	33826
municipal corporation in which the facility is proposed to be	33827
located, whichever is geographically closer to the proposed	33828
location of the facility. The meeting shall be open to the public	33829
and shall be held to inform the community of the proposed	33830
hazardous waste management activities and to solicit questions	33831
from the community concerning the activities.	33832

(D)(1) There is hereby created the hazardous waste facility	33833
board, composed of the director of environmental protection who	33834
shall serve as chairperson, the director of natural resources, and	33835
the chairperson of the Ohio water development authority, or their	33836
respective designees, and one chemical engineer and one geologist	33837
who each shall be employed by a state university as defined in	33838
section 3345.011 of the Revised Code. The chemical engineer and	33839
geologist each shall be appointed by the governor, with the advice	33840
and consent of the senate, for a term of two years. The chemical	33841
engineer and geologist each shall receive as compensation five	33842
thousand dollars per year, plus expenses necessarily incurred in	33843
the performance of their duties.	33844

The board shall not issue any final order without the consent	33845
of at least three members.	33846

(2) The hazardous waste facility board shall do both of the	33847
following:	33848

(a) Pursuant to Chapter 119. of the Revised Code, adopt rules	33849
governing procedure to be followed in hearings before the board;	33850

(b) Except as provided in section 3734.123 of the Revised	33851
Code, approve or disapprove applications for a hazardous waste	33852
facility installation and operation permit for new facilities and	33853
applications for modifications to existing permits for which the	33854
board has jurisdiction as provided in division (I)(3) of this	33855
section.	33856

(3) Except as provided in section 3734.123 of the Revised	33857
Code, upon receipt of the completed application for a hazardous	33858
waste facility installation and operation permit and a preliminary	33859
determination by the staff of the environmental protection agency	33860
that the application appears to comply with agency rules and to	33861
meet the performance standards set forth in divisions (D), (I),	33862
and (J) of section 3734.12 of the Revised Code, the director shall	33863
transmit the application to the board, which shall do all of the	33864
following:	33865

(a) Promptly fix a date for a public hearing on the	33866
application, not fewer than sixty nor more than ninety days after	33867
receipt of the completed application. At the public hearing, any	33868
person may submit written or oral comments or objections to the	33869
approval or disapproval of the application. A representative of	33870
the applicant who has knowledge of the location, construction,	33871
operation, closure, and post-closure care, if applicable, of the	33872
facility shall attend the public hearing in order to respond to	33873
comments or questions concerning the facility directed to the	33874
representative by the presiding officer.	33875

(b) Give public notice of the date of the public hearing and	33876
a summary of the application in a newspaper having general	33877
circulation in the county in which the facility is proposed to be	33878
located. The notice shall contain, at a minimum, the date, time,	33879
and location of the public hearing and shall include the location	33880
and street address of, or the nearest intersection to, the	33881
proposed facility, a description of the proposed facility, and the	33882
location where copies of the application, a short statement by the	33883
applicant of the anticipated environmental impact of the facility,	33884
and a map of the facility are available for inspection.	33885

(c) Promptly fix a date for an adjudication hearing, not	33886
fewer than ninety nor more than one hundred twenty days after	33887
receipt of the completed application, at which hearing the board	33888
shall hear and decide all disputed issues between the parties	33889
respecting the approval or disapproval of the application.	33890

(4) The parties to any adjudication hearing before the board	33891
upon a completed application shall be the following:	33892

(a) The applicant;

33893

(b) The staff of the environmental protection agency;

33894

(c) The board of county commissioners of the county, the	33895
board of township trustees of the township, and the chief	33896
executive officer of the municipal corporation in which the	33897
facility is proposed to be located;	33898

(d) Any other person who would be aggrieved or adversely	33899
affected by the proposed facility and who files a petition to	33900
intervene in the adjudication hearing not later than thirty days	33901
after the date of publication of the notice required in division	33902
(D)(3)(b) of this section if the petition is granted by the board	33903
for good cause shown. The board may allow intervention by other	33904
aggrieved or adversely affected persons up to fifteen days prior	33905
to the date of the adjudication hearing for good cause shown when	33906
the intervention would not be unduly burdensome to or cause a	33907
delay in the permitting process.	33908

(5) The hazardous waste facility board shall conduct any	33909
adjudication hearing upon disputed issues in accordance with	33910
Chapter 119. of the Revised Code and the rules of the board	33911
governing the procedure of such hearings. Each party may call and	33912
examine witnesses and submit other evidence respecting the	33913
disputed issues presented by an application. A written record	33914
shall be made of the hearing and of all testimony and evidence	33915
submitted to the boardupon receipt of a complete application for	33916
a hazardous waste facility installation and operation permit under	33917
division (C) of this section, the director shall consider the	33918
application and accompanying information to determine whether the	33919
application complies with agency rules and the requirements of	33920
division (D)(2) of this section. After making a determination, the	33921
director shall issue either a draft permit or a notice of intent	33922
to deny the permit. The director, in accordance with rules adopted	33923
under section 3734.12 of the Revised Code or with rules adopted to	33924
implement Chapter 3745. of the Revised Code, shall provide public	33925
notice of the application and the draft permit or the notice of	33926
intent to deny the permit, provide an opportunity for public	33927
comments, and, if significant interest is shown, schedule a public	33928
meeting in the county in which the facility is proposed to be	33929
located and give public notice of the date, time, and location of	33930
the public meeting in a newspaper of general circulation in that	33931
county.	33932

(6)(2) The boarddirector shall not approve an application	33933
for a hazardous waste facility installation and operation permit	33934
or an application for a modification under division (I)(3) of this	33935
section unless itthe director finds and determines as follows:	33936

(a) The nature and volume of the waste to be treated, stored,	33937
or disposed of at the facility;	33938

(b) That the facility complies with the director's hazardous	33939
waste standards adopted pursuant to section 3734.12 of the Revised	33940
Code;	33941

(c) That the facility represents the minimum adverse	33942
environmental impact, considering the state of available	33943
technology and the nature and economics of various alternatives,	33944
and other pertinent considerations;	33945

(d) That the facility represents the minimum risk of all of	33946
the following:	33947

(i) Contamination of ground and surface waters;

33948

(ii) Fires or explosions from treatment, storage, or disposal	33949
methods;	33950

(iii) Accident(ii) Release of hazardous waste during	33951
transportation of hazardous waste to or from the facility;	33952

(iv) Impact(iii) Adverse impact on the public health and	33953
safety;	33954

(v) Air pollution;

33955

(vi) Soil contamination.

33956

(e) That the facility will comply with this chapter and	33957
Chapters 3704., 3734., and 6111. of the Revised Code and all rules	33958
and standards adopted under those chaptersthem;	33959

(f) That if the owner of the facility, the operator of the	33960
facility, or any other person in a position with the facility from	33961
which the person may influence the installation and operation of	33962
the facility has been involved in any prior activity involving	33963
transportation, treatment, storage, or disposal of hazardous	33964
waste, that person has a history of compliance with this chapter	33965
and Chapters 3704., 3734., and 6111. of the Revised Code and all	33966
rules and standards adopted under those chaptersthem, the	33967
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806,	33968
42 U.S.C.A. 6921, as amended, and all regulations adopted under	33969
it, and similar laws and rules of other states if any such prior	33970
operation was located in another state that demonstrates	33971
sufficient reliability, expertise, and competency to operate a	33972
hazardous waste facility under the applicable provisions of this	33973
chapter and Chapters 3704., 3734., and 6111. of the Revised Code,	33974
the applicable rules and standards adopted under those chapters	33975
them, and terms and conditions of a hazardous waste facility	33976
installation and operation permit, given the potential for harm to	33977
the public health and safety and the environment that could result	33978
from the irresponsible operation of the facility;. For off-site	33979
facilities, as defined in section 3734.41 of the Revised Code, the	33980
director may use the investigative reports of the attorney general	33981
prepared pursuant to section 3734.42 of the Revised Code as a	33982
basis for making a finding and determination under division	33983
(D)(2)(f) of this section.	33984

(g) That the active areas within a new hazardous waste	33985
facility where acute hazardous waste as listed in 40 C.F.R. 261.33	33986
(e), as amended, or organic waste that is toxic and is listed	33987
under 40 C.F.R. 261, as amended, is being stored, treated, or	33988
disposed of and where the aggregate of the storage design capacity	33989
and the disposal design capacity of all hazardous waste in those	33990
areas is greater than two hundred fifty thousand gallons, are not	33991
located or operated within any of the following:	33992

(i) Two thousand feet of any residence, school, hospital,	33993
jail, or prison;	33994

(ii) Any naturally occurring wetland;

33995

(iii) Any flood hazard area if the applicant cannot show that	33996
the facility will be designed, constructed, operated, and	33997
maintained to prevent washout by a one-hundred-year flood or that	33998
procedures will be in effect to remove the waste before flood	33999
waters can reach it.	34000

Division (D)(6)(2)(g) of this section does not apply to the	34001
facility of any applicant who demonstrates to the boarddirector	34002
that the limitations specified in that division are not necessary	34003
because of the nature or volume of the waste and the manner of	34004
management applied, the facility will impose no substantial danger	34005
to the health and safety of persons occupying the structures	34006
listed in division (D)(6)(2)(g)(i) of this section, and the	34007
facility is to be located or operated in an area where the	34008
proposed hazardous waste activities will not be incompatible with	34009
existing land uses in the area.	34010

(h) That the facility will not be located within the	34011
boundaries of a state park established or dedicated under Chapter	34012
1541. of the Revised Code, a state park purchase area established	34013
under section 1541.02 of the Revised Code, any unit of the	34014
national park system, or any property that lies within the	34015
boundaries of a national park or recreation area, but that has not	34016
been acquired or is not administered by the secretary of the	34017
United States department of the interior, located in this state,	34018
or any candidate area located in this state identified for	34019
potential inclusion in the national park system in the edition of	34020
the "national park system plan" submitted under paragraph (b) of	34021
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	34022
U.S.C.A. 1a-5, as amended, current at the time of filing of the	34023
application for the permit, unless the facility will be used	34024
exclusively for the storage of hazardous waste generated within	34025
the park or recreation area in conjunction with the operation of	34026
the park or recreation area. Division (D)(6)(2)(h) of this section	34027
does not apply to the facility of any applicant for modification	34028
of a permit unless the modification application proposes to	34029
increase the land area included in the facility or to increase the	34030
quantity of hazardous waste that will be treated, stored, or	34031
disposed of at the facility.	34032

In rendering a decision upon an application for a hazardous	34033
waste facility installation and operation permit, the board shall	34034
issue a written order and opinion, which shall include the	34035
specific findings of fact and conclusions of law that support the	34036
board's approval or disapproval of the application.	34037

(3) Not later than one hundred eighty days after the end of	34038
the public comment period, the director, without prior hearing,	34039
shall issue or deny the permit in accordance with Chapter 3745. of	34040
the Revised Code. If the boarddirector approves an application	34041
for a hazardous waste facility installation and operation permit,	34042
as a part of its written order, itthe director shall issue the	34043
permit, upon such terms and conditions as the boarddirector finds	34044
are necessary to ensure the construction and operation of the	34045
hazardous waste facility in accordance with the standards of this	34046
section.	34047

(7) Any party adversely affected by an order of the hazardous	34048
waste facility board may appeal the order and decision of the	34049
board to the court of appeals of Franklin county. An appellant	34050
shall file with the board a notice of appeal, which shall	34051
designate the order appealed from. A copy of the notice also shall	34052
be filed by the appellant with the court, and a copy shall be sent	34053
by certified mail to each party to the adjudication hearing before	34054
the board. Such notices shall be filed and mailed within thirty	34055
days after the date upon which the appellant received notice from	34056
the board by certified mail of the making of the order appealed	34057
from. No appeal bond shall be required to make an appeal	34058
effective.	34059

The filing of a notice of appeal shall not operate	34060
automatically as a suspension of the order of the board. If it	34061
appears to the court that an unjust hardship to the appellant will	34062
result from the execution of the board's order pending	34063
determination of the appeal, the court may grant a suspension of	34064
the order and fix its terms.	34065

Within twenty days after receipt of the notice of appeal, the	34066
board shall prepare and file in the court the complete record of	34067
proceedings out of which the appeal arises, including any	34068
transcript of the testimony and any other evidence that has been	34069
submitted before the board. The expense of preparing and	34070
transcribing the record shall be taxed as a part of the costs of	34071
the appeal. The appellant, other than the state or a political	34072
subdivision, an agency of either, or any officer of the appellant	34073
acting in the officer's representative capacity, shall provide	34074
security for costs satisfactory to the court considering the	34075
respective interests of the parties and the public interest. Upon	34076
demand by a party, the board shall furnish, at the cost of the	34077
party requesting it, a copy of the record. If the complete record	34078
is not filed within the time provided for in this section, any	34079
party may apply to the court to have the case docketed, and the	34080
court shall order the record filed.	34081

In hearing the appeal, the court is confined to the record as	34082
certified to it by the board. The court may grant a request for	34083
the admission of additional evidence when satisfied that the	34084
additional evidence is newly discovered and could not with	34085
reasonable diligence have been ascertained prior to the hearing	34086
before the board.	34087

The court shall affirm the order complained of in the appeal	34088
if it finds, upon consideration of the entire record and such	34089
additional evidence as the court has admitted, that the order is	34090
supported by reliable, probative, and substantial evidence and is	34091
in accordance with law. In the absence of such findings, it shall	34092
reverse, vacate, or modify the order or make such other ruling as	34093
is supported by reliable, probative, and substantial evidence and	34094
is in accordance with law. The judgment of the court shall be	34095
final and conclusive unless reversed, vacated, or modified on	34096
appeal. Such appeals may be taken by any party to the appeal	34097
pursuant to the Rules of Practice of the Supreme Court and, to the	34098
extent not in conflict with those rules, Chapter 2505. of the	34099
Revised Code.	34100

(E)(1) Upon receipt of a completed application, the board	34101
shall issue a hazardous waste facility installation and operation	34102
permit for a hazardous waste facility subject to the requirements	34103
of divisions (D)(6) and (7) of this section and all applicable	34104
federal regulations if the facility for which the permit is	34105
requested satisfies all of the following:	34106

(a) Was in operation immediately prior to October 9, 1980;

34107

(b) Was in substantial compliance with applicable statutes	34108
and rules in effect immediately prior to October 9, 1980, as	34109
determined by the director;	34110

(c) Demonstrates to the board that its operations after	34111
October 9, 1980, comply with applicable performance standards	34112
adopted by the director pursuant to division (D) of section	34113
3734.12 of the Revised Code;	34114

(d) Submits a completed application for a permit under	34115
division (C) of this section within six months after October 9,	34116
1980.	34117

The board shall act on the application within twelve months	34118
after October 9, 1980.	34119

(2) A hazardous waste facility that was in operation	34120
immediately prior to October 9, 1980, may continue to operate	34121
after that date if it does all of the following:	34122

(a) Complies with performance standards adopted by the	34123
director pursuant to division (D) of section 3734.12 of the	34124
Revised Code;	34125

(b) Submits a completed application for a hazardous waste	34126
installation and operation permit under division (C) of this	34127
section within six months after October 9, 1980;	34128

(c) Obtains the permit under division (D) of this section	34129
within twelve months after October 9, 1980.	34130

(3) No political subdivision of this state shall require any	34131
additional zoning or other approval, consent, permit, certificate,	34132
or condition for the construction or operation of a hazardous	34133
waste facility authorized by a hazardous waste facility	34134
installation and operation permit issued pursuant to this chapter,	34135
nor shall any political subdivision adopt or enforce any law,	34136
ordinance, or rule that in any way alters, impairs, or limits the	34137
authority granted in the permit.	34138

(4) After the issuance of a hazardous waste facility	34139
installation and operation permit by the board, each hazardous	34140
waste facility shall be subject to the rules and supervision of	34141
the director during the period of its operation, closure, and	34142
post-closure care, if applicable.	34143

(F) Upon approval of the board in accordance with divisions	34144
(D) and (E) of this section, the boardThe director may issue a	34145
single hazardous waste facility installation and operation permit	34146
to a person who operates two or more adjoining facilities where	34147
hazardous waste is stored, treated, or disposed of if the	34148
application includes detail plans, specifications, and information	34149
on all facilities. For the purposes of this section, "adjoining"	34150
means sharing a common boundary, separated only by a public road,	34151
or in such proximity that the director determines that the	34152
issuance of a single permit will not create a hazard to the public	34153
health or safety or the environment.	34154

(G) No person shall falsify or fail to keep or submit any	34155
plans, specifications, data, reports, records, manifests, or other	34156
information required to be kept or submitted to the director or to	34157
the hazardous waste facility board by this chapter or the rules	34158
adopted under it.	34159

(H)(1) Each person who holds an installation and operation	34160
permit issued under this section and who wishes to obtain a permit	34161
renewal shall submit a completed application for an installation	34162
and operation permit renewal and any necessary accompanying	34163
general plans, detail plans, specifications, and such information	34164
as the director may require to the director no later than one	34165
hundred eighty days prior to the expiration date of the existing	34166
permit or upon a later date prior to the expiration of the	34167
existing permit if the permittee can demonstrate good cause for	34168
the late submittal. The director shall consider the application	34169
and accompanying information, inspection reports of the facility,	34170
results of performance tests, a report regarding the facility's	34171
compliance or noncompliance with the terms and conditions of its	34172
permit and rules adopted by the director under this chapter, and	34173
such other information as is relevant to the operation of the	34174
facility and shall issue a draft renewal permit or a notice of	34175
intent to deny the renewal permit. The director, in accordance	34176
with rules adopted under this section or with rules adopted to	34177
implement Chapter 3745. of the Revised Code, shall give public	34178
notice of the application and draft renewal permit or notice of	34179
intent to deny the renewal permit, provide for the opportunity for	34180
public comments within a specified time period, schedule a public	34181
meeting in the county in which the facility is located if	34182
significant interest is shown, and give public notice of the	34183
public meeting.	34184

(2) Within sixty days after the public meeting or close of	34185
the public comment period, the director, without prior hearing,	34186
shall issue or deny the renewal permit in accordance with Chapter	34187
3745. of the Revised Code. The director shall not issue a renewal	34188
permit unless the director determines that the facility under the	34189
existing permit has a history of compliance with this chapter,	34190
rules adopted under it, the existing permit, or orders entered to	34191
enforce such requirements that demonstrates sufficient	34192
reliability, expertise, and competency to operate the facility	34193
henceforth under this chapter, rules adopted under it, and the	34194
renewal permit. If the director approves an application for a	34195
renewal permit, the director shall issue the permit subject to the	34196
payment of the annual permit fee required under division (E) of	34197
section 3734.02 of the Revised Code and upon such terms and	34198
conditions as the director finds are reasonable to ensure that	34199
continued operation, maintenance, closure, and post-closure care	34200
of the hazardous waste facility are in accordance with the rules	34201
adopted under section 3734.12 of the Revised Code.	34202

(3) An installation and operation permit renewal application	34203
submitted to the director that also contains or would constitute	34204
an application for a modification shall be acted upon by the	34205
director in accordance with division (I) of this section in the	34206
same manner as an application for a modification. In approving or	34207
disapproving the renewal portion of a permit renewal application	34208
containing an application for a modification, the director shall	34209
apply the criteria established under division (H)(2) of this	34210
section.	34211

(4) An application for renewal or modification of a permit	34212
that does not contain an application for a modification as	34213
described in divisions (I)(3)(a) to (d) of this section shall not	34214
be subject to division (D)(2) of this section.	34215

(I)(1) As used in this section, "modification" means a change	34216
or alteration to a hazardous waste facility or its operations that	34217
is inconsistent with or not authorized by its existing permit or	34218
authorization to operate. Modifications shall be classified as	34219
Class 1, 2, or 3 modifications in accordance with rules adopted	34220
under division (K) of this section. Modifications classified as	34221
Class 3 modifications, in accordance with rules adopted under that	34222
division, shall be further classified by the director as either	34223
Class 3 modifications that are to be approved or disapproved by	34224
the hazardous waste facility board as described indirector under	34225
divisions (I)(3)(a) to (d) of this section or as Class 3	34226
modifications that are to be approved or disapproved by the	34227
director under division (I)(5) of this section. Not later than	34228
thirty days after receiving a request for a modification under	34229
division (I)(4) of this section that is not listed in Appendix I	34230
to 40 C.F.R. 270.42 or in rules adopted under division (K) of this	34231
section, the director shall classify the modification and shall	34232
notify the owner or operator of the facility requesting the	34233
modification of the classification. Notwithstanding any other law	34234
to the contrary, any modification that involves the transfer of a	34235
hazardous waste facility installation and operation permit to a	34236
new owner or operator shall be classified as a Class 3	34237
modification.	34238

(2) Except as provided in section 3734.123 of the Revised	34239
Code, a hazardous waste facility installation and operation permit	34240
may be modified at the request of the director or upon the written	34241
request of the permittee only if any of the following applies:	34242

(a) The permittee desires to accomplish alterations,	34243
additions, or deletions to the permitted facility or to undertake	34244
alterations, additions, deletions, or activities that are	34245
inconsistent with or not authorized by the existing permit;	34246

(b) New information or data justify permit conditions in	34247
addition to or different from those in the existing permit;	34248

(c) The standards, criteria, or rules upon which the existing	34249
permit is based have been changed by new, amended, or rescinded	34250
standards, criteria, or rules, or by judicial decision after the	34251
existing permit was issued, and the change justifies permit	34252
conditions in addition to or different from those in the existing	34253
permit;	34254

(d) The permittee proposes to transfer the permit to another	34255
person.	34256

(3) The director has jurisdiction toshall approve or	34257
disapprove applicationsan application for Class 1 modifications,	34258
Class 2 modifications, and Class 3 modifications not otherwise	34259
described in divisions (I)(3)(a) to (d) of this section. The	34260
hazardous waste facility board has jurisdiction to approve or	34261
disapprove applications for anya modification in accordance with	34262
division (D)(2) of this section and rules adopted under division	34263
(K) of this section for all of the following categories of Class 3	34264
modifications:	34265

(a) Authority to conduct treatment, storage, or disposal at a	34266
site, location, or tract of land that has not been authorized for	34267
the proposed category of treatment, storage, or disposal activity	34268
by the facility's permit;	34269

(b) Modification or addition of a hazardous waste management	34270
unit, as defined in rules adopted under section 3734.12 of the	34271
Revised Code, that results in an increase in a facility's storage	34272
capacity of more than twenty-five per cent over the capacity	34273
authorized by the facility's permit, an increase in a facility's	34274
treatment rate of more than twenty-five per cent over the rate so	34275
authorized, or an increase in a facility's disposal capacity over	34276
the capacity so authorized. The authorized disposal capacity for a	34277
facility shall be calculated from the approved design plans for	34278
the disposal units at that facility. In no case during a five-year	34279
period shall a facility's storage capacity or treatment rate be	34280
modified to increase by more than twenty-five per cent in the	34281
aggregate without boardthe director's approval in accordance with	34282
division (D)(2) of this section. Notwithstanding any provision of	34283
division (I) of this section to the contrary, a request for	34284
modification of a facility's annual total waste receipt limit	34285
shall be classified and approved or disapproved by the director	34286
under division (I)(5) of this section.	34287

(c) Authority to add any of the following categories of	34288
regulated activities not previously authorized at a facility by	34289
the facility's permit: storage at a facility not previously	34290
authorized to store hazardous waste, treatment at a facility not	34291
previously authorized to treat hazardous waste, or disposal at a	34292
facility not previously authorized to dispose of hazardous waste;	34293
or authority to add a category of hazardous waste management unit	34294
not previously authorized at the facility by the facility's	34295
permit. Notwithstanding any provision of division (I) of this	34296
section to the contrary, a request for authority to add or to	34297
modify an activity or a hazardous waste management unit for the	34298
purposes of performing a corrective action shall be classified and	34299
approved or disapproved by the director under division (I)(5) of	34300
this section.	34301

(d) Authority to treat, store, or dispose of waste types	34302
listed or characterized as reactive or explosive, in rules adopted	34303
under section 3734.12 of the Revised Code, or any acute hazardous	34304
waste listed in 40 C.F.R. 261.33(e), as amended, at a facility not	34305
previously authorized to treat, store, or dispose of those types	34306
of wastes by the facility's permit unless the requested authority	34307
is limited to wastes that no longer exhibit characteristics	34308
meeting the criteria for listing or characterization as reactive	34309
or explosive wastes, or for listing as acute hazardous waste, but	34310
still are required to carry those waste codes as established in	34311
rules adopted under section 3734.12 of the Revised Code because of	34312
the requirements established in 40 C.F.R. 261(a) and (e), as	34313
amended, that is, the "mixture,""derived-from," or "contained-in"	34314
regulations.	34315

(4) A written request for a modification from the permittee	34316
shall be submitted to the director and shall contain such	34317
information as is necessary to support the request. The director	34318
shall transmit to the board requests for Class 3 modifications	34319
described in divisions (I)(3)(a) to (d) of this section within two	34320
hundred forty days after receiving the requests. Requests for	34321
modifications shall be acted upon by the director or the board, as	34322
appropriate, in accordance with this section and rules adopted	34323
under it.	34324

(5) Class 1 modification applications that require prior	34325
approval of the director, as determined in accordance with rules	34326
adopted under division (K) of this section, Class 2 modification	34327
applications, and Class 3 modification applications that are not	34328
described in divisions (I)(3)(a) to (d) of this section shall be	34329
approved or disapproved by the director in accordance with rules	34330
adopted under division (K) of this section. The board of county	34331
commissioners of the county, the board of township trustees of the	34332
township, and the city manager or mayor of the municipal	34333
corporation in which a hazardous waste facility is located shall	34334
receive notification of any application for a modification for	34335
that facility and shall be considered as interested persons with	34336
respect to the director's consideration of the application.	34337

For those modification applications for a transfer of a	34338
permit to a new owner or operator of a facility, the director also	34339
shall determine that, if the transferee owner or operator has been	34340
involved in any prior activity involving the transportation,	34341
treatment, storage, or disposal of hazardous waste, the transferee	34342
owner or operator has a history of compliance with this chapter	34343
and Chapters 3704. and 6111. of the Revised Code and all rules and	34344
standards adopted under them, the "Resource Conservation and	34345
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	34346
amended, and all regulations adopted under it, and similar laws	34347
and rules of another state if the transferee owner or operator	34348
owns or operates a facility in that state, that demonstrates	34349
sufficient reliability, expertise, and competency to operate a	34350
hazardous waste facility under this chapter and Chapters 3704. and	34351
6111. of the Revised Code, all rules and standards adopted under	34352
them, and terms and conditions of a hazardous waste facility	34353
installation and operation permit, given the potential for harm to	34354
the public health and safety and the environment that could result	34355
from the irresponsible operation of the facility. A permit may be	34356
transferred to a new owner or operator only pursuant to a Class 3	34357
permit modification.	34358

As used in division (I)(5) of this section:

34359

(a) "Owner" means the person who owns a majority or	34360
controlling interest in a facility.	34361

(b) "Operator" means the person who is responsible for the	34362
overall operation of a facility.	34363

The director shall approve or disapprove an application for a	34364
Class 1 modification that requires the director's approval within	34365
sixty days after receiving the request for modification. The	34366
director shall approve or disapprove an application for a Class 2	34367
modification within three hundred days after receiving the request	34368
for modification. The director shall approve or disapprove an	34369
application for a Class 3 modification that is not described in	34370
divisions (I)(3)(a) to (d) of this section within three hundred	34371
sixty-five days after receiving the request for modification.	34372

(6) The approval or disapproval by the director of a Class 1	34373
modification application is not a final action that is appealable	34374
under Chapter 3745. of the Revised Code. The approval or	34375
disapproval by the director of a Class 2 modification or a Class 3	34376
modification that is not described in divisions (I)(3)(a) to (d)	34377
of this section is a final action that is appealable under that	34378
chapter. In approving or disapproving a request for a	34379
modification, the director shall consider all comments pertaining	34380
to the request that are received during the public comment period	34381
and the public meetings. The administrative record for appeal of a	34382
final action by the director in approving or disapproving a	34383
request for a modification shall include all comments received	34384
during the public comment period relating to the request for	34385
modification, written materials submitted at the public meetings	34386
relating to the request, and any other documents related to the	34387
director's action.	34388

(7) The hazardous waste facility board shall approve or	34389
disapprove an application for a Class 3 modification transmitted	34390
to it under division (I)(4) of this section, or that portion of a	34391
permit renewal application that constitutes a Class 3 modification	34392
application so transmitted, of a hazardous waste facility	34393
installation and operation permit in accordance with division (D)	34394
of this section. No other request for a modification shall be	34395
subject to division (D)(6) of this section. No aspect of a	34396
permitted facility or its operations that is not being modified as	34397
described in division (I)(3)(a), (b), (c), or (d) of this section	34398
shall be subject to review by the board under division (D) of this	34399
section.	34400

(8) Notwithstanding any other provision of law to the	34401
contrary, a change or alteration to a hazardous waste facility	34402
described in division (E)(3)(a) or (b) of section 3734.02 of the	34403
Revised Code, or its operations, is a modification for the	34404
purposes of this section. An application for a modification at	34405
such a facility shall be submitted, classified, and approved or	34406
disapproved in accordance with divisions (I)(1) to (7)(6) of this	34407
section in the same manner as a modification to a hazardous waste	34408
facility installation and operation permit.	34409

(J)(1) Except as provided in division (J)(2) of this section,	34410
an owner or operator of a hazardous waste facility that is	34411
operating in accordance with a permit by rule under rules adopted	34412
by the director under division (E)(3)(b) of section 3734.02 of the	34413
Revised Code shall submit either a hazardous waste facility	34414
installation and operation permit application for the facility or	34415
a modification application, whichever is required under division	34416
(J)(1)(a) or (b) of this section, within one hundred eighty days	34417
after the director has requested the application or upon a later	34418
date if the owner or operator demonstrates to the director good	34419
cause for the late submittal.	34420

(a) If the owner or operator does not have a hazardous waste	34421
facility installation and operation permit for any hazardous waste	34422
treatment, storage, or disposal activities at the facility, the	34423
owner or operator shall submit an application for such a permit to	34424
the director for the activities authorized by the permit by rule.	34425
Notwithstanding any other provision of law to the contrary, the	34426
director shall approve or disapprove the application for the	34427
permit in accordance with the procedures governing the approval or	34428
disapproval of permit renewals under division (H) of this section.	34429

(b) If the owner or operator has a hazardous waste facility	34430
installation and operation permit for hazardous waste treatment,	34431
storage, or disposal activities at the facility other than those	34432
authorized by the permit by rule, the owner or operator shall	34433
submit to the director a request for modification in accordance	34434
with division (I) of this section. Notwithstanding any other	34435
provision of law to the contrary, the director shall approve or	34436
disapprove the modification application in accordance with rules	34437
adopted under division (K)(I)(5) of this section.	34438

(2) The owner or operator of a boiler or industrial furnace	34439
that is conducting thermal treatment activities in accordance with	34440
a permit by rule under rules adopted by the director under	34441
division (E)(3)(b) of section 3734.02 of the Revised Code shall	34442
submit a hazardous waste facility installation and operation	34443
permit application if the owner or operator does not have such a	34444
permit for any hazardous waste treatment, storage, or disposal	34445
activities at the facility or, if the owner or operator has such a	34446
permit for hazardous waste treatment, storage, or disposal	34447
activities at the facility other than thermal treatment activities	34448
authorized by the permit by rule, a modification application to	34449
add those activities authorized by the permit by rule, whichever	34450
is applicable, within one hundred eighty days after the director	34451
has requested the submission of the application or upon a later	34452
date if the owner or operator demonstrates to the director good	34453
cause for the late submittal. The application shall be accompanied	34454
by information necessary to support the request. The hazardous	34455
waste facility boarddirector shall approve or disapprove thean	34456
application for a hazardous waste facility installation and	34457
operation permit in accordance with division (D) of this section	34458
and approve or disapprove an application for a modification in	34459
accordance with division (I)(3) of this section, except that the	34460
boarddirector shall not disapprove an application for the thermal	34461
treatment activities on the basis of the criteria set forth in	34462
division (D)(6)(2)(g) or (h) of this section.	34463

(3) As used in division (J) of this section:

34464

(a) "Modification application" means a request for a	34465
modification submitted in accordance with division (I) of this	34466
section.	34467

(b) "Thermal treatment,""boiler," and "industrial furnace"	34468
have the same meanings as in rules adopted under section 3734.12	34469
of the Revised Code.	34470

(K) The director shall adopt, and may amend, suspend, or	34471
rescind, rules in accordance with Chapter 119. of the Revised Code	34472
in order to implement divisions (H) and (I) of this section.	34473
Except when in actual conflict with this section, rules governing	34474
the classification of and procedures for the modification of	34475
hazardous waste facility installation and operation permits shall	34476
be substantively and procedurally identical to the regulations	34477
governing hazardous waste facility permitting and permit	34478
modifications adopted under the "Resource Conservation and	34479
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	34480
amended.	34481

Sec. 3734.12.  The director of environmental protection shall	34482
adopt and may amend, suspend, and rescind rules in accordance with	34483
Chapter 119. of the Revised Code, which shall be consistent with	34484
and equivalent to the regulations adopted under the "Resource	34485
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	34486
6921, as amended, except for rules adopted under divisions (D) and	34487
(F) of this section governing solid waste facilities and except as	34488
otherwise provided in this chapter, doing all of the following:	34489

(A) Adopting the criteria and procedures established under	34490
the "Resource Conservation and Recovery Act of 1976," 90 Stat.	34491
2806, 42 U.S.C.A. 6921, as amended, for identifying hazardous	34492
waste. The director shall prepare, revise when appropriate, and	34493
publish a list of substances or categories of substances	34494
identified to be hazardous using the criteria specified in 40	34495
C.F.R. 261, as amended, which shall be composed of at least those	34496
substances identified as hazardous pursuant to section 3001(B) of	34497
that act. The director shall not list any waste that the	34498
administrator of the United States environmental protection agency	34499
delisted or excluded by an amendment to the federal regulations,	34500
any waste that the administrator declined to list by publishing a	34501
denial of a rulemaking petition or by withdrawal of a proposed	34502
listing in the United States federal register after May 18, 1980,	34503
or any waste oil or polychlorinated biphenyl not listed by the	34504
administrator.	34505

(B) Establishing standards for generators of hazardous waste	34506
necessary to protect human health or safety or the environment in	34507
accordance with this chapter, including, but not limited to,	34508
requirements respecting all of the following:	34509

(1) Record-keeping practices that accurately identify the	34510
quantities of hazardous waste generated, the constituents that are	34511
significant in quantity or in potential harm to human health or	34512
safety or the environment, and the disposition of the waste;	34513

(2) Labeling of containers used for storage, transportation,	34514
or disposal of hazardous waste to identify the waste accurately;	34515

(3) Use of appropriate containers for hazardous waste;

34516

(4) Providing information on the general chemical composition	34517
of hazardous waste to persons transporting, treating, storing, or	34518
disposing of the waste;	34519

(5) A manifest system requiring a manifest consistent with	34520
that prescribed under the "Resource Conservation and Recovery Act	34521
of 1976," 90 Stat. 2795, 42 U.S.C.A. 6901, as amended, requiring a	34522
manifest for any hazardous waste transported off the premises	34523
where generated and assuring that all hazardous waste that is	34524
transported off the premises where generated is designated for	34525
treatment, storage, or disposal in facilities for which a permit	34526
has been issued or in the other facilities specified in division	34527
(F) of section 3734.02 of the Revised Code;	34528

(6) Submission of such reports to the director as the	34529
director determines necessary;	34530

(7) Establishment of quality control and testing procedures	34531
that ensure compliance with the rules adopted under this section;	34532

(8) Obtainment of a United States environmental protection	34533
agency identification number.	34534

(C) Establishing standards for transporters of hazardous	34535
waste necessary to protect human health or safety or the	34536
environment in accordance with this chapter, including, but not	34537
limited to, requirements respecting all of the following:	34538

(1) Record-keeping concerning hazardous waste transported,	34539
including source and delivery points;	34540

(2) Submission of such reports to the director as the	34541
director determines necessary;	34542

(3) Transportation of only properly labeled waste;

34543

(4) Compliance with the manifest system required by division	34544
(B) of this section;	34545

(5) Transportation of hazardous waste only to the treatment,	34546
storage, or disposal facility that the shipper designates on the	34547
manifest to be a facility holding a permit or another facility	34548
specified in division (F) of section 3734.02 of the Revised Code;	34549

(6) Contingency plans to minimize unanticipated damage from	34550
transportation of hazardous waste;	34551

(7) Financial responsibility, including, but not limited to,	34552
provisions requiring a financial mechanism to cover the costs of	34553
spill cleanup and liability for sudden accidental occurrences that	34554
result in damage to persons, property, or the environment;	34555

(8) Obtainment of a United States environmental protection	34556
agency identification number.	34557

In the case of any hazardous waste that is subject to the	34558
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49	34559
U.S.C.A. 1801, as amended, the rules shall be consistent with that	34560
act and regulations adopted under it.	34561

(D) Establishing performance standards for owners and	34562
operators of hazardous waste facilities and owners and operators	34563
of solid waste facilities, necessary to protect human health or	34564
safety or the environment in accordance with this chapter,	34565
including, but not limited to, requirements respecting all of the	34566
following:	34567

(1) Maintaining records of all hazardous waste that is	34568
treated, stored, or disposed of and of the manner in which the	34569
waste was treated, stored, or disposed of or records of all solid	34570
wastes transferred or disposed of and of the manner in which the	34571
wastes were disposed of;	34572

(2) Submission of such reports to the director as the	34573
director determines necessary;	34574

(3) Reporting, monitoring, inspection, and, except with	34575
respect to solid waste facilities, compliance with the manifest	34576
system referred to in division (B) of this section;	34577

(4) Treatment, storage, or disposal of all hazardous waste	34578
received by methods, techniques, and practices approved by the	34579
director and disposal or transfer of all solid wastes received by	34580
methods, techniques, and practices approved by the director;	34581

(5) Location, design, and construction of hazardous waste	34582
facilities and location, design, and construction of solid waste	34583
facilities;	34584

(6) Contingency plans for effective action to minimize	34585
unanticipated damage from treatment, storage, or disposal of	34586
hazardous waste and the disposal or transfer of solid wastes;	34587

(7) Ownership, continuity of operation, training for	34588
personnel, and financial responsibility, including the filing of	34589
closure and post-closure financial assurance, if applicable. No	34590
private entity shall be precluded by reason of these requirements	34591
from the ownership or operation of facilities providing hazardous	34592
waste treatment, storage, or disposal services if the entity can	34593
provide assurances of financial responsibility and continuity of	34594
operation consistent with the degree and duration of risks	34595
associated with the treatment, storage, or disposal of specified	34596
hazardous waste.	34597

(8) Closure and post-closure care of a hazardous waste	34598
facility where hazardous waste will no longer be treated, stored,	34599
or disposed of and of a solid waste facility where solid wastes	34600
will no longer be disposed of or transferred;	34601

(9) Establishment of quality control and testing procedures	34602
that ensure compliance with the rules adopted under this section;	34603

(10) Obtainment of a United States environmental protection	34604
agency identification number for each hazardous waste treatment,	34605
storage, or disposal facility;	34606

(11) Trial burns and land treatment demonstrations.

34607

The rules adopted under divisions (D) and (F) of this section	34608
pertaining to solid waste facilities do not apply to scrap tire	34609
collection, storage, monocell, monofill, and recovery facilities.	34610
Those facilities are subject to and governed by rules adopted	34611
under sections 3734.70 to 3734.73 of the Revised Code, as	34612
applicable.	34613

(E) Governing the issuance, modification, revocation,	34614
suspension, withdrawal, and denial of installation and operation	34615
permits, draft permits, and transportation certificates of	34616
registration;	34617

(F) Specifying information required to be included in	34618
applications for hazardous waste facility installation and	34619
operation permits and solid waste permits, including, but not	34620
limited to, detail plans, specifications, and information	34621
respecting all of the following:	34622

(1) The composition, quantities, and concentrations of	34623
hazardous waste and solid wastes to be stored, treated,	34624
transported, or disposed of and such other information as the	34625
director may require regarding the method of operation;	34626

(2) The facility to which the waste will be transported or	34627
where it will be stored, treated, or disposed of;	34628

(3) The closure and post-closure care of a facility where	34629
hazardous waste will no longer be treated, stored, or disposed of	34630
and of a solid waste facility where solid wastes will no longer be	34631
disposed of or transferred.	34632

(G) Establishing procedures ensuring that all information	34633
entitled to protection as trade secrets disclosed to the director	34634
or the director's authorized representative is not disclosed	34635
without the consent of the owner, except that such information may	34636
be disclosed, upon request, to authorized representatives of the	34637
United States environmental protection agency, or as required by	34638
law. As used in this section, "trade secrets" means any formula,	34639
plan, pattern, process, tool, mechanism, compound, procedure,	34640
production date, or compilation of information that is not	34641
patented, that is known only to certain individuals within a	34642
commercial concern who are using it to fabricate, produce, or	34643
compound an article, trade, or service having commercial value,	34644
and that gives its user an opportunity to obtain a business	34645
advantage over competitors who do not know or use it.	34646

(H) Prohibiting the disposal of specified hazardous wastes in	34647
this state if the director has determined both of the following:	34648

(1) The potential impacts on human health or safety or the	34649
environment are such that disposal of those wastes should not be	34650
allowed;.	34651

(2) A technically feasible and environmentally sound	34652
alternative is reasonably available, either within or outside this	34653
state, for processing, recycling, fixation of, neutralization of,	34654
or other treatment of those wastes. Such reasonable availability	34655
shall not be determined without a consideration of the costs to	34656
the generator of implementing the alternatives.	34657

The director shall adopt, and may amend, suspend, or rescind,	34658
rules to specify hazardous wastes that shall not be disposed of in	34659
accordance with this division. Nothing in this division, either	34660
prior to or after adoption of those rules, shall preclude the	34661
director or the hazardous waste facility board created in section	34662
3734.05 of the Revised Code from prohibiting the disposal of	34663
specified hazardous wastes at particular facilities under the	34664
terms or conditions of a permit or preclude the director from	34665
prohibiting that disposal by order.	34666

(I)(1)(a) Governing the following that may be more stringent	34667
than the regulations adopted under the "Resource Conservation and	34668
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	34669
amended, when the director determines that such more stringent	34670
rules are reasonable in order to protect human health or safety or	34671
the environment:	34672

(i) Specific wastes that the director determines, because of	34673
their physical, chemical, or biological characteristics, are so	34674
extremely hazardous that the storage, treatment, or disposal of	34675
the wastes in compliance with those regulations would present an	34676
imminent danger to human health or safety or the environment;	34677

(ii) The use of only properly designed, operated, and	34678
approved transfer facilities;	34679

(iii) Preventing illegitimate activities relating to the	34680
reuse, recycling, or reclaiming of hazardous waste, including	34681
record-keeping, reporting, and manifest requirements.	34682

(b) In adopting such more stringent rules, the director shall	34683
give consideration to and base the rules on evidence concerning	34684
factors including, but not limited to, the following insofar as	34685
pertinent:	34686

(i) Geography of the state;

34687

(ii) Geology of the state;

34688

(iii) Hydrogeology of the state;

34689

(iv) Climate of the state;

34690

(v) Engineering and technical feasibility;

34691

(vi) Availability of alternative technologies or methods of	34692
storage, treatment, or disposal.	34693

(2) The director may require from generators and transporters	34694
of hazardous waste and from owners or operators of treatment,	34695
storage, or disposal facilities, the submission of reports in	34696
addition to those required under regulations adopted under the	34697
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806,	34698
42 U.S.C.A. 6921, as amended, to the extent that such reports	34699
contain information that the generator, transporter, or facility	34700
owner or operator is required to obtain in order to comply with	34701
the regulations adopted by the administrator of the United States	34702
environmental protection agency under the "Resource Conservation	34703
and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	34704
amended, or to the extent that such reports are required by the	34705
director to meet the requirements of division (B)(7), (D)(9), or	34706
(H) of this section or section 3734.121 of the Revised Code.	34707

(J) Governing the storage, treatment, or disposal of	34708
hazardous waste in, and the permitting, design, construction,	34709
operation, monitoring, inspection, closure, and post-closure care	34710
of, hazardous waste underground injection wells, surface	34711
impoundments, waste piles other than those composed of materials	34712
removed from the ground as part of coal or mineral extraction or	34713
cleaning processes, land treatment facilities, thermal treatment	34714
facilities, and landfills that may be more stringent than the	34715
regulations adopted under the "Resource Conservation and Recovery	34716
Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended,	34717
whenever the director reasonably determines that federal	34718
regulations will not adequately protect the public health or	34719
safety or the environment of this state with respect to the	34720
subject matter of the more stringent rules. Such more stringent	34721
rules shall be developed to achieve a degree of protection, as	34722
determined by the director, consistent with the degree of hazard	34723
potentially posed by the various wastes or categories of wastes to	34724
be treated, stored, or disposed of and the types of facilities at	34725
which they are to be treated, stored, or disposed of. In adopting	34726
such more stringent rules, the director shall give consideration	34727
to and base the rules on evidence concerning factors including,	34728
but not limited to, the following insofar as pertinent:	34729

(1) Geography of the state;

34730

(2) Geology of the state;

34731

(3) Hydrogeology of the state;

34732

(4) Climate of the state;

34733

(5) Engineering and technical feasibility;

34734

(6) Availability of alternative technologies or methods of	34735
storage, treatment, or disposal.	34736

(K) Establishing performance standards and other requirements	34737
necessary to protect public health and the environment from	34738
hazards associated with used oil, including, without limitation,	34739
standards and requirements respecting all of the following:	34740

(1) Material that is subject to regulation as used oil;

34741

(2) Generation of used oil;

34742

(3) Used oil collection centers and aggregation points;

34743

(4) Transportation of used oil;

34744

(5) Processing and re-refining of used oil;

34745

(6) Burning of used oil;

34746

(7) Marketing of used oil;

34747

(8) Disposal of used oil;

34748

(9) Use of used oil as a dust suppressant.

34749

Sec. 3734.123.  (A) As used in this section and section	34750
3734.124 of the Revised Code, "commercial hazardous waste	34751
incinerator" means an enclosed device that treats hazardous waste	34752
by means of controlled flame combustion and that accepts for	34753
treatment hazardous waste that is generated off the premises on	34754
which the device is located by any person other than the one who	34755
owns or operates the device or one who controls, is controlled by,	34756
or is under common control with the person who owns or operates	34757
the device. "Commercial hazardous waste incinerator" does not	34758
include any "boiler" or "industrial furnace" as those terms are	34759
defined in rules adopted under section 3734.12 of the Revised	34760
Code.	34761

(B) Not sooner than three years after April 15, 1993, and	34762
triennially thereafter, the director of environmental protection	34763
shall prepare, publish, and issue as a final action an assessment	34764
of commercial hazardous waste incinerator capacity in this state.	34765
However, after the issuance as a final action of a determination	34766
under division (A) of section 3734.124 of the Revised Code that	34767
terminates the restrictions established in division (C) of this	34768
section, the director shall cease preparing, publishing, and	34769
issuing the periodic assessments required under this division. The	34770
assessment shall determine the amount of commercial hazardous	34771
waste incinerator capacity needed to manage the hazardous waste	34772
expected to be generated in this state and imported into this	34773
state for incineration at commercial hazardous waste incinerators	34774
during the next succeeding twenty calendar years. The assessment	34775
shall include at least all of the following:	34776

(1) A determination of the aggregate treatment capacity	34777
authorized at commercial hazardous waste incinerators located in	34778
this state;	34779

(2) A determination of the quantity of hazardous waste	34780
generated in this state that is being treated at commercial	34781
hazardous waste incinerators located in this state and projections	34782
of the quantity of hazardous waste generated in this state that	34783
will be treated at those facilities;	34784

(3) A determination of the quantity of hazardous waste	34785
generated outside this state that is being treated at commercial	34786
hazardous waste incinerators located in this state and projections	34787
of the quantity of hazardous waste generated outside this state	34788
that will be treated at those facilities;	34789

(4) A determination of the quantity of hazardous waste	34790
generated in this state that is being treated at commercial	34791
hazardous waste incinerators located outside this state, and	34792
projections of the quantity of hazardous waste generated in this	34793
state that will be treated at those facilities;	34794

(5) The amount of commercial hazardous waste incinerator	34795
capacity that the director reasonably anticipates will be needed	34796
during the first three years of the planning period to treat	34797
hazardous waste generated from the remediation of sites in this	34798
state that are on the national priority list required under the	34799
"Comprehensive Environmental Response, Compensation, and Liability	34800
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended; as a	34801
result of corrective actions implemented under the "Resource	34802
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	34803
6921, as amended; and as a result of clean-up activities conducted	34804
at sites listed on the master sites list prepared by the	34805
environmental protection agency;	34806

(6) Based upon available data, provided that the data are	34807
reliable and are compatible with the data base of the	34808
environmental protection agency, an identification of any	34809
hazardous waste first listed as a hazardous waste in regulations	34810
adopted under the "Resource Conservation and Recovery Act of	34811
1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, on or after	34812
April 15, 1993, and of any hazardous waste that has been proposed	34813
for such listing by publication of a notice in the federal	34814
register on or before December 1 of the year immediately preceding	34815
the triennial assessment;	34816

(7) An analysis of other factors that may result in capacity	34817
changes over the period addressed by the assessment.	34818

(C) Except as otherwise provided in section 3734.124 of the	34819
Revised Code, none of the following shall occur on or after April	34820
15, 1993:	34821

(1) The director shall not do any of the following:

34822

(a) Pursuant to division (D)(3) or (I)(4) of section 3734.05	34823
of the Revised Code, as applicable, transmit to the hazardous	34824
waste facility board created in that section any application for a	34825
Issue any hazardous waste facility installation and operation	34826
permit under division (D) of section 3734.05 of the Revised Code	34827
for the establishment of a new commercial hazardous waste	34828
incinerator, or any request for a modification, as described in	34829
divisions (I)(3)(a) to (d) of section 3734.05 of the Revised Code,	34830
of an existing commercial hazardous waste incinerator to increase	34831
either the treatment capacity of the incinerator or the quantity	34832
of hazardous waste authorized to be treated by it, for which the	34833
staff of the environmental protection agency has made a	34834
preliminary determination as to whether the application or request	34835
appears to comply with the rules and standards set forth under	34836
divisions (D), (I), and (J) of section 3734.12 of the Revised	34837
Code;	34838

(b) Issueissue any modified hazardous waste facility	34839
installation and operation permit under division (I)(5) of that	34840
section 3734.05 of the Revised Code that would authorize an	34841
increase in either the treatment capacity of a commercial	34842
hazardous waste incinerator or the quantity of hazardous waste	34843
authorized to be treated by it;	34844

(c)(b) Issue any permit pursuant to rules adopted under	34845
division (F) of section 3704.03 of the Revised Code, division (J)	34846
of section 6111.03 of the Revised Code, or the solid waste	34847
provisions of this chapter and rules adopted under those	34848
provisions, that is necessary for the establishment, modification,	34849
or operation of any appurtenant facility or equipment that is	34850
necessary for the operation of a new commercial hazardous waste	34851
incinerator, or the modification of such an existing incinerator	34852
to increase either the treatment capacity of the incinerator or	34853
the quantity of hazardous waste that is authorized to be treated	34854
by it. Upon determining that an application for any permit	34855
pertains to the establishment, modification, or operation of any	34856
appurtenant facility or equipment, the director shall cease	34857
reviewing the application and return the application and	34858
accompanying materials to the applicant along with a written	34859
notice that division (C)(1)(c)(b) of this section precludes the	34860
director from reviewing and acting upon the application.	34861

(d)(c) Issue any exemption order under division (G) of	34862
section 3734.02 of the Revised Code exempting the establishment of	34863
a new commercial hazardous waste incinerator; the modification of	34864
an existing facility to increase either the treatment capacity of	34865
the incinerator or the quantity of hazardous waste that is	34866
authorized to be treated by it; or the establishment,	34867
modification, or operation of any facility or equipment	34868
appurtenant to a new or modified commercial hazardous waste	34869
incinerator, from divisions (C)(1)(a),or (b), or (c) or (C)(2) or	34870
(3) of this section.	34871

(2) The staff of the environmental protection agency shall	34872
not take any action under division (D)(3) of section 3734.05 of	34873
the Revised Code to review, or to make a preliminary determination	34874
of compliance with the rules and standards set forth in divisions	34875
(D), (I), and (J) of section 3734.12 of the Revised Code	34876
regarding, anyIf the director determines that an application for	34877
a hazardous waste facility installation and operation permit	34878
submitted under division (D)(3) of section 3734.05 of the Revised	34879
Code that pertains to the establishment of a new commercial	34880
hazardous waste incinerator, or anya request for a modification	34881
of an existing incinerator submitted under division (I)(4) of that	34882
section to modify an existing incineratorpertains to an increase	34883
of either the treatment capacity of the incinerator or the	34884
quantity of hazardous waste that is authorized to be treated by	34885
it. Upon determining that an application or request submitted	34886
under those divisions pertains to the establishment of a new	34887
commercial hazardous waste incinerator or the modification of an	34888
existing incinerator, the staff of the agencydirector shall cease	34889
reviewing the application or request and shall return it and the	34890
accompanying materials to the applicant along with a written	34891
notice that division (C)(2) of this section precludes the staff	34892
from reviewing or making any preliminary determination of	34893
compliance regardingreview of the application or request.	34894

(3) The hazardous waste facility board created in section	34895
3734.05 of the Revised Code shall not do either of the following:	34896

(a) Approve any application for a hazardous waste facility	34897
installation and operation permit, or issue any permit, under	34898
divisions (D) and (F) of section 3734.05 of the Revised Code that	34899
authorizes the establishment and operation of a new commercial	34900
hazardous waste incinerator;	34901

(b) Approve any request to modify an existing commercial	34902
hazardous waste incinerator under divisions (D) and (I)(7) of	34903
section 3734.05 of the Revised Code that authorizes an increase in	34904
either the treatment capacity of the incinerator or the quantity	34905
of hazardous waste authorized to be treated by it.	34906

Sec. 3734.124.  (A) Promptly after issuing a periodic	34907
assessment under division (B) of section 3734.123 of the Revised	34908
Code, the director of environmental protection shall make a	34909
determination as to whether it is necessary or appropriate to	34910
continue the restrictions established in division (C) of section	34911
3734.123 of the Revised Code during the period of time between the	34912
issuance of the assessment and the issuance of the next succeeding	34913
periodic assessment or as to whether it is necessary or	34914
appropriate to terminate the restrictions. The director shall	34915
consider all of the following when making a determination under	34916
this division:	34917

(1) The findings of the assessment;

34918

(2) The findings of an evaluation conducted by the director,	34919
in consultation with the chairperson of the state emergency	34920
response commission created in section 3750.02 of the Revised	34921
Code, regarding the capability of this state to respond to the	34922
types and frequencies of releases of hazardous waste that are	34923
likely to occur at commercial hazardous waste incinerators;	34924

(3) The effect that a new commercial hazardous waste	34925
incinerator may have on ambient air quality in this state;	34926

(4) The findings of a review of relevant information	34927
regarding the impacts of commercial hazardous waste incinerators	34928
on human health and the environment, such as health studies and	34929
risk assessments;	34930

(5) The findings of a review of the operational records of	34931
commercial hazardous waste incinerators operating in this state;	34932

(6) The findings of any review of relevant information	34933
concerning the following:	34934

(a) The cost of and access to commercial hazardous waste	34935
incinerator capacity;	34936

(b) The length of time and the regulatory review process	34937
necessary to fully permit a commercial hazardous waste	34938
incinerator;	34939

(c) Access to long-term capital investment to fund the	34940
building of a commercial hazardous waste incinerator in this	34941
state;	34942

(d) Efforts by generators of hazardous waste accepted by	34943
commercial hazardous waste incinerators to reduce the amount of	34944
hazardous waste that they generate.	34945

(7) Regulatory and legislative concerns that may include,	34946
without limitation, the provisions of paragraphs (a) and (b) of 40	34947
C.F.R. 271.4, as they existed on April 15, 1993.	34948

If, after considering all of the information and concerns	34949
that the director is required to consider under divisions (A)(1)	34950
to (7) of this section, the director determines that it is	34951
necessary or appropriate to terminate the restrictions established	34952
in division (C) of section 3734.123 of the Revised Code in order	34953
to protect human health or safety or the environment, the director	34954
shall issue as a final action a written determination to that	34955
effect. If the director determines that it is necessary or	34956
appropriate for those purposes to continue the restrictions until	34957
the issuance of the next succeeding periodic assessment under	34958
division (B) of section 3734.123 of the Revised Code, the director	34959
shall issue as a final action a written determination to that	34960
effect. After the issuance as a final action of a determination	34961
under this division that it is necessary or appropriate to	34962
terminate the restrictions established in division (C) of section	34963
3734.123 of the Revised Code, the director shall cease making the	34964
periodic determinations required under this division.	34965

(B) Beginning three years after April 15, 1993, but only on	34966
and after the date of issuance as final actions of an assessment	34967
under division (B) of section 3734.123 of the Revised Code and a	34968
determination under division (A) of this section that it is	34969
necessary or appropriate to terminate the restrictions established	34970
in division (C) of section 3734.123 of the Revised Code, any of	34971
the following may occur:	34972

(1) Thethe director may do any of the following:

34973

(a) Pursuant to division (D)(3) or (I)(4) of section 3734.05	34974
of the Revised Code, as applicable, transmit to the hazardous	34975
waste facility board created in that section an application for a	34976
hazardous waste facility installation and operation permit that	34977
pertains to the establishment of a new commercial hazardous waste	34978
incinerator, or a request for a modification, as described in	34979
divisions (I)(3)(a) to (d) of section 3734.05 of the Revised Code,	34980
of a commercial hazardous waste incinerator to increase either the	34981
treatment capacity of the incinerator or the quantity of hazardous	34982
waste authorized to be treated by it, for which the staff of the	34983
environmental protection agency has made a preliminary	34984
determination as to whether the application or request appears to	34985
comply with the rules and standards set forth under divisions (D),	34986
(I), and (K) of section 3734.05 of the Revised Code;	34987

(b) To the extent otherwise authorized in division (I)(5) of	34988
section 3734.05 of the Revised Code, issue a modified hazardous	34989
waste facility installation and operation permit under that	34990
division that authorizes an increase in either the treatment	34991
capacity of a commercial hazardous waste incinerator or the	34992
quantity of hazardous waste authorized to be treated by it;	34993

(c)(1) To the extent otherwise authorized thereunder, issue	34994
any permit pursuant to rules adopted under division (F) of section	34995
3704.03 of the Revised Code, division (J) of section 6111.03 of	34996
the Revised Code, or the solid waste provisions of this chapter	34997
and rules adopted under those provisions, that is necessary for	34998
the establishment, modification, or operation of any appurtenant	34999
facility or equipment that is necessary for the operation of a new	35000
commercial hazardous waste incinerator, or for the modification of	35001
an existing incinerator to increase either the treatment capacity	35002
of the incinerator or the quantity of hazardous waste authorized	35003
to be treated by it;	35004

(d)(2) To the extent otherwise authorized in division (G) of	35005
section 3734.02 of the Revised Code, issue an order exempting the	35006
establishment of a new commercial hazardous waste incinerator; the	35007
modification of an existing incinerator to increase either the	35008
treatment capacity of the incinerator or the quantity of hazardous	35009
waste that is authorized to be treated by it; or the	35010
establishment, modification, or operation of any facility or	35011
equipment appurtenant to a new or modified commercial hazardous	35012
waste incinerator, from division (C)(1)(a),or (b), or (c) or	35013
(C)(2) or (3) of section 3734.123 of the Revised Code.	35014

(2) The staff of the environmental protection agency may do	35015
both of the following:	35016

(a) Pursuant to division (D)(3) or (I)(4) of section 3734.05	35017
of the Revised Code, review an application for a hazardous waste	35018
facility installation and operation permit to establish a new	35019
commercial hazardous waste incinerator or a request to modify an	35020
existing incinerator to increase either the treatment capacity of	35021
the incinerator or the quantity of hazardous waste authorized to	35022
be treated by it;	35023

(b) Pursuant to division (D)(3) or (I)(4) of section 3734.05	35024
of the Revised Code, make a preliminary determination as to	35025
whether an application for a hazardous waste facility permit to	35026
install and operate a new commercial hazardous waste incinerator	35027
or a request to modify an existing incinerator to increase either	35028
the treatment capacity of the incinerator or the quantity of	35029
hazardous waste authorized to be treated by it appears to comply	35030
with the rules and performance standards set forth under divisions	35031
(D), (I), and (J) of section 3734.12 of the Revised Code.	35032

(3) The hazardous waste facility board may do both of the	35033
following:	35034

(a) Approve or disapprove an application for a hazardous	35035
waste facility installation and operation permit, and issue a	35036
permit, under divisionsdivision (D) and (F) of section 3734.05 of	35037
the Revised Code for a new commercial hazardous waste incinerator;	35038

(b) Under divisions (D) and (I)(7) of that section, approve	35039
(4) Approve or disapprove under division (I) of section 3734.05 of	35040
the Revised Code a request to modify the permit of an existing	35041
commercial hazardous waste incinerator to increase either the	35042
treatment capacity of the incinerator or the quantity of hazardous	35043
waste authorized to be treated by it.	35044

Sec. 3734.18.  (A) There are hereby levied fees on the	35045
disposal of hazardous waste to be collected according to the	35046
following schedule at each disposal facility to which the	35047
hazardous waste facility board has issued a hazardous waste	35048
facility installation and operation permit or the director of	35049
environmental protection has issued a renewal of a permit pursuant	35050
to section 3734.05 of the Revised Codehas been issued under this	35051
chapter:	35052

(1) For disposal facilities that are off-site facilities as	35053
defined in division (E) of section 3734.02 of the Revised Code,	35054
fees shall be levied at the rate of four dollars and fifty cents	35055
per ton for hazardous waste disposed of by deep well injection and	35056
nine dollars per ton for hazardous waste disposed of by land	35057
application or landfilling. The owner or operator of the facility,	35058
as a trustee for the state, shall collect the fees and forward	35059
them to the director in accordance with rules adopted under this	35060
section.	35061

(2) For disposal facilities that are on-site or satellite	35062
facilities, as defined in division (E) of section 3734.02 of the	35063
Revised Code, fees shall be levied at the rate of two dollars per	35064
ton for hazardous waste disposed of by deep well injection and	35065
four dollars per ton for hazardous waste disposed of by land	35066
application or landfilling. The maximum annual disposal fee for an	35067
on-site disposal facility that disposes of one hundred thousand	35068
tons or less of hazardous waste in a year is twenty-five thousand	35069
dollars. The maximum annual disposal fee for an on-site facility	35070
that disposes of more than one hundred thousand tons of hazardous	35071
waste in a year by land application or landfilling is fifty	35072
thousand dollars, and the maximum annual fee for an on-site	35073
facility that disposes of more than one hundred thousand tons of	35074
hazardous waste in a year by deep well injection is one hundred	35075
thousand dollars. The maximum annual disposal fee for a satellite	35076
facility that disposes of one hundred thousand tons or less of	35077
hazardous waste in a year is thirty-seven thousand five hundred	35078
dollars, and the maximum annual disposal fee for a satellite	35079
facility that disposes of more than one hundred thousand tons of	35080
hazardous waste in a year is seventy-five thousand dollars, except	35081
that a satellite facility defined under division (E)(3)(b) of	35082
section 3734.02 of the Revised Code that receives hazardous waste	35083
from a single generation site is subject to the same maximum	35084
annual disposal fees as an on-site disposal facility. The owner or	35085
operator shall pay the fee to the director each year upon the	35086
anniversary of the date of issuance of the owner's or operator's	35087
installation and operation permit during the term of that permit	35088
and any renewal permit issued under division (H) of section	35089
3734.05 of the Revised Code. If payment is late, the owner or	35090
operator shall pay an additional ten per cent of the amount of the	35091
fee for each month that it is late.	35092

(B) There are hereby levied fees at the rate of two dollars	35093
per ton on hazardous waste that is treated at treatment facilities	35094
that are not on-site or satellite facilities, as defined in	35095
division (E) of section 3734.02 of the Revised Code, to which the	35096
hazardous waste facility board has issued a hazardous waste	35097
facility installation and operation permit or the directorrenewal	35098
of a permit has been issued a renewal permitunder this chapter,	35099
or that are not subject to the hazardous waste facility	35100
installation and operation permit requirements under rules adopted	35101
by the director.	35102

(C) There are hereby levied additional fees on the treatment	35103
and disposal of hazardous waste at the rate of ten per cent of the	35104
applicable fees prescribed in division (A) or (B) of this section	35105
for the purposes of paying the costs of municipal corporations and	35106
counties for conducting reviews of applications for hazardous	35107
waste facility installation and operation permits for proposed new	35108
or modified hazardous waste landfills within their boundaries,	35109
emergency response actions with respect to releases of hazardous	35110
waste from hazardous waste facilities within their boundaries,	35111
monitoring the operation of such hazardous waste facilities, and	35112
local waste management planning programs. The owner or operator of	35113
a facility located within a municipal corporation, as a trustee	35114
for the municipal corporation, shall collect the fees levied by	35115
this division and forward them to the treasurer of the municipal	35116
corporation or such officer as, by virtue of the charter, has the	35117
duties of the treasurer in accordance with rules adopted under	35118
this section. The owner or operator of a facility located in an	35119
unincorporated area, as a trustee of the county in which the	35120
facility is located, shall collect the fees levied by this	35121
division and forward them to the county treasurer of that county	35122
in accordance with rules adopted under this section. The owner or	35123
operator shall pay the fees levied by this division to the	35124
treasurer or such other officer of the municipal corporation or to	35125
the county treasurer each year upon the anniversary of the date of	35126
issuance of the owner's or operator's installation and operation	35127
permit during the term of that permit and any renewal permit	35128
issued under division (H) of section 3734.05 of the Revised Code.	35129
If payment is late, the owner or operator shall pay an additional	35130
ten per cent of the amount of the fee for each month that the	35131
payment is late.	35132

Moneys received by a municipal corporation under this	35133
division shall be paid into a special fund of the municipal	35134
corporation and used exclusively for the purposes of conducting	35135
reviews of applications for hazardous waste facility installation	35136
and operation permits for new or modified hazardous waste	35137
landfills located or proposed within the municipal corporation,	35138
conducting emergency response actions with respect to releases of	35139
hazardous waste from facilities located within the municipal	35140
corporation, monitoring operation of such hazardous waste	35141
facilities, and conducting waste management planning programs	35142
within the municipal corporation through employees of the	35143
municipal corporation or pursuant to contracts entered into with	35144
persons or political subdivisions. Moneys received by a board of	35145
county commissioners under this division shall be paid into a	35146
special fund of the county and used exclusively for those purposes	35147
within the unincorporated area of the county through employees of	35148
the county or pursuant to contracts entered into with persons or	35149
political subdivisions.	35150

(D) As used in this section, "treatment" or "treated" does	35151
not include any method, technique, or process designed to recover	35152
energy or material resources from the waste or to render the waste	35153
amenable for recovery. The fees levied by division (B) of this	35154
section do not apply to hazardous waste that is treated and	35155
disposed of on the same premises or by the same person.	35156

(E) The director, by rules adopted in accordance with	35157
Chapters 119. and 3745. of the Revised Code, shall prescribe any	35158
dates not specified in this section and procedures for collecting	35159
and forwarding the fees prescribed by this section and may	35160
prescribe other requirements that are necessary to carry out this	35161
section.	35162

The director shall deposit the moneys collected under	35163
divisions (A) and (B) of this section into one or more minority	35164
banks, as "minority bank" is defined in division (F)(1) of section	35165
135.04 of the Revised Code, to the credit of the hazardous waste	35166
facility management fund, which is hereby created in the state	35167
treasury, except that the director shall deposit to the credit of	35168
the underground injection control fund created in section 6111.046	35169
of the Revised Code moneys in excess of fifty thousand dollars	35170
that are collected during a fiscal year under division (A)(2) of	35171
this section from the fee levied on the disposal of hazardous	35172
waste by deep well injection at an on-site disposal facility that	35173
disposes of more than one hundred thousand tons of hazardous waste	35174
in a year.	35175

The environmental protection agency and the hazardous waste	35176
facility board may use moneys in the hazardous waste facility	35177
management fund for administration of the hazardous waste program	35178
established under this chapter and, in accordance with this	35179
section, may request approval by the controlling board for that	35180
use on an annual basis. In addition, the agency may use and pledge	35181
moneys in that fund for repayment of and for interest on any loans	35182
made by the Ohio water development authority to the agency for the	35183
hazardous waste program established under this chapter without the	35184
necessity of requesting approval by the controlling board, which	35185
use and pledge shall have priority over any other use of the	35186
moneys in the fund.	35187

Until September 28, 1996, the director also may use moneys in	35188
the fund to pay the start-up costs of administering Chapter 3746.	35189
of the Revised Code.	35190

If moneys in the fund that the agency uses in accordance with	35191
this chapter are reimbursed by grants or other moneys from the	35192
United States government, the grants or other moneys shall be	35193
placed in the fund.	35194

Before the agency makes any expenditure from the fund other	35195
than for repayment of and interest on any loan made by the Ohio	35196
water development authority to the agency in accordance with this	35197
section, the controlling board shall approve the expenditure.	35198

Sec. 3734.28.  All moneys collected under sections 3734.122,	35199
3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the Revised	35200
Code and natural resource damages collected by the state under the	35201
"Comprehensive Environmental Response, Compensation, and Liability	35202
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended, shall	35203
be paid into the state treasury to the credit of the hazardous	35204
waste clean-up fund, which is hereby created. The environmental	35205
protection agency shall use the moneys in the fund for the	35206
purposes set forth in division (D) of section 3734.122, sections	35207
3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 3734.26, and 3734.27,	35208
and, through June 30, 2003October 15, 2005, divisions (A)(1) and	35209
(2) of section 3745.12 and Chapter 3746. of the Revised Code,	35210
including any related enforcement expenses. In addition, the	35211
agency shall use the moneys in the fund to pay the state's	35212
long-term operation and maintenance costs or matching share for	35213
actions taken under the "Comprehensive Environmental Response,	35214
Compensation, and Liability Act of 1980," as amended. If those	35215
moneys are reimbursed by grants or other moneys from the United	35216
States or any other person, the moneys shall be placed in the fund	35217
and not in the general revenue fund.	35218

Sec. 3734.42.  (A)(1) Except as otherwise provided in	35219
division (E)(2) of this section, every applicant for a permit	35220
other than a permit modification or renewal shall file a	35221
disclosure statement, on a form developed by the attorney general,	35222
with the director of environmental protection and the attorney	35223
general at the same time the applicant files an application for a	35224
permit other than a permit modification or renewal with the	35225
director.	35226

(2) Any individual required to be listed in the disclosure	35227
statement shall be fingerprinted for identification and	35228
investigation purposes in accordance with procedures established	35229
by the attorney general. An individual required to be	35230
fingerprinted under this section shall not be required to be	35231
fingerprinted more than once under this section.	35232

(3) The attorney general, within one hundred eighty days	35233
after receipt of the disclosure statement from an applicant for a	35234
permit, shall prepare and transmit to the director an	35235
investigative report on the applicant, based in part upon the	35236
disclosure statement, except that this deadline may be extended	35237
for a reasonable period of time, for good cause, by the director	35238
or the attorney general. In preparing this report, the attorney	35239
general may request and receive criminal history information from	35240
the federal bureau of investigation and any other law enforcement	35241
agency or organization. The attorney general may provide such	35242
confidentiality regarding the information received from a law	35243
enforcement agency as may be imposed by that agency as a condition	35244
for providing that information to the attorney general.	35245

(4) The review of the application by the director or the	35246
hazardous waste facility board shall include a review of the	35247
disclosure statement and investigative report.	35248

(B) All applicants and permittees shall provide any	35249
assistance or information requested by the director or the	35250
attorney general and shall cooperate in any inquiry or	35251
investigation conducted by the attorney general and any inquiry,	35252
investigation, or hearing conducted by the director or the	35253
hazardous waste facility board. If, upon issuance of a formal	35254
request to answer any inquiry or produce information, evidence, or	35255
testimony, any applicant or permittee, any officer, director, or	35256
partner of any business concern, or any key employee of the	35257
applicant or permittee refuses to comply, the permit of the	35258
applicant or permittee may be denied or revoked by the director or	35259
the board.	35260

(C) The attorney general may charge and collect such fees	35261
from applicants and permittees as are necessary to cover the costs	35262
of administering and enforcing the investigative procedures	35263
authorized in sections 3734.41 to 3734.47 of the Revised Code. The	35264
attorney general shall transmit moneys collected under this	35265
division to the treasurer of state to be credited to the solid and	35266
hazardous waste background investigations fund, which is hereby	35267
created in the state treasury. Moneys in the fund shall be used	35268
solely for paying the attorney general's costs of administering	35269
and enforcing the investigative procedures authorized in sections	35270
3734.41 to 3734.47 of the Revised Code.	35271

(D) Annually on the anniversary date of the submission to the	35272
director by the attorney general of the investigative report for a	35273
specific facility, or annually on another date assigned by the	35274
attorney general, the appropriate applicant, permittee, or	35275
prospective owner shall submit to the attorney general, on a form	35276
provided by the attorney general, any and all information required	35277
to be included in a disclosure statement that has changed or been	35278
added in the immediately preceding year. If, in the immediately	35279
preceding year, there have been no changes in or additions to the	35280
information required to be included in a disclosure statement, the	35281
appropriate applicant, permittee, or prospective owner shall	35282
submit to the attorney general an affidavit stating that there	35283
have been no changes in or additions to that information during	35284
that time period.	35285

Notwithstanding the requirement for an annual submission of	35286
information, the following information shall be submitted within	35287
the periods specified:	35288

(1) Information required to be included in the disclosure	35289
statement for any new officer, director, partner, or key employee,	35290
to be submitted within ninety days from the addition of the	35291
officer, director, partner, or key employee;	35292

(2) Information required to be included in a disclosure	35293
statement for any new business concern, to be submitted within	35294
ninety days from the addition of the new business concern;	35295

(3) Information regarding any new criminal conviction, to be	35296
submitted within ninety days from the judgment entry of	35297
conviction.	35298

The failure to provide such information may constitute the	35299
basis for the revocation or denial of renewal of any permit or	35300
license issued in accordance with this chapter, provided that	35301
prior to any such denial or revocation, the director shall notify	35302
the applicant or permittee of the director's intention to do so	35303
and give the applicant or permittee fourteen days from the date of	35304
the notice to explain why the information was not provided. The	35305
director shall consider this information when determining whether	35306
to revoke or deny the permit or license.	35307

Nothing in this division affects the rights of the director	35308
or the attorney general granted under sections 3734.40 to 3734.47	35309
of the Revised Code to request information from a person at any	35310
other time.	35311

(E)(1) Except as otherwise provided in division (E)(2) of	35312
this section, every permittee who is not otherwise required to	35313
file a disclosure statement shall file a disclosure statement	35314
within five years after June 24, 1988, pursuant to a schedule for	35315
submissions of disclosure statements developed by the attorney	35316
general. The schedule shall provide all permittees and holders of	35317
a license with at least one hundred eighty days' notice prior to	35318
the date upon which the statement is to be submitted. All other	35319
terms of the schedule shall be established at the discretion of	35320
the attorney general and shall not be subject to judicial review.	35321

(2) An applicant for a permit for an off-site solid waste	35322
facility that is a scrap tire storage, monocell, monofill, or	35323
recovery facility issued under section 3734.76, 3734.77, or	35324
3734.78 of the Revised Code, as applicable, shall file a	35325
disclosure statement within five years after October 29, 1993,	35326
pursuant to a schedule for submissions of disclosure statements	35327
developed by the attorney general. The schedule shall provide all	35328
such applicants with at least one hundred eighty days' notice	35329
prior to the date upon which the statement shall be submitted. All	35330
other terms of the schedule shall be established at the discretion	35331
of the attorney general and shall not be subject to judicial	35332
review.	35333

Beginning five years after October 29, 1993, an applicant for	35334
such a permit shall file a disclosure statement in accordance with	35335
division (A)(1) of this section.	35336

(3) When a permittee submits a disclosure statement at the	35337
time it submits an application for a renewal or modification of	35338
its permit, the attorney general shall remove the permittee from	35339
the submission schedule established pursuant to division (E)(1) or	35340
(2) of this section.	35341

(4) After receiving a disclosure statement under division	35342
(E)(1) or (2) of this section, the attorney general shall prepare	35343
an investigative report and transmit it to the director. The	35344
director shall review the disclosure statement and investigative	35345
report to determine whether the statement or report contains	35346
information that if submitted with a permit application would	35347
require a denial of the permit pursuant to section 3734.44 of the	35348
Revised Code. If the director determines that the statement or	35349
report contains such information, the director may revoke any	35350
previously issued permit pursuant to section 3734.45 of the	35351
Revised Code, or the director shall deny any application for a	35352
renewal of a permit or license. When the renewal of the license is	35353
being performed by a board of health, the director shall instruct	35354
the board of health about those circumstances under which the	35355
renewal is required to be denied by this section.	35356

(F)(1) Whenever there is a change in ownership of any	35357
off-site solid waste facility, including incinerators, any	35358
transfer facility, any off-site infectious waste treatment	35359
facility, or any off-site hazardous waste treatment, storage, or	35360
disposal facility, the prospective owner shall file a disclosure	35361
statement with the attorney general and the director at least one	35362
hundred eighty days prior to the proposed change in ownership.	35363
Upon receipt of the disclosure statement, the attorney general	35364
shall prepare an investigative report and transmit it to the	35365
director. The director shall review the disclosure statement and	35366
investigative report to determine whether the statement or report	35367
contains information that if submitted with a permit application	35368
would require a denial of the permit pursuant to section 3734.44	35369
of the Revised Code. If the director determines that the statement	35370
or report contains such information, the director shall disapprove	35371
the change in ownership.	35372

(2) If the parties to a change in ownership decide to proceed	35373
with the change prior to the action of the director on the	35374
disclosure statement and investigative report, the parties shall	35375
include in all contracts or other documents reflecting the change	35376
in ownership language expressly making the change in ownership	35377
subject to the approval of the director and expressly negating the	35378
change if it is disapproved by the director pursuant to division	35379
(F)(1) of this section.	35380

(3) As used in this section, "change in ownership" includes	35381
any change in the names, other than those of officers, directors,	35382
partners, or key employees, contained in the disclosure statement.	35383

Sec. 3734.44.  Notwithstanding the provisions of any law to	35384
the contrary, no permit or license shall be issued or renewed by	35385
the director of environmental protection, the hazardous waste	35386
facility board, or a board of health:	35387

(A) Unless the director, the hazardous waste facility board,	35388
or the board of health finds that the applicant, in any prior	35389
performance record in the transportation, transfer, treatment,	35390
storage, or disposal of solid wastes, infectious wastes, or	35391
hazardous waste, has exhibited sufficient reliability, expertise,	35392
and competency to operate the solid waste, infectious waste, or	35393
hazardous waste facility, given the potential for harm to human	35394
health and the environment that could result from the	35395
irresponsible operation of the facility, or, if no prior record	35396
exists, that the applicant is likely to exhibit that reliability,	35397
expertise, and competence;	35398

(B) If any individual or business concern required to be	35399
listed in the disclosure statement or shown to have a beneficial	35400
interest in the business of the applicant or the permittee, other	35401
than an equity interest or debt liability, by the investigation	35402
thereof, has been convicted of any of the following crimes under	35403
the laws of this state or equivalent laws of any other	35404
jurisdiction:	35405

(1) Murder;

35406

(2) Kidnapping;

35407

(3) Gambling;

35408

(4) Robbery;

35409

(5) Bribery;

35410

(6) Extortion;

35411

(7) Criminal usury;

35412

(8) Arson;

35413

(9) Burglary;

35414

(10) Theft and related crimes;

35415

(11) Forgery and fraudulent practices;

35416

(12) Fraud in the offering, sale, or purchase of securities;

35417

(13) Alteration of motor vehicle identification numbers;

35418

(14) Unlawful manufacture, purchase, use, or transfer of	35419
firearms;	35420

(15) Unlawful possession or use of destructive devices or	35421
explosives;	35422

(16) Violation of section 2925.03, 2925.04, 2925.05, 2925.06,	35423
2925.11, 2925.32, or 2925.37 or Chapter 3719. of the Revised Code,	35424
unless the violation is for possession of less than one hundred	35425
grams of marihuana, less than five grams of marihuana resin or	35426
extraction or preparation of marihuana resin, or less than one	35427
gram of marihuana resin in a liquid concentrate, liquid extract,	35428
or liquid distillate form;	35429

(17) Engaging in a pattern of corrupt activity under section	35430
2923.32 of the Revised Code;	35431

(18) Violation of criminal provisions of Chapter 1331. of the	35432
Revised Code;	35433

(19) Any violation of the criminal provisions of any federal	35434
or state environmental protection laws, rules, or regulations that	35435
is committed knowingly or recklessly, as defined in section	35436
2901.22 of the Revised Code;	35437

(20) Violation of Chapter 2909. of the Revised Code;

35438

(21) Any offense specified in Chapter 2921. of the Revised	35439
Code.	35440

(C) Notwithstanding division (B) of this section, no	35441
applicant shall be denied the issuance or renewal of a permit or	35442
license on the basis of a conviction of any individual or business	35443
concern required to be listed in the disclosure statement or shown	35444
to have a beneficial interest in the business of the applicant or	35445
the permittee, other than an equity interest or debt liability, by	35446
the investigation thereof for any of the offenses enumerated in	35447
that division as disqualification criteria if that applicant has	35448
affirmatively demonstrated rehabilitation of the individual or	35449
business concern by a preponderance of the evidence. If any such	35450
individual was convicted of any of the offenses so enumerated that	35451
are felonies, a permit shall be denied unless five years have	35452
elapsed since the individual was fully discharged from	35453
imprisonment and parole for the offense, from a post-release	35454
control sanction imposed under section 2967.28 of the Revised Code	35455
for the offense, or imprisonment, probation, and parole for an	35456
offense that was committed prior to the effective date of this	35457
amendment. In determining whether an applicant has affirmatively	35458
demonstrated rehabilitation, the director, the hazardous waste	35459
facility board, or the board of health shall request a	35460
recommendation on the matter from the attorney general and shall	35461
consider and base the determination on the following factors:	35462

(1) The nature and responsibilities of the position a	35463
convicted individual would hold;	35464

(2) The nature and seriousness of the offense;

35465

(3) The circumstances under which the offense occurred;

35466

(4) The date of the offense;

35467

(5) The age of the individual when the offense was committed;

35468

(6) Whether the offense was an isolated or repeated incident;

35469

(7) Any social conditions that may have contributed to the	35470
offense;	35471

(8) Any evidence of rehabilitation, including good conduct in	35472
prison or in the community, counseling or psychiatric treatment	35473
received, acquisition of additional academic or vocational	35474
schooling, successful participation in correctional work release	35475
programs, or the recommendation of persons who have or have had	35476
the applicant under their supervision;	35477

(9) In the instance of an applicant that is a business	35478
concern, rehabilitation shall be established if the applicant has	35479
implemented formal management controls to minimize and prevent the	35480
occurrence of violations and activities that will or may result in	35481
permit or license denial or revocation or if the applicant has	35482
formalized those controls as a result of a revocation or denial of	35483
a permit or license. Those controls may include, but are not	35484
limited to, instituting environmental auditing programs to help	35485
ensure the adequacy of internal systems to achieve, maintain, and	35486
monitor compliance with applicable environmental laws and	35487
standards or instituting an antitrust compliance auditing program	35488
to help ensure full compliance with applicable antitrust laws. The	35489
business concern shall prove by a preponderance of the evidence	35490
that the management controls are effective in preventing the	35491
violations that are the subject of concern.	35492

(D) Unless the director, the hazardous waste facility board,	35493
or the board of health finds that the applicant has a history of	35494
compliance with environmental laws in this state and other	35495
jurisdictions and is presently in substantial compliance with, or	35496
on a legally enforceable schedule that will result in compliance	35497
with, environmental laws in this state and other jurisdictions.;	35498

(E) With respect to the approval of a permit, if the director	35499
or the hazardous waste facility board determines that current	35500
prosecutions or pending charges in any jurisdiction for any of the	35501
offenses enumerated in division (B) of this section against any	35502
individual or business concern required to be listed in the	35503
disclosure statement or shown by the investigation to have a	35504
beneficial interest in the business of the applicant other than an	35505
equity interest or debt liability are of such magnitude that they	35506
prevent making the finding required under division (A) of this	35507
section, provided that at the request of the applicant or the	35508
individual or business concern charged, the director or the	35509
hazardous waste facility board shall defer decision upon the	35510
application during the pendency of the charge.	35511

Sec. 3734.46.  Notwithstanding the disqualification of the	35512
applicant or permittee pursuant to this chapter, the director of	35513
environmental protection, hazardous waste facility board, or the	35514
board of health may issue or renew a permit or license if the	35515
applicant or permittee severs the interest of or affiliation with	35516
the individual or business concern that would otherwise cause that	35517
disqualification or may issue or renew a license on a temporary	35518
basis for a period not to exceed six months if the director or the	35519
board of health determines that the issuance or renewal of the	35520
permit or license is necessitated by the public interest.	35521

Sec. 3734.57.  (A) For the purposes of paying the state's	35522
long-term operation costs or matching share for actions taken	35523
under the "Comprehensive Environmental Response, Compensation, and	35524
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as	35525
amended; paying the costs of measures for proper clean-up of sites	35526
where polychlorinated biphenyls and substances, equipment, and	35527
devices containing or contaminated with polychlorinated biphenyls	35528
have been stored or disposed of; paying the costs of conducting	35529
surveys or investigations of solid waste facilities or other	35530
locations where it is believed that significant quantities of	35531
hazardous waste were disposed of and for conducting enforcement	35532
actions arising from the findings of such surveys or	35533
investigations; paying the costs of acquiring and cleaning up, or	35534
providing financial assistance for cleaning up, any hazardous	35535
waste facility or solid waste facility containing significant	35536
quantities of hazardous waste, that constitutes an imminent and	35537
substantial threat to public health or safety or the environment;	35538
and, from July 1, 20012003, through June 30, 20042006, for the	35539
purposes of paying the costs of administering and enforcing the	35540
laws pertaining to solid wastes, infectious wastes, and	35541
construction and demolition debris, including, without limitation,	35542
ground water evaluations related to solid wastes, infectious	35543
wastes, and construction and demolition debris, under this chapter	35544
and Chapter 3714. of the Revised Code and any rules adopted under	35545
them, and paying a share of the administrative costs of the	35546
environmental protection agency pursuant to section 3745.014 of	35547
the Revised Code, the following fees are hereby levied on the	35548
disposal of solid wastes in this state:	35549

(1) One dollar per ton on and after July 1, 1993;

35550

(2) An additional seventy-five centsone dollar per ton on	35551
and after July 1, 20012003, through June 30, 20042006.	35552

The owner or operator of a solid waste disposal facility	35553
shall collect the fees levied under this division as a trustee for	35554
the state and shall prepare and file with the director of	35555
environmental protection monthly returns indicating the total	35556
tonnage of solid wastes received for disposal at the gate of the	35557
facility and the total amount of the fees collected under this	35558
division. Not later than thirty days after the last day of the	35559
month to which such a return applies, the owner or operator shall	35560
mail to the director the return for that month together with the	35561
fees collected during that month as indicated on the return. The	35562
owner or operator may request an extension of not more than thirty	35563
days for filing the return and remitting the fees, provided that	35564
the owner or operator has submitted such a request in writing to	35565
the director together with a detailed description of why the	35566
extension is requested, the director has received the request not	35567
later than the day on which the return is required to be filed,	35568
and the director has approved the request. If the fees are not	35569
remitted within sixty days after the last day of the month during	35570
which they were collected, the owner or operator shall pay an	35571
additional fifty per cent of the amount of the fees for each month	35572
that they are late.	35573

One-half of the moneys remitted to the director under	35574
division (A)(1) of this section shall be credited to the hazardous	35575
waste facility management fund created in section 3734.18 of the	35576
Revised Code, and one-half shall be credited to the hazardous	35577
waste clean-up fund created in section 3734.28 of the Revised	35578
Code. The moneys remitted to the director under division (A)(2) of	35579
this section shall be credited to the solid waste fund, which is	35580
hereby created in the state treasury. The environmental protection	35581
agency shall use moneys in the solid waste fund only to pay the	35582
costs of administering and enforcing the laws pertaining to solid	35583
wastes, infectious wastes, and construction and demolition debris,	35584
including, without limitation, ground water evaluations related to	35585
solid wastes, infectious wastes, and construction and demolition	35586
debris, under this chapter and Chapter 3714. of the Revised Code	35587
and rules adopted under them and to pay a share of the	35588
administrative costs of the environmental protection agency	35589
pursuant to section 3745.014 of the Revised Code.	35590

The fees levied under this division and divisions (B) and (C)	35591
of this section are in addition to all other applicable fees and	35592
taxes and shall be added to any other fee or amount specified in a	35593
contract that is charged by the owner or operator of a solid waste	35594
disposal facility or to any other fee or amount that is specified	35595
in a contract entered into on or after March 4, 1992, and that is	35596
charged by a transporter of solid wastes.	35597

(B) For the purpose of preparing, revising, and implementing	35598
the solid waste management plan of the county or joint solid waste	35599
management district, including, without limitation, the	35600
development and implementation of solid waste recycling or	35601
reduction programs; providing financial assistance to boards of	35602
health within the district, if solid waste facilities are located	35603
within the district, for the enforcement of this chapter and rules	35604
adopted and orders and terms and conditions of permits, licenses,	35605
and variances issued under it, other than the hazardous waste	35606
provisions of this chapter and rules adopted and orders and terms	35607
and conditions of permits issued under those provisions; providing	35608
financial assistance to the county to defray the added costs of	35609
maintaining roads and other public facilities and of providing	35610
emergency and other public services resulting from the location	35611
and operation of a solid waste facility within the county under	35612
the district's approved solid waste management plan; paying the	35613
costs incurred by boards of health for collecting and analyzing	35614
water samples from public or private wells on lands adjacent to	35615
solid waste facilities that are contained in the approved or	35616
amended plan of the district; paying the costs of developing and	35617
implementing a program for the inspection of solid wastes	35618
generated outside the boundaries of this state that are disposed	35619
of at solid waste facilities included in the district's approved	35620
solid waste management plan or amended plan; providing financial	35621
assistance to boards of health within the district for enforcing	35622
laws prohibiting open dumping; providing financial assistance to	35623
local law enforcement agencies within the district for enforcing	35624
laws and ordinances prohibiting littering; providing financial	35625
assistance to boards of health of health districts within the	35626
district that are on the approved list under section 3734.08 of	35627
the Revised Code for the training and certification required for	35628
their employees responsible for solid waste enforcement by rules	35629
adopted under division (L) of section 3734.02 of the Revised Code;	35630
providing financial assistance to individual municipal	35631
corporations and townships within the district to defray their	35632
added costs of maintaining roads and other public facilities and	35633
of providing emergency and other public services resulting from	35634
the location and operation within their boundaries of a	35635
composting, energy or resource recovery, incineration, or	35636
recycling facility that either is owned by the district or is	35637
furnishing solid waste management facility or recycling services	35638
to the district pursuant to a contract or agreement with the board	35639
of county commissioners or directors of the district; and payment	35640
of any expenses that are agreed to, awarded, or ordered to be paid	35641
under section 3734.35 of the Revised Code and of any	35642
administrative costs incurred pursuant to that section, the solid	35643
waste management policy committee of a county or joint solid waste	35644
management district may levy fees upon the following activities:	35645

(1) The disposal at a solid waste disposal facility located	35646
in the district of solid wastes generated within the district;	35647

(2) The disposal at a solid waste disposal facility within	35648
the district of solid wastes generated outside the boundaries of	35649
the district, but inside this state;	35650

(3) The disposal at a solid waste disposal facility within	35651
the district of solid wastes generated outside the boundaries of	35652
this state.	35653

If any such fees are levied prior to January 1, 1994, fees	35654
levied under division (B)(1) of this section always shall be equal	35655
to one-half of the fees levied under division (B)(2) of this	35656
section, and fees levied under division (B)(3) of this section,	35657
which shall be in addition to fees levied under division (B)(2) of	35658
this section, always shall be equal to fees levied under division	35659
(B)(1) of this section, except as otherwise provided in this	35660
division. The solid waste management plan of the county or joint	35661
district approved under section 3734.521 or 3734.55 of the Revised	35662
Code and any amendments to it, or the resolution adopted under	35663
this division, as appropriate, shall establish the rates of the	35664
fees levied under divisions (B)(1), (2), and (3) of this section,	35665
if any, and shall specify whether the fees are levied on the basis	35666
of tons or cubic yards as the unit of measurement. Although the	35667
fees under divisions (A)(1) and (2) of this section are levied on	35668
the basis of tons as the unit of measurement, the solid waste	35669
management plan of the district and any amendments to it or the	35670
solid waste management policy committee in its resolution levying	35671
fees under this division may direct that the fees levied under	35672
those divisions be levied on the basis of cubic yards as the unit	35673
of measurement based upon a conversion factor of three cubic yards	35674
per ton generally or one cubic yard per ton for baled wastes if	35675
the fees under divisions (B)(1) to (3) of this section are being	35676
levied on the basis of cubic yards as the unit of measurement	35677
under the plan, amended plan, or resolution.	35678

On and after January 1, 1994, the fee levied under division	35679
(B)(1) of this section shall be not less than one dollar per ton	35680
nor more than two dollars per ton, the fee levied under division	35681
(B)(2) of this section shall be not less than two dollars per ton	35682
nor more than four dollars per ton, and the fee levied under	35683
division (B)(3) of this section shall be not more than the fee	35684
levied under division (B)(1) of this section, except as otherwise	35685
provided in this division and notwithstanding any schedule of	35686
those fees established in the solid waste management plan of a	35687
county or joint district approved under section 3734.55 of the	35688
Revised Code or a resolution adopted and ratified under this	35689
division that is in effect on that date. If the fee that a	35690
district is levying under division (B)(1) of this section on that	35691
date under its approved plan or such a resolution is less than one	35692
dollar per ton, the fee shall be one dollar per ton on and after	35693
January 1, 1994, and if the fee that a district is so levying	35694
under that division exceeds two dollars per ton, the fee shall be	35695
two dollars per ton on and after that date. If the fee that a	35696
district is so levying under division (B)(2) of this section is	35697
less than two dollars per ton, the fee shall be two dollars per	35698
ton on and after that date, and if the fee that the district is so	35699
levying under that division exceeds four dollars per ton, the fee	35700
shall be four dollars per ton on and after that date. On that	35701
date, the fee levied by a district under division (B)(3) of this	35702
section shall be equal to the fee levied under division (B)(1) of	35703
this section. Except as otherwise provided in this division, the	35704
fees established by the operation of this amendment shall remain	35705
in effect until the district's resolution levying fees under this	35706
division is amended or repealed in accordance with this division	35707
to amend or abolish the schedule of fees, the schedule of fees is	35708
amended or abolished in an amended plan of the district approved	35709
under section 3734.521 or division (A) or (D) of section 3734.56	35710
of the Revised Code, or the schedule of fees is amended or	35711
abolished through an amendment to the district's plan under	35712
division (E) of section 3734.56 of the Revised Code; the	35713
notification of the amendment or abolishment of the fees has been	35714
given in accordance with this division; and collection of the	35715
amended fees so established commences, or collection of the fees	35716
ceases, in accordance with this division.	35717

The solid waste management policy committee of a district	35718
levying fees under divisions (B)(1) to (3) of this section on	35719
October 29, 1993, under its solid waste management plan approved	35720
under section 3734.55 of the Revised Code or a resolution adopted	35721
and ratified under this division that are within the ranges of	35722
rates prescribed by this amendment, by adoption of a resolution	35723
not later than December 1, 1993, and without the necessity for	35724
ratification of the resolution under this division, may amend	35725
those fees within the prescribed ranges, provided that the	35726
estimated revenues from the amended fees will not substantially	35727
exceed the estimated revenues set forth in the district's budget	35728
for calendar year 1994. Not later than seven days after the	35729
adoption of such a resolution, the committee shall notify by	35730
certified mail the owner or operator of each solid waste disposal	35731
facility that is required to collect the fees of the adoption of	35732
the resolution and of the amount of the amended fees. Collection	35733
of the amended fees shall take effect on the first day of the	35734
first month following the month in which the notification is sent	35735
to the owner or operator. The fees established in such a	35736
resolution shall remain in effect until the district's resolution	35737
levying fees that was adopted and ratified under this division is	35738
amended or repealed, and the amendment or repeal of the resolution	35739
is ratified, in accordance with this division, to amend or abolish	35740
the fees, the schedule of fees is amended or abolished in an	35741
amended plan of the district approved under section 3734.521 or	35742
division (A) or (D) of section 3734.56 of the Revised Code, or the	35743
schedule of fees is amended or abolished through an amendment to	35744
the district's plan under division (E) of section 3734.56 of the	35745
Revised Code; the notification of the amendment or abolishment of	35746
the fees has been given in accordance with this division; and	35747
collection of the amended fees so established commences, or	35748
collection of the fees ceases, in accordance with this division.	35749

Prior to the approval of the solid waste management plan of	35750
the district under section 3734.55 of the Revised Code, the solid	35751
waste management policy committee of a district may levy fees	35752
under this division by adopting a resolution establishing the	35753
proposed amount of the fees. Upon adopting the resolution, the	35754
committee shall deliver a copy of the resolution to the board of	35755
county commissioners of each county forming the district and to	35756
the legislative authority of each municipal corporation and	35757
township under the jurisdiction of the district and shall prepare	35758
and publish the resolution and a notice of the time and location	35759
where a public hearing on the fees will be held. Upon adopting the	35760
resolution, the committee shall deliver written notice of the	35761
adoption of the resolution; of the amount of the proposed fees;	35762
and of the date, time, and location of the public hearing to the	35763
director and to the fifty industrial, commercial, or institutional	35764
generators of solid wastes within the district that generate the	35765
largest quantities of solid wastes, as determined by the	35766
committee, and to their local trade associations. The committee	35767
shall make good faith efforts to identify those generators within	35768
the district and their local trade associations, but the	35769
nonprovision of notice under this division to a particular	35770
generator or local trade association does not invalidate the	35771
proceedings under this division. The publication shall occur at	35772
least thirty days before the hearing. After the hearing, the	35773
committee may make such revisions to the proposed fees as it	35774
considers appropriate and thereafter, by resolution, shall adopt	35775
the revised fee schedule. Upon adopting the revised fee schedule,	35776
the committee shall deliver a copy of the resolution doing so to	35777
the board of county commissioners of each county forming the	35778
district and to the legislative authority of each municipal	35779
corporation and township under the jurisdiction of the district.	35780
Within sixty days after the delivery of a copy of the resolution	35781
adopting the proposed revised fees by the policy committee, each	35782
such board and legislative authority, by ordinance or resolution,	35783
shall approve or disapprove the revised fees and deliver a copy of	35784
the ordinance or resolution to the committee. If any such board or	35785
legislative authority fails to adopt and deliver to the policy	35786
committee an ordinance or resolution approving or disapproving the	35787
revised fees within sixty days after the policy committee	35788
delivered its resolution adopting the proposed revised fees, it	35789
shall be conclusively presumed that the board or legislative	35790
authority has approved the proposed revised fees.	35791

In the case of a county district or a joint district formed	35792
by two or three counties, the committee shall declare the proposed	35793
revised fees to be ratified as the fee schedule of the district	35794
upon determining that the board of county commissioners of each	35795
county forming the district has approved the proposed revised fees	35796
and that the legislative authorities of a combination of municipal	35797
corporations and townships with a combined population within the	35798
district comprising at least sixty per cent of the total	35799
population of the district have approved the proposed revised	35800
fees, provided that in the case of a county district, that	35801
combination shall include the municipal corporation having the	35802
largest population within the boundaries of the district, and	35803
provided further that in the case of a joint district formed by	35804
two or three counties, that combination shall include for each	35805
county forming the joint district the municipal corporation having	35806
the largest population within the boundaries of both the county in	35807
which the municipal corporation is located and the joint district.	35808
In the case of a joint district formed by four or more counties,	35809
the committee shall declare the proposed revised fees to be	35810
ratified as the fee schedule of the joint district upon	35811
determining that the boards of county commissioners of a majority	35812
of the counties forming the district have approved the proposed	35813
revised fees; that, in each of a majority of the counties forming	35814
the joint district, the proposed revised fees have been approved	35815
by the municipal corporation having the largest population within	35816
the county and the joint district; and that the legislative	35817
authorities of a combination of municipal corporations and	35818
townships with a combined population within the joint district	35819
comprising at least sixty per cent of the total population of the	35820
joint district have approved the proposed revised fees.	35821

For the purposes of this division, only the population of the	35822
unincorporated area of a township shall be considered. For the	35823
purpose of determining the largest municipal corporation within	35824
each county under this division, a municipal corporation that is	35825
located in more than one solid waste management district, but that	35826
is under the jurisdiction of one county or joint solid waste	35827
management district in accordance with division (A) of section	35828
3734.52 of the Revised Code shall be considered to be within the	35829
boundaries of the county in which a majority of the population of	35830
the municipal corporation resides.	35831

The committee may amend the schedule of fees levied pursuant	35832
to a resolution or amended resolution adopted and ratified under	35833
this division by adopting a resolution establishing the proposed	35834
amount of the amended fees. The committee may abolish the fees	35835
levied pursuant to such a resolution or amended resolution by	35836
adopting a resolution proposing to repeal them. Upon adopting such	35837
a resolution, the committee shall proceed to obtain ratification	35838
of the resolution in accordance with this division.	35839

Not later than fourteen days after declaring the fees or	35840
amended fees to be ratified under this division, the committee	35841
shall notify by certified mail the owner or operator of each solid	35842
waste disposal facility that is required to collect the fees of	35843
the ratification and the amount of the fees. Collection of any	35844
fees or amended fees ratified on or after March 24, 1992, shall	35845
commence on the first day of the second month following the month	35846
in which notification is sent to the owner or operator.	35847

Not later than fourteen days after declaring the repeal of	35848
the district's schedule of fees to be ratified under this	35849
division, the committee shall notify by certified mail the owner	35850
or operator of each facility that is collecting the fees of the	35851
repeal. Collection of the fees shall cease on the first day of the	35852
second month following the month in which notification is sent to	35853
the owner or operator.	35854

Not later than fourteen days after the director issues an	35855
order approving a district's solid waste management plan under	35856
section 3734.55 of the Revised Code or amended plan under division	35857
(A) or (D) of section 3734.56 of the Revised Code that establishes	35858
or amends a schedule of fees levied by the district, or the	35859
ratification of an amendment to the district's approved plan or	35860
amended plan under division (E) of section 3734.56 of the Revised	35861
Code that establishes or amends a schedule of fees, as	35862
appropriate, the committee shall notify by certified mail the	35863
owner or operator of each solid waste disposal facility that is	35864
required to collect the fees of the approval of the plan or	35865
amended plan, or the amendment to the plan, as appropriate, and	35866
the amount of the fees or amended fees. In the case of an initial	35867
or amended plan approved under section 3734.521 of the Revised	35868
Code in connection with a change in district composition, other	35869
than one involving the withdrawal of a county from a joint	35870
district, that establishes or amends a schedule of fees levied	35871
under divisions (B)(1) to (3) of this section by a district	35872
resulting from the change, the committee, within fourteen days	35873
after the change takes effect pursuant to division (G) of that	35874
section, shall notify by certified mail the owner or operator of	35875
each solid waste disposal facility that is required to collect the	35876
fees that the change has taken effect and of the amount of the	35877
fees or amended fees. Collection of any fees set forth in a plan	35878
or amended plan approved by the director on or after April 16,	35879
1993, or an amendment of a plan or amended plan under division (E)	35880
of section 3734.56 of the Revised Code that is ratified on or	35881
after April 16, 1993, shall commence on the first day of the	35882
second month following the month in which notification is sent to	35883
the owner or operator.	35884

Not later than fourteen days after the director issues an	35885
order approving a district's plan under section 3734.55 of the	35886
Revised Code or amended plan under division (A) or (D) of section	35887
3734.56 of the Revised Code that abolishes the schedule of fees	35888
levied under divisions (B)(1) to (3) of this section, or an	35889
amendment to the district's approved plan or amended plan	35890
abolishing the schedule of fees is ratified pursuant to division	35891
(E) of section 3734.56 of the Revised Code, as appropriate, the	35892
committee shall notify by certified mail the owner or operator of	35893
each facility that is collecting the fees of the approval of the	35894
plan or amended plan, or the amendment of the plan or amended	35895
plan, as appropriate, and the abolishment of the fees. In the case	35896
of an initial or amended plan approved under section 3734.521 of	35897
the Revised Code in connection with a change in district	35898
composition, other than one involving the withdrawal of a county	35899
from a joint district, that abolishes the schedule of fees levied	35900
under divisions (B)(1) to (3) of this section by a district	35901
resulting from the change, the committee, within fourteen days	35902
after the change takes effect pursuant to division (G) of that	35903
section, shall notify by certified mail the owner or operator of	35904
each solid waste disposal facility that is required to collect the	35905
fees that the change has taken effect and of the abolishment of	35906
the fees. Collection of the fees shall cease on the first day of	35907
the second month following the month in which notification is sent	35908
to the owner or operator.	35909

Except as otherwise provided in this division, if the	35910
schedule of fees that a district is levying under divisions (B)(1)	35911
to (3) of this section pursuant to a resolution or amended	35912
resolution adopted and ratified under this division, the solid	35913
waste management plan of the district approved under section	35914
3734.55 of the Revised Code, an amended plan approved under	35915
division (A) or (D) of section 3734.56 of the Revised Code, or an	35916
amendment to the district's approved plan or amended plan under	35917
division (E) of section 3734.56 of the Revised Code, is amended by	35918
the adoption and ratification of an amendment to the resolution or	35919
amended resolution or an amendment of the district's approved plan	35920
or amended plan, the fees in effect immediately prior to the	35921
approval of the plan or the amendment of the resolution, amended	35922
resolution, plan, or amended plan, as appropriate, shall continue	35923
to be collected until collection of the amended fees commences	35924
pursuant to this division.	35925

If, in the case of a change in district composition involving	35926
the withdrawal of a county from a joint district, the director	35927
completes the actions required under division (G)(1) or (3) of	35928
section 3734.521 of the Revised Code, as appropriate, forty-five	35929
days or more before the beginning of a calendar year, the policy	35930
committee of each of the districts resulting from the change that	35931
obtained the director's approval of an initial or amended plan in	35932
connection with the change, within fourteen days after the	35933
director's completion of the required actions, shall notify by	35934
certified mail the owner or operator of each solid waste disposal	35935
facility that is required to collect the district's fees that the	35936
change is to take effect on the first day of January immediately	35937
following the issuance of the notice and of the amount of the fees	35938
or amended fees levied under divisions (B)(1) to (3) of this	35939
section pursuant to the district's initial or amended plan as so	35940
approved or, if appropriate, the abolishment of the district's	35941
fees by that initial or amended plan. Collection of any fees set	35942
forth in such a plan or amended plan shall commence on the first	35943
day of January immediately following the issuance of the notice.	35944
If such an initial or amended plan abolishes a schedule of fees,	35945
collection of the fees shall cease on that first day of January.	35946

If, in the case of a change in district composition involving	35947
the withdrawal of a county from a joint district, the director	35948
completes the actions required under division (G)(1) or (3) of	35949
section 3734.521 of the Revised Code, as appropriate, less than	35950
forty-five days before the beginning of a calendar year, the	35951
director, on behalf of each of the districts resulting from the	35952
change that obtained the director's approval of an initial or	35953
amended plan in connection with the change proceedings, shall	35954
notify by certified mail the owner or operator of each solid waste	35955
disposal facility that is required to collect the district's fees	35956
that the change is to take effect on the first day of January	35957
immediately following the mailing of the notice and of the amount	35958
of the fees or amended fees levied under divisions (B)(1) to (3)	35959
of this section pursuant to the district's initial or amended plan	35960
as so approved or, if appropriate, the abolishment of the	35961
district's fees by that initial or amended plan. Collection of any	35962
fees set forth in such a plan or amended plan shall commence on	35963
the first day of the second month following the month in which	35964
notification is sent to the owner or operator. If such an initial	35965
or amended plan abolishes a schedule of fees, collection of the	35966
fees shall cease on the first day of the second month following	35967
the month in which notification is sent to the owner or operator.	35968

In the case of a change in district composition, the schedule	35969
of fees that the former districts that existed prior to the change	35970
were levying under divisions (B)(1) to (3) of this section	35971
pursuant to a resolution or amended resolution adopted and	35972
ratified under this division, the solid waste management plan of a	35973
former district approved under section 3734.521 or 3734.55 of the	35974
Revised Code, an amended plan approved under section 3734.521 or	35975
division (A) or (D) of section 3734.56 of the Revised Code, or an	35976
amendment to a former district's approved plan or amended plan	35977
under division (E) of section 3734.56 of the Revised Code, and	35978
that were in effect on the date that the director completed the	35979
actions required under division (G)(1) or (3) of section 3734.521	35980
of the Revised Code shall continue to be collected until the	35981
collection of the fees or amended fees of the districts resulting	35982
from the change is required to commence, or if an initial or	35983
amended plan of a resulting district abolishes a schedule of fees,	35984
collection of the fees is required to cease, under this division.	35985
Moneys so received from the collection of the fees of the former	35986
districts shall be divided among the resulting districts in	35987
accordance with division (B) of section 343.012 of the Revised	35988
Code and the agreements entered into under division (B) of section	35989
343.01 of the Revised Code to establish the former and resulting	35990
districts and any amendments to those agreements.	35991

For the purposes of the provisions of division (B) of this	35992
section establishing the times when newly established or amended	35993
fees levied by a district are required to commence and the	35994
collection of fees that have been amended or abolished is required	35995
to cease, "fees" or "schedule of fees" includes, in addition to	35996
fees levied under divisions (B)(1) to (3) of this section, those	35997
levied under section 3734.573 or 3734.574 of the Revised Code.	35998

(C) For the purposes of defraying the added costs to a	35999
municipal corporation or township of maintaining roads and other	36000
public facilities and of providing emergency and other public	36001
services, and compensating a municipal corporation or township for	36002
reductions in real property tax revenues due to reductions in real	36003
property valuations resulting from the location and operation of a	36004
solid waste disposal facility within the municipal corporation or	36005
township, a municipal corporation or township in which such a	36006
solid waste disposal facility is located may levy a fee of not	36007
more than twenty-five cents per ton on the disposal of solid	36008
wastes at a solid waste disposal facility located within the	36009
boundaries of the municipal corporation or township regardless of	36010
where the wastes were generated.	36011

The legislative authority of a municipal corporation or	36012
township may levy fees under this division by enacting an	36013
ordinance or adopting a resolution establishing the amount of the	36014
fees. Upon so doing the legislative authority shall mail a	36015
certified copy of the ordinance or resolution to the board of	36016
county commissioners or directors of the county or joint solid	36017
waste management district in which the municipal corporation or	36018
township is located or, if a regional solid waste management	36019
authority has been formed under section 343.011 of the Revised	36020
Code, to the board of trustees of that regional authority, the	36021
owner or operator of each solid waste disposal facility in the	36022
municipal corporation or township that is required to collect the	36023
fee by the ordinance or resolution, and the director of	36024
environmental protection. Although the fees levied under this	36025
division are levied on the basis of tons as the unit of	36026
measurement, the legislative authority, in its ordinance or	36027
resolution levying the fees under this division, may direct that	36028
the fees be levied on the basis of cubic yards as the unit of	36029
measurement based upon a conversion factor of three cubic yards	36030
per ton generally or one cubic yard per ton for baled wastes.	36031

Not later than five days after enacting an ordinance or	36032
adopting a resolution under this division, the legislative	36033
authority shall so notify by certified mail the owner or operator	36034
of each solid waste disposal facility that is required to collect	36035
the fee. Collection of any fee levied on or after March 24, 1992,	36036
shall commence on the first day of the second month following the	36037
month in which notification is sent to the owner or operator.	36038

(D)(1) The fees levied under divisions (A), (B), and (C) of	36039
this section do not apply to the disposal of solid wastes that:	36040

(a) Are disposed of at a facility owned by the generator of	36041
the wastes when the solid waste facility exclusively disposes of	36042
solid wastes generated at one or more premises owned by the	36043
generator regardless of whether the facility is located on a	36044
premises where the wastes are generated;	36045

(b) Are disposed of at facilities that exclusively dispose of	36046
wastes that are generated from the combustion of coal, or from the	36047
combustion of primarily coal in combination with scrap tires, that	36048
is not combined in any way with garbage at one or more premises	36049
owned by the generator.	36050

(2) Except as provided in section 3734.571 of the Revised	36051
Code, any fees levied under division (B)(1) of this section apply	36052
to solid wastes originating outside the boundaries of a county or	36053
joint district that are covered by an agreement for the joint use	36054
of solid waste facilities entered into under section 343.02 of the	36055
Revised Code by the board of county commissioners or board of	36056
directors of the county or joint district where the wastes are	36057
generated and disposed of.	36058

(3) When solid wastes, other than solid wastes that consist	36059
of scrap tires, are burned in a disposal facility that is an	36060
incinerator or energy recovery facility, the fees levied under	36061
divisions (A), (B), and (C) of this section shall be levied upon	36062
the disposal of the fly ash and bottom ash remaining after burning	36063
of the solid wastes and shall be collected by the owner or	36064
operator of the sanitary landfill where the ash is disposed of.	36065

(4) When solid wastes are delivered to a solid waste transfer	36066
facility, the fees levied under divisions (A), (B), and (C) of	36067
this section shall be levied upon the disposal of solid wastes	36068
transported off the premises of the transfer facility for disposal	36069
and shall be collected by the owner or operator of the solid waste	36070
disposal facility where the wastes are disposed of.	36071

(5) The fees levied under divisions (A), (B), and (C) of this	36072
section do not apply to sewage sludge that is generated by a waste	36073
water treatment facility holding a national pollutant discharge	36074
elimination system permit and that is disposed of through	36075
incineration, land application, or composting or at another	36076
resource recovery or disposal facility that is not a landfill.	36077

(6) The fees levied under divisions (A), (B), and (C) of this	36078
section do not apply to solid wastes delivered to a solid waste	36079
composting facility for processing. When any unprocessed solid	36080
waste or compost product is transported off the premises of a	36081
composting facility and disposed of at a landfill, the fees levied	36082
under divisions (A), (B), and (C) of this section shall be	36083
collected by the owner or operator of the landfill where the	36084
unprocessed waste or compost product is disposed of.	36085

(7) When solid wastes that consist of scrap tires are	36086
processed at a scrap tire recovery facility, the fees levied under	36087
divisions (A), (B), and (C) of this section shall be levied upon	36088
the disposal of the fly ash and bottom ash or other solid wastes	36089
remaining after the processing of the scrap tires and shall be	36090
collected by the owner or operator of the solid waste disposal	36091
facility where the ash or other solid wastes are disposed of.	36092

(E) The fees levied under divisions (B) and (C) of this	36093
section shall be collected by the owner or operator of the solid	36094
waste disposal facility where the wastes are disposed of as a	36095
trustee for the county or joint district and municipal corporation	36096
or township where the wastes are disposed of. Moneys from the fees	36097
levied under division (B) of this section shall be forwarded to	36098
the board of county commissioners or board of directors of the	36099
district in accordance with rules adopted under division (H) of	36100
this section. Moneys from the fees levied under division (C) of	36101
this section shall be forwarded to the treasurer or such other	36102
officer of the municipal corporation as, by virtue of the charter,	36103
has the duties of the treasurer or to the clerk of the township,	36104
as appropriate, in accordance with those rules.	36105

(F) Moneys received by the treasurer or such other officer of	36106
the municipal corporation under division (E) of this section shall	36107
be paid into the general fund of the municipal corporation. Moneys	36108
received by the clerk of the township under that division shall be	36109
paid into the general fund of the township. The treasurer or such	36110
other officer of the municipal corporation or the clerk, as	36111
appropriate, shall maintain separate records of the moneys	36112
received from the fees levied under division (C) of this section.	36113

(G) Moneys received by the board of county commissioners or	36114
board of directors under division (E) of this section or section	36115
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	36116
shall be paid to the county treasurer, or other official acting in	36117
a similar capacity under a county charter, in a county district or	36118
to the county treasurer or other official designated by the board	36119
of directors in a joint district and kept in a separate and	36120
distinct fund to the credit of the district. If a regional solid	36121
waste management authority has been formed under section 343.011	36122
of the Revised Code, moneys received by the board of trustees of	36123
that regional authority under division (E) of this section shall	36124
be kept by the board in a separate and distinct fund to the credit	36125
of the district. Moneys in the special fund of the county or joint	36126
district arising from the fees levied under division (B) of this	36127
section and the fee levied under division (A) of section 3734.573	36128
of the Revised Code shall be expended by the board of county	36129
commissioners or directors of the district in accordance with the	36130
district's solid waste management plan or amended plan approved	36131
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	36132
exclusively for the following purposes:	36133

(1) Preparation of the solid waste management plan of the	36134
district under section 3734.54 of the Revised Code, monitoring	36135
implementation of the plan, and conducting the periodic review and	36136
amendment of the plan required by section 3734.56 of the Revised	36137
Code by the solid waste management policy committee;	36138

(2) Implementation of the approved solid waste management	36139
plan or amended plan of the district, including, without	36140
limitation, the development and implementation of solid waste	36141
recycling or reduction programs;	36142

(3) Providing financial assistance to boards of health within	36143
the district, if solid waste facilities are located within the	36144
district, for enforcement of this chapter and rules, orders, and	36145
terms and conditions of permits, licenses, and variances adopted	36146
or issued under it, other than the hazardous waste provisions of	36147
this chapter and rules adopted and orders and terms and conditions	36148
of permits issued under those provisions;	36149

(4) Providing financial assistance to each county within the	36150
district to defray the added costs of maintaining roads and other	36151
public facilities and of providing emergency and other public	36152
services resulting from the location and operation of a solid	36153
waste facility within the county under the district's approved	36154
solid waste management plan or amended plan;	36155

(5) Pursuant to contracts entered into with boards of health	36156
within the district, if solid waste facilities contained in the	36157
district's approved plan or amended plan are located within the	36158
district, for paying the costs incurred by those boards of health	36159
for collecting and analyzing samples from public or private water	36160
wells on lands adjacent to those facilities;	36161

(6) Developing and implementing a program for the inspection	36162
of solid wastes generated outside the boundaries of this state	36163
that are disposed of at solid waste facilities included in the	36164
district's approved solid waste management plan or amended plan;	36165

(7) Providing financial assistance to boards of health within	36166
the district for the enforcement of section 3734.03 of the Revised	36167
Code or to local law enforcement agencies having jurisdiction	36168
within the district for enforcing anti-littering laws and	36169
ordinances;	36170

(8) Providing financial assistance to boards of health of	36171
health districts within the district that are on the approved list	36172
under section 3734.08 of the Revised Code to defray the costs to	36173
the health districts for the participation of their employees	36174
responsible for enforcement of the solid waste provisions of this	36175
chapter and rules adopted and orders and terms and conditions of	36176
permits, licenses, and variances issued under those provisions in	36177
the training and certification program as required by rules	36178
adopted under division (L) of section 3734.02 of the Revised Code;	36179

(9) Providing financial assistance to individual municipal	36180
corporations and townships within the district to defray their	36181
added costs of maintaining roads and other public facilities and	36182
of providing emergency and other public services resulting from	36183
the location and operation within their boundaries of a	36184
composting, energy or resource recovery, incineration, or	36185
recycling facility that either is owned by the district or is	36186
furnishing solid waste management facility or recycling services	36187
to the district pursuant to a contract or agreement with the board	36188
of county commissioners or directors of the district;	36189

(10) Payment of any expenses that are agreed to, awarded, or	36190
ordered to be paid under section 3734.35 of the Revised Code and	36191
of any administrative costs incurred pursuant to that section. In	36192
the case of a joint solid waste management district, if the board	36193
of county commissioners of one of the counties in the district is	36194
negotiating on behalf of affected communities, as defined in that	36195
section, in that county, the board shall obtain the approval of	36196
the board of directors of the district in order to expend moneys	36197
for administrative costs incurred.	36198

Prior to the approval of the district's solid waste	36199
management plan under section 3734.55 of the Revised Code, moneys	36200
in the special fund of the district arising from the fees shall be	36201
expended for those purposes in the manner prescribed by the solid	36202
waste management policy committee by resolution.	36203

Notwithstanding division (G)(6) of this section as it existed	36204
prior to October 29, 1993, or any provision in a district's solid	36205
waste management plan prepared in accordance with division	36206
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	36207
prior to that date, any moneys arising from the fees levied under	36208
division (B)(3) of this section prior to January 1, 1994, may be	36209
expended for any of the purposes authorized in divisions (G)(1) to	36210
(10) of this section.	36211

(H) The director shall adopt rules in accordance with Chapter	36212
119. of the Revised Code prescribing procedures for collecting and	36213
forwarding the fees levied under divisions (B) and (C) of this	36214
section to the boards of county commissioners or directors of	36215
county or joint solid waste management districts and to the	36216
treasurers or other officers of municipal corporations or to the	36217
clerks of townships. The rules also shall prescribe the dates for	36218
forwarding the fees to the boards and officials and may prescribe	36219
any other requirements the director considers necessary or	36220
appropriate to implement and administer divisions (A), (B), and	36221
(C) of this section. Collection of the fees levied under division	36222
(A)(1) of this section shall commence on July 1, 1993. Collection	36223
of the fees levied under division (A)(2) of this section shall	36224
commence on January 1, 1994.	36225

Sec. 3735.27.  (A) Whenever the director of development has	36226
determined that there is need for a housing authority in any	36227
portion of any county that comprises two or more political	36228
subdivisions or portions thereofof two or more political	36229
subdivisions but is less than all the territory within the county,	36230
a metropolitan housing authority shall be declared to exist, and	36231
the territorial limits thereofof the authority shall be defined,	36232
by a letter from the director. The director shall issue a	36233
determination from the department of development declaring that	36234
there is need for a housing authority within suchthose	36235
territorial limits after finding either of the following:	36236

(1) Unsanitary or unsafe inhabited housing accommodations	36237
exist in suchthat area;	36238

(2) There is a shortage of safe and sanitary housing	36239
accommodations in suchthat area available to persons who lack the	36240
amount of income whichthat is necessary, as determined by the	36241
director, to enable them, without financial assistance, to live in	36242
decent, safe, and sanitary dwellings without congestion.	36243

In determining whether dwelling accommodations are unsafe or	36244
unsanitary, the director may take into consideration the degree of	36245
congestion, the percentage of land coverage, the light, air,	36246
space, and access available to the inhabitants of suchthe	36247
dwelling accommodations, the size and arrangement of the rooms,	36248
the sanitary facilities, and the extent to which conditions exist	36249
in such buildings whichthe dwelling accomodations that endanger	36250
life or property by fire or other causes.	36251

The territorial limits of a metropolitan housing authority,	36252
as defined by the director,under this division shall be fixed for	36253
suchthe authority upon proof of a letter from the director	36254
declaring the need for suchthe authority to function in those	36255
territorial limits. Any such letter from the director, any	36256
certificate of determination issued by the director, and any	36257
certificate of appointment of members of the authority shall be	36258
admissible in evidence in any suit, action, or proceeding.	36259

A certified copy of the letter from the director, declaring	36260
the existence of a metropolitan housing authority and boundaries	36261
the territorial limits of a housing authorityits district, shall	36262
be immediately forwarded to each appointing authority. A	36263
metropolitan housing authority shall consist of five members, who	36264
shall beare residents of the territory embraced in such	36265
metropolitan housing authority districtwhich they serve.	36266

(B) Except as otherwise provided in division (C), (D), or (E)	36267
of this section, one member shall be appointed by the probate	36268
court, one member by the court of common pleas, one member by the	36269
board of county commissioners, and two members by the chief	36270
executive officer of the most populous city in the territory	36271
included in the district, in accordance with the last preceding	36272
federal census. At the time of the initial appointment of the	36273
authority, the member appointed by the probate court shall be	36274
appointed for a period of four years, the appointee ofmember	36275
appointed by the court of common pleas shall be appointed for	36276
three years, the appointee ofmember appointed by the board of	36277
county commissioners shall be appointed for two years, one	36278
appointee of themember appointed by the chief executive officer	36279
of the most populous city in the district shall be appointed for	36280
one year, and one appointee of the other member appointed by the	36281
chief executive officer of the most populous city in the district	36282
shall be appointed for five years. Thereafter, all members of the	36283
authority shall be appointed for five-year terms, and vacancies	36284
due to expired terms shall be filled by the same appointing powers	36285
in the manner provided in the original appointments.	36286

(C) For any metropolitan housing authority district that	36287
contained, as of the 1990 federal census, a population of at least	36288
one million, two members of the authority shall be appointed by	36289
the municipal legislative authority of the most populous city in	36290
the territory included in the district, two members shall be	36291
appointed by the chief executive officer of the most populous city	36292
in the territory included in the district, and one member shall be	36293
appointed by the chief executive officer, with the approval of the	36294
municipal legislative authority, of the city in the district which	36295
that has the second highest number of housing units owned or	36296
managed by the authority.	36297

At the time of the initial appointment of the authority, one	36298
member appointed by the municipal legislative authority of the	36299
most populous city in the territory included in the district shall	36300
be appointed for three years, and one such member shall be	36301
appointed for one year; the appointee ofmember appointed by the	36302
chief executive officer of the city with the second highest number	36303
of housing units owned or managed by the authority shall be	36304
appointed, with the approval of the municipal legislative	36305
authority, for three years; and one appointee ofmember appointed	36306
by the chief executive officer of the most populous city in the	36307
district shall be appointed for three years, and one such member	36308
shall be appointed for one year. Thereafter, all members of the	36309
authority shall be appointed for three-year terms, and any vacancy	36310
shall be filled by the same appointing power that made the initial	36311
appointment. At the expiration of the term of any member appointed	36312
by the chief executive officer of the most populous city in the	36313
territory included in the district prior to March 15, 1983, the	36314
chief executive officer of the most populous city in the district	36315
shall fill the vacancy by appointment for a three-year term. At	36316
the expiration of the term of any member appointed by the board of	36317
county commissioners prior to March 15, 1983, the chief executive	36318
officer of the city in the district with the second highest number	36319
of housing units owned or managed by the authority shall, with the	36320
approval of the municipal legislative authority, fill the vacancy	36321
by appointment for a three-year term. At the expiration of the	36322
term of any member appointed prior to March 15, 1983, by the court	36323
of common pleas or the probate court, the legislative authority of	36324
the most populous city in the territory included in the district	36325
shall fill the vacancy by appointment for a three-year term.	36326

After March 15, 1983, at least one of the members appointed	36327
by the chief executive officer of the most populous city shall be	36328
a resident of a dwelling unit owned or managed by the housing	36329
authority. At least one of the initial appointments by the chief	36330
executive officer of the most populous city, after March 15, 1983,	36331
shall be a resident of a dwelling unit owned or managed by the	36332
housing authority. Thereafter, any member appointed by the chief	36333
executive officer of the most populous city for the term	36334
established by this initial appointment, or for any succeeding	36335
term thereof, shall be a person who resides in a dwelling unit	36336
owned or managed by the housing authority. If there is an elected,	36337
representative body of all residents of the housing authority,	36338
then the chief executive officer of the most populous city shall,	36339
whenever there is a vacancy in this resident term, provide written	36340
notice of the vacancy to the representative body. If the	36341
representative body submits to the chief executive officer of the	36342
most populous city, in writing and within sixty days after the	36343
date on which it was notified of the vacancy, the names of at	36344
least five residents of the housing authority who are willing and	36345
qualified to serve as a member, then the chief executive officer	36346
of the most populous city shall appoint to the resident term one	36347
of the residents recommended by the representative body. At no	36348
time shall residents constitute a majority of the members of the	36349
authority.	36350

(D)(1) For any metropolitan housing authority district	36351
located in a county that had, as of the 2000 federal census, a	36352
population of at least four hundred thousand and no city with a	36353
population greater than thirty per cent of the total population of	36354
the county, one member of the authority shall be appointed by the	36355
probate court, one member shall be appointed by the court of	36356
common pleas, one member shall be appointed by the chief executive	36357
officer of the most populous city in the district, and two members	36358
shall be appointed by the board of county commissioners.	36359

(2) At the time of the initial appointment of a metropolitan	36360
housing authority pursuant to this division, the member appointed	36361
by the probate court shall be appointed for a period of four	36362
years, the member appointed by the court of common pleas shall be	36363
appointed for three years, the member appointed by the chief	36364
executive officer of the most populous city shall be appointed for	36365
two years, one member appointed by the board of county	36366
commissioners shall be appointed for one year, and the other	36367
member appointed by the board of county commissioners shall be	36368
appointed for five years. Thereafter, all members of the authority	36369
shall be appointed for five-year terms, with each term ending on	36370
the same day of the same month as the term that it succeeds.	36371
Vacancies shall be filled in the manner provided in the original	36372
appointments. Any member appointed to fill a vacancy occurring	36373
prior to the expiration of the term shall hold office as a member	36374
for the remainder of that term.	36375

(E)(1) An additional two members shall be appointed to the	36376
metropolitan housing authority in any district that has three	36377
hundred or more assisted housing units and that does not have at	36378
least one resident as a member of its authority. For the purposes	36379
of this section an "assisted unit" is a housing unit owned or	36380
operated by the housing authority or a unit in which the occupants	36381
receive tenant-based housing assistance through the federal	36382
section 8 housing program, 24 C.F.R. Ch VIII, and, a "resident" is	36383
a person who lives in an assisted housing unit.	36384

(2) The chief executive officer of the most populous city in	36385
the district shall appoint an additional member who is a resident	36386
for an initial term of five years. The board of county	36387
commissioners shall appoint the other additional member, who need	36388
not be a resident, for an initial term of three years. After the	36389
initial term, the terms of both members shall be five years and	36390
vacancies shall be filled in the manner provided in the original	36391
appointments. Any member appointed to fill a vacancy occurring	36392
prior to the expiration of the term for which the member's	36393
predecessor was appointed shall hold office as a member for the	36394
remainder of that term.	36395

(3) A member appointed as a resident member who no longer	36396
qualifies as a resident shall be deemed unable to serve and	36397
another resident member shall be appointed to serve the unexpired	36398
portion of that term.	36399

(F) Public officials, other than the officers having the	36400
appointing power under this section, shall be eligible to serve as	36401
members, officers, or employees of thea metropolitan housing	36402
authority notwithstanding any statute, charter, or law to the	36403
contrary. Not more than two such public officials shall be members	36404
of the authority at any one time.	36405

All members of such housingan authority shall serve without	36406
compensation but shall be entitled to be reimbursed for all	36407
necessary expenses incurred. After such	36408

After a metropolitan housing authority district has beenis	36409
formed, the director may enlarge the territory within suchthe	36410
district to include other political subdivisions, or portions	36411
thereofof other political subdivisions, but the territorial	36412
limits of whichthe district shall be less than that of the	36413
county.	36414

Sec. 3735.67.  (A) The owner of real property located in a	36415
community reinvestment area and eligible for exemption from	36416
taxation under a resolution adopted pursuant to section 3735.66 of	36417
the Revised Code may file an application for an exemption from	36418
real property taxation of a percentage of the assessed valuation	36419
of a new structure or remodeling, completed after the effective	36420
date of the resolution adopted pursuant to section 3735.66 of the	36421
Revised Code, with the housing officer designated pursuant to	36422
section 3735.66 of the Revised Code for the community reinvestment	36423
area in which the property is located. If any part of the new	36424
structure or remodeling that would be exempted is of real property	36425
to be used for commercial or industrial purposes, the legislative	36426
authority and the owner of the property shall enter into a written	36427
agreement pursuant to section 3735.671 of the Revised Code prior	36428
to commencement of construction or remodeling; if such an	36429
agreement is subject to approval by the board of education of the	36430
school district within the territory of which the property is or	36431
will be located, the agreement shall not be formally approved by	36432
the legislative authority until the board of education approves	36433
the agreement in the manner prescribed by that section.	36434

(B) The housing officer shall verify the construction of the	36435
new structure or the cost of the remodeling and the facts asserted	36436
in the application. The housing officer shall determine whether	36437
the construction or the cost of the remodeling meets the	36438
requirements for an exemption under this section. In cases	36439
involving a structure of historical or architectural significance,	36440
the housing officer shall not determine whether the remodeling	36441
meets the requirements for a tax exemption unless the	36442
appropriateness of the remodeling has been certified, in writing,	36443
by the society, association, agency, or legislative authority that	36444
has designated the structure or by any organization or person	36445
authorized, in writing, by such society, association, agency, or	36446
legislative authority to certify the appropriateness of the	36447
remodeling.	36448

(C) If the construction or remodeling meets the requirements	36449
for exemption, the housing officer shall forward the application	36450
to the county auditor with a certification as to the division of	36451
this section under which the exemption is granted, and the period	36452
and percentage of the exemption as determined by the legislative	36453
authority pursuant to that division. If the construction or	36454
remodeling is of commercial or industrial property and the	36455
legislative authority is not required to certify a copy of a	36456
resolution under section 3735.671 of the Revised Code, the housing	36457
officer shall comply with the notice requirements prescribed under	36458
section 5709.83 of the Revised Code, unless the board has adopted	36459
a resolution under that section waiving its right to receive such	36460
a notice.	36461

(D) The tax exemption shall first apply in the year the	36462
construction or remodeling would first be taxable but for this	36463
section. In the case of remodeling that qualifies for exemption, a	36464
percentage, not to exceed one hundred per cent, of the amount by	36465
which the remodeling increased the assessed value of the structure	36466
shall be exempted from real property taxation. In the case of	36467
construction of a structure that qualifies for exemption, a	36468
percentage, not to exceed one hundred per cent, of the assessed	36469
value of the structure shall be exempted from real property	36470
taxation. In either case, the percentage shall be the percentage	36471
set forth in the agreement if the structure or remodeling is to be	36472
used for commercial or industrial purposes, or the percentage set	36473
forth in the resolution describing the community reinvestment area	36474
if the structure or remodeling is to be used for residential	36475
purposes.	36476

The construction of new structures and the remodeling of	36477
existing structures are hereby declared to be a public purpose for	36478
which exemptions from real property taxation may be granted for	36479
the following periods:	36480

(1) For every dwelling containing not more than two family	36481
units located within the same community reinvestment area and upon	36482
which the cost of remodeling is at least two thousand five hundred	36483
dollars, a period to be determined by the legislative authority	36484
adopting the resolution describing the community reinvestment area	36485
where the dwelling is located, but not exceeding ten years;	36486

(2) For every dwelling containing more than two units and	36487
commercial or industrial properties, located within the same	36488
community reinvestment area, upon which the cost of remodeling is	36489
at least five thousand dollars, a period to be determined by the	36490
legislative authority adopting the resolution, but not exceeding	36491
twelve years;	36492

(3) For construction of every dwelling, and commercial or	36493
industrial structure located within the same community	36494
reinvestment area, a period to be determined by the legislative	36495
authority adopting the resolution, but not exceeding fifteen	36496
years.	36497

(E) Any person, board, or officer authorized by section	36498
5715.19 of the Revised Code to file complaints with the county	36499
board of revision may file a complaint with the housing officer	36500
challenging the continued exemption of any property granted an	36501
exemption under this section. A complaint against exemption shall	36502
be filed prior to the thirty-first day of December of the tax year	36503
for which taxation of the property is requested. The housing	36504
officer shall determine whether the property continues to meet the	36505
requirements for exemption and shall certify the housing officer's	36506
findings to the complainant. If the housing officer determines	36507
that the property does not meet the requirements for exemption,	36508
the housing officer shall notify the county auditor, who shall	36509
correct the tax list and duplicate accordingly.	36510

Sec. 3735.671.  (A) If construction or remodeling of	36511
commercial or industrial property is to be exempted from taxation	36512
pursuant to section 3735.67 of the Revised Code, the legislative	36513
authority and the owner of the property, prior to the commencement	36514
of construction or remodeling, shall enter into a written	36515
agreement, binding on both parties for a period of time that does	36516
not end prior to the end of the period of the exemption, that	36517
includes all of the information and statements prescribed by this	36518
section. Agreements may include terms not prescribed by this	36519
section, but such terms shall in no way derogate from the	36520
information and statements prescribed by this section.	36521

(1) Except as otherwise provided in division (A)(2) or (3) of	36522
this section, an agreement entered into under this section shall	36523
not be approved by the legislative authority unless the board of	36524
education of the city, local, or exempted village school district	36525
within the territory of which the property is or will be located	36526
approves the agreement. For the purpose of obtaining such	36527
approval, the legislative authority shall certify a copy of the	36528
agreement to the board of education not later than forty-five days	36529
prior to approving the agreement, excluding Saturday, Sunday, and	36530
a legal holiday as defined in section 1.14 of the Revised Code.	36531
The board of education, by resolution adopted by a majority of the	36532
board, shall approve or disapprove the agreement and certify a	36533
copy of the resolution to the legislative authority not later than	36534
fourteen days prior to the date stipulated by the legislative	36535
authority as the date upon which approval of the agreement is to	36536
be formally considered by the legislative authority. The board of	36537
education may include in the resolution conditions under which the	36538
board would approve the agreement. The legislative authority may	36539
approve an agreement at any time after the board of education	36540
certifies its resolution approving the agreement to the	36541
legislative authority, or, if the board approves the agreement	36542
conditionally, at any time after the conditions are agreed to by	36543
the board and the legislative authority.	36544

(2) Approval of an agreement by the board of education is not	36545
required under division (A)(1) of this section if, for each tax	36546
year the real property is exempted from taxation, the sum of the	36547
following quantities, as estimated at or prior to the time the	36548
agreement is formally approved by the legislative authority,	36549
equals or exceeds fifty per cent of the amount of taxes, as	36550
estimated at or prior to that time, that would have been charged	36551
and payable that year upon the real property had that property not	36552
been exempted from taxation:	36553

(a) The amount of taxes charged and payable on any portion of	36554
the assessed valuation of the new structure or remodeling that	36555
will not be exempted from taxation under the agreement;	36556

(b) The amount of taxes charged and payable on tangible	36557
personal property located on the premises of the new structure or	36558
of the structure to be remodeled under the agreement, whether	36559
payable by the owner of the structure or by a related member, as	36560
defined in section 5733.042 of the Revised Code without regard to	36561
division (B) of that section.	36562

(c) The amount of any cash payment by the owner of the new	36563
structure or structure to be remodeled to the school district, the	36564
dollar value, as mutually agreed to be the owner and the board of	36565
education, of any property or services provided by the owner of	36566
the property to the school district, whether by gift, loan, or	36567
otherwise, and any payment by the legislative authority to the	36568
school district pursuant to section 5709.82 of the Revised Code.	36569

The estimates of quantities used for purposes of division	36570
(A)(2) of this section shall be estimated by the legislative	36571
authority. The legislative authority shall certify to the board of	36572
education that the estimates have been made in good faith.	36573
Departures of the actual quantities from the estimates subsequent	36574
to approval of the agreement by the board of education do not	36575
invalidate the agreement.	36576

(3) If a board of education has adopted a resolution waiving	36577
its right to approve agreements and the resolution remains in	36578
effect, approval of an agreement by the board is not required	36579
under this division. If a board of education has adopted a	36580
resolution allowing a legislative authority to deliver the notice	36581
required under this division fewer than forty-five business days	36582
prior to the legislative authority's execution of the agreement,	36583
the legislative authority shall deliver the notice to the board	36584
not later than the number of days prior to such execution as	36585
prescribed by the board in its resolution. If a board of education	36586
adopts a resolution waiving its right to approve agreements or	36587
shortening the notification period, the board shall certify a copy	36588
of the resolution to the legislative authority. If the board of	36589
education rescinds such a resolution, it shall certify notice of	36590
the rescission to the legislative authority.	36591

(B) Each agreement shall include the following information:

36592

(1) The names of all parties to the agreement;

36593

(2) A description of the remodeling or construction, whether	36594
or not to be exempted from taxation, including existing or new	36595
structure size and cost thereof; the value of machinery,	36596
equipment, furniture, and fixtures, including an itemization of	36597
the value of machinery, equipment, furniture, and fixtures used at	36598
another location in this state prior to the agreement and	36599
relocated or to be relocated from that location to the property,	36600
and the value of machinery, equipment, furniture, and fixtures at	36601
the facility prior to the execution of the agreement; the value of	36602
inventory at the property, including an itemization of the value	36603
of inventory held at another location in this state prior to the	36604
agreement and relocated or to be relocated from that location to	36605
the property, and the value of inventory held at the property	36606
prior to the execution of the agreement;	36607

(3) The scheduled starting and completion dates of remodeling	36608
or construction of real property or of investments made in	36609
machinery, equipment, furniture, fixtures, and inventory;	36610

(4) Estimates of the number of employee positions to be	36611
created each year of the agreement and of the number of employee	36612
positions retained by the owner due to the remodeling or	36613
construction, itemized as to the number of full-time, part-time,	36614
permanent, and temporary positions;	36615

(5) Estimates of the dollar amount of payroll attributable to	36616
the positions set forth in division (B)(4) of this section,	36617
similarly itemized;	36618

(6) The number of employee positions, if any, at the property	36619
and at any other location in this state at the time the agreement	36620
is executed, itemized as to the number of full-time, part-time,	36621
permanent, and temporary positions.	36622

(C) Each agreement shall set forth the following information	36623
and incorporate the following statements:	36624

(1) A description of real property to be exempted from	36625
taxation under the agreement, the percentage of the assessed	36626
valuation of the real property exempted from taxation, and the	36627
period for which the exemption is granted, accompanied by the	36628
statement: "The exemption commences the first year for which the	36629
real property would first be taxable were that property not	36630
exempted from taxation. No exemption shall commence after	36631
.......... (insert date) nor extend beyond .......... (insert	36632
date)." The tax commissioner shall adopt rules prescribing the	36633
form the description of such property shall assume in order to	36634
ensure that the property to be exempted from taxation under the	36635
agreement is distinguishable from property that is not to be	36636
exempted under that agreement.	36637

(2) ".......... (insert name of owner) shall pay such real	36638
property taxes as are not exempted under this agreement and are	36639
charged against such property and shall file all tax reports and	36640
returns as required by law. If .......... (insert name of owner)	36641
fails to pay such taxes or file such returns and reports,	36642
exemptions from taxation granted under this agreement are	36643
rescinded beginning with the year for which such taxes are charged	36644
or such reports or returns are required to be filed and	36645
thereafter."	36646

(3) ".......... (insert name of owner) hereby certifies that	36647
at the time this agreement is executed, .......... (insert name of	36648
owner) does not owe any delinquent real or tangible personal	36649
property taxes to any taxing authority of the State of Ohio, and	36650
does not owe delinquent taxes for which .......... (insert name of	36651
owner) is liable under Chapter 5733., 5735., 5739., 5741., 5743.,	36652
5747., or 5753. of the Ohio Revised Code, or, if such delinquent	36653
taxes are owed, .......... (insert name of owner) currently is	36654
paying the delinquent taxes pursuant to an undertaking enforceable	36655
by the State of Ohio or an agent or instrumentality thereof, has	36656
filed a petition in bankruptcy under 11 U.S.C.A. 101, et seq., or	36657
such a petition has been filed against .......... (insert name of	36658
owner). For the purposes of this certification, delinquent taxes	36659
are taxes that remain unpaid on the latest day prescribed for	36660
payment without penalty under the chapter of the Revised Code	36661
governing payment of those taxes."	36662

(4) ".......... (insert name of municipal corporation or	36663
county) shall perform such acts as are reasonably necessary or	36664
appropriate to effect, claim, reserve, and maintain exemptions	36665
from taxation granted under this agreement including, without	36666
limitation, joining in the execution of all documentation and	36667
providing any necessary certificates required in connection with	36668
such exemptions."	36669

(5) "If for any reason .......... (insert name of municipal	36670
corporation or county) revokes the designation of the area,	36671
entitlements granted under this agreement shall continue for the	36672
number of years specified under this agreement, unless ..........	36673
(insert name of owner) materially fails to fulfill its obligations	36674
under this agreement and ................... (insert name of	36675
municipal corporation or county) terminates or modifies the	36676
exemptions from taxation pursuant to this agreement."	36677

(6) "If .......... (insert name of owner) materially fails to	36678
fulfill its obligations under this agreement, or if ..........	36679
(insert name of municipal corporation or county) determines that	36680
the certification as to delinquent taxes required by this	36681
agreement is fraudulent, .......... (insert name of municipal	36682
corporation or county) may terminate or modify the exemptions from	36683
taxation granted under this agreement."	36684

(7) ".......... (insert name of owner) shall provide to the	36685
proper tax incentive review council any information reasonably	36686
required by the council to evaluate the applicant's compliance	36687
with the agreement, including returns filed pursuant to section	36688
5711.02 of the Ohio Revised Code if requested by the council."	36689

(8) "This agreement is not transferable or assignable without	36690
the express, written approval of .......... (insert name of	36691
municipal corporation or county)."	36692

(9) "Exemptions from taxation granted under this agreement	36693
shall be revoked if it is determined that ........... (insert name	36694
of owner), any successor to that person, or any related member (as	36695
those terms are defined in division (E) of section 3735.671 of the	36696
Ohio Revised Code) has violated the prohibition against entering	36697
into this agreement under division (E) of section 3735.671 or	36698
section 5709.62 or 5709.63 of the Ohio Revised Code prior to the	36699
time prescribed by that division or either of those sections."	36700

(10) ".......... (insert name of owner) and ...........	36701
(insert name of municipal corporation or county) acknowledge that	36702
this agreement must be approved by formal action of the	36703
legislative authority of .......... (insert name of municipal	36704
corporation or county) as a condition for the agreement to take	36705
effect. This agreement takes effect upon such approval."	36706

The statement described in division (C)(6) of this section	36707
may include the following statement, appended at the end of the	36708
statement: ", and may require the repayment of the amount of taxes	36709
that would have been payable had the property not been exempted	36710
from taxation under this agreement."	36711

(D) Except as otherwise provided in this division, an	36712
agreement entered into under this section shall require that the	36713
owner pay an annual fee equal to the greater of one per cent of	36714
the amount of taxes exempted under the agreement or five hundred	36715
dollars; provided, however, that if the value of the incentives	36716
exceeds two hundred fifty thousand dollars, the fee shall not	36717
exceed two thousand five hundred dollars. The fee shall be payable	36718
to the legislative authority once per year for each year the	36719
agreement is effective on the days and in the form specified in	36720
the agreement. Fees paid shall be deposited in a special fund	36721
created for such purpose by the legislative authority and shall be	36722
used by the legislative authority exclusively for the purpose of	36723
complying with section 3735.672 of the Revised Code and by the tax	36724
incentive review council created under section 5709.85 of the	36725
Revised Code exclusively for the purposes of performing the duties	36726
prescribed under that section. The legislative authority may waive	36727
or reduce the amount of the fee, but such waiver or reduction does	36728
not affect the obligations of the legislative authority or the tax	36729
incentive review council to comply with section 3735.672 or	36730
5709.85 of the Revised Code.	36731

(E) If any person that is party to an agreement granting an	36732
exemption from taxation discontinues operations at the structure	36733
to which that exemption applies prior to the expiration of the	36734
term of the agreement, that person, any successor to that person,	36735
and any related member shall not enter into an agreement under	36736
this section or section 5709.62, 5709.63, or 5709.632 of the	36737
Revised Code, and no legislative authority shall enter into such	36738
an agreement with such a person, successor, or related member,	36739
prior to the expiration of five years after the discontinuation of	36740
operations. As used in this division, "successor" means a person	36741
to which the assets or equity of another person has been	36742
transferred, which transfer resulted in the full or partial	36743
nonrecognition of gain or loss, or resulted in a carryover basis,	36744
both as determined by rule adopted by the tax commissioner.	36745
"Related member" has the same meaning as defined in section	36746
5733.042 of the Revised Code without regard to division (B) of	36747
that section.	36748

The director of development shall review all agreements	36749
submitted to the director under division (F) of this section for	36750
the purpose of enforcing this division. If the director determines	36751
there has been a violation of this division, the director shall	36752
notify the legislative authority of such violation, and the	36753
legislative authority immediately shall revoke the exemption	36754
granted under the agreement.	36755

(F) When an agreement is entered into under this section, the	36756
legislative authority authorizing the agreement shall forward a	36757
copy of the agreement to the director of development and to the	36758
tax commissioner within fifteen days after the agreement is	36759
entered into.	36760

Sec. 3737.01.  As used in this chapter:

36761

(A) "Assistant fire marshal" means any person who is employed	36762
by the fire marshal and who carries out specific duties assigned	36763
by the fire marshal, including, but not limited to, enforcement of	36764
Chapters 3731., 3737., and 3743. of the Revised Code, fire	36765
inspection, fire code enforcement, fire investigation, and fire	36766
prevention, or the regulation of underground storage tank systems	36767
as defined in section 3737.87 of the Revised Code.	36768

(B) "Consumer goods" means any item sold, leased, or rented	36769
primarily for personal or household use.	36770

(C) "Fire agency" means any state or local fire service or	36771
agency whose function is to examine the property of another person	36772
for the purpose of identifying fire safety hazards.	36773

(D) "Fire safety inspector" means any person who is a member	36774
of the civil service, as defined in section 124.01 of the Revised	36775
Code, or who is employed by or voluntarily serves a village or	36776
township, and who examines the property of another person for the	36777
purpose of identifying fire safety hazards.	36778

(E) "Person," in addition to the meaning in section 1.59 of	36779
the Revised Code, means the state and any political subdivision of	36780
the state, and any other entity, public or private.	36781

(F) "Responsible person" means the person responsible for	36782
compliance with the state fire code, including, but not limited	36783
to, the owner, lessee, agent, operator, or occupant of a building,	36784
premises, or vehicle.	36785

Sec. 3737.02.  (A) The fire marshal may collect fees to cover	36786
the costs of performing inspections and other duties that the fire	36787
marshal is authorized or required by law to perform. Except as	36788
provided in division (B) of this section, all fees collected by	36789
the fire marshal shall be deposited to the credit of the fire	36790
marshal's fund.	36791

(B) Fees collected under sections 3737.88 and 3737.881 of the	36792
Revised Code for operation of the underground storage tank and	36793
underground storage tank installer certification programs, moneys	36794
recovered under section 3737.89 of the Revised Code for the	36795
state's costs of undertaking corrective or enforcement actions	36796
under that section or section 3737.882 of the Revised Code, and	36797
fines and penalties collected under section 3737.882 of the	36798
Revised Code shall be credited to the underground storage tank	36799
administration fund, which is hereby created in the state	36800
treasury. All interest earned on moneys credited to the	36801
underground storage tank administration fund shall be credited to	36802
the fund. Moneys credited to the underground storage tank	36803
administration fund shall be used by the fire marshal	36804
superintendent of industrial compliance for implementation and	36805
enforcement of underground storage tank, corrective action, and	36806
installer certification programs under sections 3737.88 to 3737.89	36807
of the Revised Code.	36808

(C) The fire marshalsuperintendent shall take all actions	36809
necessary to obtain any federal funding available to carry out the	36810
fire marshal'ssuperintendent's responsibilities under sections	36811
3737.88 to 3737.89 of the Revised Code and federal laws regarding	36812
the cleaning up of releases of petroleum, as "release" is defined	36813
in section 3737.87 of the Revised Code, including, without	36814
limitation, any federal funds that are available to reimburse the	36815
state for the costs of undertaking corrective actions for such	36816
releases of petroleum. The state may, when appropriate, return to	36817
the United States any federal funds recovered under sections	36818
3737.882 and 3737.89 of the Revised Code.	36819

Sec. 3737.03.  The state fire commission may do all of the	36820
following:	36821

(A) Conduct research, make and publish reports on fire	36822
safety, and recommend to the governor, the general assembly, the	36823
board of building and fire standards, and other state agencies,	36824
any needed changes in the laws, rules, or administrative policies	36825
relating to fire safety;	36826

(B) Recommend revisions in the rules included in the state	36827
fire code adopted by the fire marshal. The recommendations may	36828
propose the adoption of new rules or the amendment or repeal of	36829
existing rules. The commission shall file its recommendations in	36830
the office of the fire marshal, and, within sixty days after the	36831
recommendations are filed, the fire marshal shall file with the	36832
chairperson of the commission the fire marshal's comments on, and	36833
proposed action in response to, the recommendations.	36834

(C) Maintain the Ohio fire service hall of fame. In	36835
maintaining the hall of fame, the commission shall keep official	36836
commendations that recognize and commemorate exemplary	36837
accomplishments and acts of heroism by firefighters and other	36838
persons at fire-related incidents or similar events occurring in	36839
the state. The commission may adopt criteria and guidelines for	36840
selecting individuals for that recognition and commemoration. The	36841
recognition and commemoration of individuals may occur annually	36842
and include an annual awards ceremony. The expenses associated	36843
with the recognition and commemoration of individuals shall be	36844
paid in accordance with division (F) of section 3737.81 of the	36845
Revised Code.	36846

Sec. 3737.21.  (A) The director of the department of commerce	36847
public safety shall appoint, from names submitted to the director	36848
by the state fire commission, a fire marshal, who shall serve at	36849
the pleasure of the director and shall possess the following	36850
qualifications:	36851

(1) A degree from an accredited college or university with	36852
specialized study in either the field of fire protection or fire	36853
protection engineering, or the equivalent qualifications	36854
determined from training, experience, and duties in a fire	36855
service;	36856

(2) Five years of recent, progressively more responsible	36857
experience in fire inspection, fire code enforcement, fire	36858
investigation, fire protection engineering, teaching of fire	36859
safety engineering, or fire fighting.	36860

(B) When a vacancy occurs in the position of fire marshal,	36861
the director shall notify the state fire commission. The	36862
commission shall communicate the fact of the vacancy by regular	36863
mail to all fire chiefs and fire protection engineers known to the	36864
commission, or whose identity may be ascertained by the commission	36865
by the exercise of due diligence. The commission, no earlier than	36866
thirty days after mailing the notification, shall compile a list	36867
of all applicants for the position of fire marshal who are	36868
qualified under this section. The commission shall submit the	36869
names of at least three persons on the list to the director. The	36870
director shall appoint the fire marshal from the list of at least	36871
three names or may request the commission to submit additional	36872
names.	36873

Sec. 3737.22.  (A) The fire marshal shall do all of the	36874
following:	36875

(1) Adopt the state fire code under sections 3737.82 to	36876
3737.86 of the Revised Coderules necessary to carry out the duty	36877
imposed by division (A)(2) of this section;	36878

(2) Enforce the state fire code;

36879

(3) Appoint assistant fire marshals who are authorized to	36880
enforce the state fire code;	36881

(4) Conduct investigations into the cause, origin, and	36882
circumstances of fires and explosions, and assist in the	36883
prosecution of persons believed to be guilty of arson or a similar	36884
crime;	36885

(5) Compile statistics concerning loss due to fire and	36886
explosion as the fire marshal considers necessary, and consider	36887
the compatibility of the fire marshal's system of compilation with	36888
the systems of other state and federal agencies and fire marshals	36889
of other states;	36890

(6) Engage in research on the cause and prevention of losses	36891
due to fire and explosion;	36892

(7) Engage in public education and informational activities	36893
which will inform the public of fire safety information;	36894

(8) Operate a fire training academy and forensic laboratory;

36895

(9) Conduct other fire safety and fire fighting training	36896
activities for the public and groups as will further the cause of	36897
fire safety;	36898

(10) Conduct licensing examinations, and issue permits,	36899
licenses, and certificates, as authorized by the Revised Code;	36900

(11) Conduct tests of fire protection systems and devices,	36901
and fire fighting equipment to determine compliance with the state	36902
fire code, unless a building is insured against the hazard of	36903
fire, in which case such tests may be performed by the company	36904
insuring the building;	36905

(12) Establish and collect fees for conducting licensing	36906
examinations and for issuing permits, licenses, and certificates;	36907

(13) Make available for the prosecuting attorney and an	36908
assistant prosecuting attorney from each county of this state, in	36909
accordance with section 3737.331 of the Revised Code, a seminar	36910
program, attendance at which is optional, that is designed to	36911
provide current information, data, training, and techniques	36912
relative to the prosecution of arson cases;	36913

(14) Administer and enforce Chapter 3743. of the Revised	36914
Code;	36915

(15) Develop a uniform standard for the reporting of	36916
information required to be filed under division (E)(4) of section	36917
2921.22 of the Revised Code, and accept the reports of the	36918
information when they are filed.	36919

(B) The fire marshal shall appoint a chief deputy fire	36920
marshal, and shall employ professional and clerical assistants as	36921
the fire marshal considers necessary. The chief deputy shall be a	36922
competent former or current member of a fire agency and possess	36923
five years of recent, progressively more responsible experience in	36924
fire inspection, fire code enforcement, and fire code management.	36925
The chief deputy, with the approval of the director of commerce	36926
public safety, shall temporarily assume the duties of the fire	36927
marshal when the fire marshal is absent or temporarily unable to	36928
carry out the duties of the office. When there is a vacancy in the	36929
office of fire marshal, the chief deputy, with the approval of the	36930
director of commercepublic safety, shall temporarily assume the	36931
duties of the fire marshal until a new fire marshal is appointed	36932
under section 3737.21 of the Revised Code.	36933

All employees, other than the fire marshal; the chief deputy	36934
fire marshal; the superintendent of the Ohio fire academy; the	36935
grants administrator; the fiscal officer; the executive secretary	36936
to the fire marshal; legal counsel; the pyrotechnics	36937
administrator, the chief of the forensic laboratory; the person	36938
appointed by the fire marshal to serve as administrator over	36939
functions concerning testing, license examinations, and the	36940
issuance of permits and certificates; and the chiefs of the	36941
bureaus of fire prevention, of fire and explosion investigation,	36942
and of code enforcement, and of underground storage tanks shall be	36943
in the classified civil service. The fire marshal shall authorize	36944
the chief deputy and other employees under the fire marshal's	36945
supervision to exercise powers granted to the fire marshal by law	36946
as may be necessary to carry out the duties of the fire marshal's	36947
office.	36948

(C) The fire marshal shall create, in and as a part of the	36949
office of fire marshal, a fire and explosion investigation bureau	36950
consisting of a chief of the bureau and additional assistant fire	36951
marshals as the fire marshal determines necessary for the	36952
efficient administration of the bureau. The chief shall be	36953
experienced in the investigation of the cause, origin, and	36954
circumstances of fires, and in administration, including the	36955
supervision of subordinates. The chief, among other duties	36956
delegated to the chief by the fire marshal, shall be responsible,	36957
under the direction of the fire marshal, for the investigation of	36958
the cause, origin, and circumstances of fires and explosions in	36959
the state, and for assistance in the prosecution of persons	36960
believed to be guilty of arson or a similar crime.	36961

(D)(1) The fire marshal shall create, as part of the office	36962
of fire marshal, a bureau of code enforcement consisting of a	36963
chief of the bureau and additional assistant fire marshals as the	36964
fire marshal determines necessary for the efficient administration	36965
of the bureau. The chief shall be qualified, by education or	36966
experience, in fire inspection, fire code development, fire code	36967
enforcement, or any other similar field determined by the fire	36968
marshal, and in administration, including the supervision of	36969
subordinates. The chief is responsible, under the direction of the	36970
fire marshal, for fire inspection, fire code development, fire	36971
code enforcement, and any other duties delegated to the chief by	36972
the fire marshal.	36973

(2) The fire marshal, the chief deputy fire marshal, the	36974
chief of the bureau of code enforcement, or any assistant fire	36975
marshal under the direction of the fire marshal, the chief deputy	36976
fire marshal, or the chief of the bureau of code enforcement may	36977
cause to be conducted the inspection of all buildings, structures,	36978
and other places, the condition of which may be dangerous from a	36979
fire safety standpoint to life or property, or to property	36980
adjacent to the buildings, structures, or other places.	36981

(E) The fire marshal shall create, as a part of the office of	36982
fire marshal, a bureau of fire prevention consisting of a chief of	36983
the bureau and additional assistant fire marshals as the fire	36984
marshal determines necessary for the efficient administration of	36985
the bureau. The chief shall be qualified, by education or	36986
experience, to promote programs for rural and urban fire	36987
prevention and protection. The chief, among other duties delegated	36988
to the chief by the fire marshal, is responsible, under the	36989
direction of the fire marshal, for the promotion of rural and	36990
urban fire prevention and protection through public information	36991
and education programs.	36992

(F) The fire marshal shall cooperate with the director of job	36993
and family services when the director adopts rules under section	36994
5104.052 of the Revised Code regarding fire prevention and fire	36995
safety in certified type B family day-care homes, as defined in	36996
section 5104.01 of the Revised Code, recommend procedures for	36997
inspecting type B homes to determine whether they are in	36998
compliance with those rules, and provide training and technical	36999
assistance to the director and county directors of job and family	37000
services on the procedures for determining compliance with those	37001
rules.	37002

(G) The fire marshal, upon request of a provider of child	37003
day-care in a type B home that is not certified by the county	37004
director of job and family services, as a precondition of approval	37005
by the state board of education under section 3313.813 of the	37006
Revised Code for receipt of United States department of	37007
agriculture child and adult care food program funds established	37008
under the "National School Lunch Act," 60 Stat. 230 (1946), 42	37009
U.S.C. 1751, as amended, shall inspect the type B home to	37010
determine compliance with rules adopted under section 5104.052 of	37011
the Revised Code regarding fire prevention and fire safety in	37012
certified type B homes. In municipal corporations and in townships	37013
where there is a certified fire safety inspector, the inspections	37014
shall be made by that inspector under the supervision of the fire	37015
marshal, according to rules adopted under section 5104.052 of the	37016
Revised Code. In townships outside municipal corporations where	37017
there is no certified fire safety inspector, inspections shall be	37018
made by the fire marshal.	37019

(H) The fire marshal may grant a variance to any provision of	37020
the state fire code upon written application by an affected party	37021
and upon demonstration by that party of both of the following:	37022

(1) That a literal enforcement of the provision will result	37023
in an unnecessary hardship to the party;	37024

(2) Either that the variance will not threaten the public	37025
health, safety, or welfare or that the party will provide measures	37026
to protect the public health, safety, and welfare that are	37027
substantially equivalent to the measures otherwise required under	37028
the state fire code.	37029

Sec. 3737.65.  (A) No person shall sell, offer for sale, or	37030
use any fire protection or fire fighting equipment that does not	37031
meet the minimum standards established by the fire marshal in the	37032
state fire code.	37033

(B) Except for public and private mobile fire trucks, no	37034
person shall service, test, repair, or install for profit any fire	37035
protection or fire fighting equipment without a certificate or a	37036
provisional certificate issued by the fire marshal.	37037

(C) The fire marshal shall not issue a provisional	37038
certificate pursuant to division (B) of this section to any	37039
individual who is not enrolled in a bona fide apprenticeship	37040
training program registered with the apprenticeship council	37041
pursuant to section 4139.05 of the Revised Code or with the bureau	37042
of apprenticeship and training of the United States department of	37043
labor. A provisional certificate issued pursuant to this section	37044
authorizes an individual to engage in the activities permitted	37045
under division (B) of this section only if the individual:	37046

(1) Remains enrolled in such an apprenticeship training	37047
program; and	37048

(2) Is directly supervised by an individual who possesses a	37049
valid and current certificate issued pursuant to division (B) of	37050
this section for the activities in which the individual issued the	37051
provisional certificate is engaged and the certified individual	37052
directly supervising the individual issued the provisional	37053
certificate only supervises one provisional certificate holder.	37054

Sec. 3737.71.  Each insurance company doing business in this	37055
state shall pay to the state in installments, at the time of	37056
making the payments required by section 5729.05 of the Revised	37057
Code, in addition to the taxes required to be paid by it,	37058
three-fourths of one per cent on the gross premium receipts	37059
derived from fire insurance and that portion of the premium	37060
reasonably allocable to insurance against the hazard of fire	37061
included in other coverages except life and sickness and accident	37062
insurance, after deducting return premiums paid and considerations	37063
received for reinsurances as shown by the annual statement of such	37064
company made pursuant to sections 3929.30, 3931.06, and 5729.02 of	37065
the Revised Code. The money received shall be paid into the state	37066
treasury to the credit of the state fire marshal's fund, which is	37067
hereby created. The fund shall be used for the maintenance and	37068
administration of the office of the fire marshal and the Ohio fire	37069
academy established by section 3737.33 of the Revised Code. If the	37070
director of commercepublic safety certifies to the director of	37071
budget and management that the cash balance in the state fire	37072
marshal's fund is in excess of the amount needed to pay ongoing	37073
operating expenses, the director may use the excess amount to	37074
acquire by purchase, lease, or otherwise, real property or	37075
interests in real property to be used for the benefit of the	37076
office of the state fire marshal, or to construct, acquire,	37077
enlarge, equip, furnish, or improve the fire marshal's office	37078
facilities or the facilities of the Ohio fire academy. The state	37079
fire marshal's fund shall be assessed a proportionate share of the	37080
administrative costs of the department of commercepublic safety	37081
in accordance with procedures prescribed by the director of	37082
commercepublic safety and approved by the director of budget and	37083
management. Such assessment shall be paid from the state fire	37084
marshal's fund to the division of administration fundcredit of	37085
the highway safety fund created by section 4501.06 of the Revised	37086
Code and shall be subject to appropriation solely for the expense	37087
of operation and maintenance of the department of public safety.	37088

Sec. 3737.81.  (A) There is hereby created within the	37089
department of public safety the state fire commission consisting	37090
of ten members to be appointed by the governor with the advice and	37091
consent of the senate. The fire marshal or chief deputy fire	37092
marshal, a representative designated by the department of public	37093
safety who has tenure in fire suppression, and a representative	37094
designated by the board of building standards shall be ex officio	37095
members. Of the initial appointments made to the commission, two	37096
shall be for a term ending one year after November 1, 1978, two	37097
shall be for a term ending two years after that date, two shall be	37098
for a term ending three years after that date, two shall be for a	37099
term ending four years after that date, and two shall be for a	37100
term ending five years after that date. Thereafter, terms of	37101
office shall be for five years, each term ending on the same day	37102
of the same month of the year as did the term which it succeeds.	37103
Each member shall hold office from the date of appointment until	37104
the end of the term for which the member was appointed. Any member	37105
appointed to fill a vacancy occurring prior to the expiration of	37106
the term for which the member's predecessor was appointed shall	37107
hold office for the remainder of that term. Any member shall	37108
continue in office subsequent to the expiration date of the	37109
member's term until a successor takes office, or until a period of	37110
sixty days has elapsed, whichever occurs first. Members shall be	37111
qualified by experience and training to deal with the matters that	37112
are the responsibility of the commission. Two members shall be	37113
members of paid fire services, one shall be a member of volunteer	37114
fire services, two shall be mayors, managers, or members of	37115
legislative authorities of municipal corporations, one shall	37116
represent commerce and industry, one shall be a representative of	37117
a fire insurance company domiciled in this state, one shall	37118
represent the flammable liquids industry, one shall represent the	37119
construction industry, and one shall represent the public. At no	37120
time shall more than six members be members of or associated with	37121
the same political party. Membership on the commission shall not	37122
constitute holding a public office, and no person shall forfeit or	37123
otherwise vacate the person's office or position of employment	37124
because of membership on the commission.	37125

(B) The ex officio members may not vote, except that the fire	37126
marshal or chief deputy fire marshal may vote in case of a tie.	37127

(C) Each member of the commission, other than ex officio	37128
members, shall be paid an amount equal to that payable under pay	37129
range 32 (S)(D) fixed pursuant to division (J) of section 124.15	37130
of the Revised Code, and the member's actual and necessary	37131
expenses.	37132

(D) The commission shall select a chairperson and a	37133
vice-chairperson from among its members. No business may be	37134
transacted in the absence of a quorum. A quorum shall be at least	37135
six members, excluding ex officio members, and shall include	37136
either the chairperson or vice-chairperson. The commission shall	37137
hold regular meetings at least once every two months and may meet	37138
at any other time at the call of the chairperson.	37139

(E) The fire marshal shall provide the commission with office	37140
space, meeting rooms, staff, and clerical assistance necessary for	37141
the commission to perform its duties. If the commission maintains	37142
the Ohio fire service hall of fame under division (C)(B) of	37143
section 3737.03 of the Revised Code, the fire marshal shall	37144
preserve, in an appropriate manner, in the office space or meeting	37145
rooms provided to the commission under this division or in another	37146
location, copies of all official commendations awarded to	37147
individuals recognized and commemorated for their exemplary	37148
accomplishments and acts of heroism at fire-related incidents or	37149
similar events that occurred in this state.	37150

(F) If the commission maintains the Ohio fire service hall of	37151
fame under division (C)(B) of section 3737.03 of the Revised Code,	37152
the expenses incurred for the recognition and commemoration of	37153
individuals for their exemplary accomplishments and acts of	37154
heroism at fire-related incidents or similar events that occurred	37155
in this state, including, but not limited to, expenses for	37156
official commendations and an annual awards ceremony as described	37157
in division (C)(B) of section 3737.03 of the Revised Code, may be	37158
paid from moneys appropriated by the general assembly for purposes	37159
of that recognition and commemoration, from moneys that are	37160
available to the fire marshal under this chapter, or from other	37161
funding sources available to the commission.	37162

Sec. 3737.82.  The fire marshalboard of building and fire	37163
standards shall adopt a state fire code which shall consist of	37164
rules relating to all aspects of fire safety. The rules shall be	37165
the minimum standards for safeguarding life and property from fire	37166
and explosion, and the fire marshalboard may, in adopting these	37167
rules, incorporate by reference existing published standards as	37168
well as amendments thereto subsequently published by the same	37169
authority. The fire code shall include, but not be limited to,	37170
rules relating to the movable contents of any building, or class	37171
of buildings, the transportation, storage, location, and use of	37172
flammable or explosive materials, the procedures to be employed by	37173
persons in the event of fire, the installation and location of	37174
fire protection equipment, and other similar matters. The fire	37175
code may contain rules applicable to particular classes of	37176
existing buildings or structures as the use and occupancy of such	37177
buildings or structures suggest are necessary. The fire marshal	37178
board may amend, modify, or repeal any rule of the state fire	37179
code.	37180

Sec. 3737.83.  The fire marshalboard of building and fire	37181
standards shall, as part of the state fire code, adopt rules to:	37182

(A) Establish minimum standards of performance for fire	37183
protection equipment and fire fighting equipment;	37184

(B) Establish minimum standards of training, fix minimum	37185
qualifications, and require certificates for all persons who	37186
engage in the business for profit of installing, testing,	37187
repairing, or maintaining fire protection equipment;	37188

(C) Provide for the issuance of certificates required under	37189
division (B) of this section and establish the fees to be charged	37190
for such certificates. A certificate shall be granted, renewed, or	37191
revoked according to rules the fire marshalboard shall adopt.	37192

(D) Establish minimum standards of flammability for consumer	37193
goods in any case where the federal government or any department	37194
or agency thereof has established, or may from time to time	37195
establish standards of flammability for consumer goods. The	37196
standards established by the fire marshalboard shall be identical	37197
to the minimum federal standards.	37198

In any case where the federal government or any department or	37199
agency thereof, establishes standards of flammability for consumer	37200
goods subsequent to the adoption of a flammability standard by the	37201
fire marshalboard, standards previously adopted by the fire	37202
marshalboard shall not continue in effect to the extent such	37203
standards are not identical to the minimum federal standards.	37204

With respect to the adoption of minimum standards of	37205
flammability, this division shall supersede any authority granted	37206
a political subdivision by any other section of the Revised Code.	37207

(E) Establish minimum standards pursuant to section 5104.05	37208
of the Revised Code for fire prevention and fire safety in child	37209
day-care centers and in type A family day-care homes, as defined	37210
in section 5104.01 of the Revised Code.	37211

(F) Establish minimum standards for fire prevention and	37212
safety an adult group home seeking licensure as an adult care	37213
facility must meet under section 3722.02 of the Revised Code. The	37214
fire marshalboard shall adopt the rules under this division in	37215
consultation with the directors of health and aging and interested	37216
parties designated by the directors of health and aging.	37217

Sec. 3737.84.  (A) The state fire code adopted pursuant to	37218
sections 3737.82 and 3737.83 of the Revised Code shall not contain	37219
any provision as follows:	37220

(1) Relating to the organization or structure of a municipal	37221
or township fire department;	37222

(2) Relating to structural building requirements covered by	37223
the Ohio building code;	37224

(3) That would cause an employer, in complying with it, to be	37225
in violation of the "Occupational Safety and Health Act of 1970,"	37226
84 Stat. 1590, 29 U.S.C.A. 651, or the "Consumer Product Safety	37227
Act of 1972," 86 Stat. 1207, 15 U.S.C.A. 2051;	37228

(4) Regulating manufacturers or manufacturing facilities with	37229
respect to occupational hazards where they are subject to	37230
regulation by the federal occupational safety and health	37231
administration;	37232

(5) That is inconsistent with, or in conflict with,	37233
regulations of the federal occupational safety and health	37234
administration or the hazardous materials regulations of the	37235
hazardous materials regulations board of the federal highway	37236
administration, United States department of transportation, or the	37237
public utilities commission;	37238

(6) That establishes a minimum standard of flammability for	37239
consumer goods in any area where the "Flammable Fabrics Act," 81	37240
Stat. 568 (1967), 15 U.S.C. 1191 authorizes the federal government	37241
or any department or agency of the federal government to establish	37242
national standards of flammability for consumer goods;	37243

(7) That establishes a health or safety standard for the use	37244
of explosives in mining, for which the federal government through	37245
its authorized agency sets health or safety standards pursuant to	37246
section 6 of the "Federal Metal and Nonmetallic Mine Safety Act of	37247
1966," 80 Stat. 772, 30 U.S.C. 725, or section 101 of the "Federal	37248
Coal Mine Health and Safety Act of 1969," 83 Stat. 745, 30	37249
U.S.C.A. 811;	37250

(8) That is inconsistent with, or in conflict with, section	37251
3737.73 or Chapter 3743. of the Revised Code, or the rules adopted	37252
pursuant to that chapter;	37253

(9)(a) Restricting the dispensing of diesel fuel at a	37254
terminal or bulk plant into a motor vehicle that is transporting	37255
petroleum products or equipment essential to the operation of the	37256
terminal or bulk plant, provided that the motor vehicle is owned	37257
or leased by or operated under a contract with a person who has	37258
been issued a motor fuel dealer's license under section 5735.02 of	37259
the Revised Code;	37260

(b) Authorizing the dispensing of any petroleum products at a	37261
terminal or bulk plant from an above groundaboveground storage	37262
tank at the terminal or bulk plant to a motor vehicle other than a	37263
motor vehicle that is described in division (A)(9)(a) of this	37264
section or to a member of the general public.	37265

As used in this section, "terminal or bulk plant" means that	37266
portion of a property where petroleum products are received by	37267
tank vessels, pipelines, tank cars, or tank vehicles and are	37268
stored or blended in bulk for the purpose of distributing the	37269
petroleum products via tank vessel, pipeline, tank car, tank	37270
vehicle, portable tank, or container.	37271

(B) No penalty shall be imposed by the fire marshal or the	37272
board of building and fire standards on any person for a violation	37273
of the state fire code if a penalty has been imposed or an order	37274
issued by the federal government for a violation of a similar	37275
provision contained in or adopted pursuant to the federal acts	37276
referred to in this section, where the facts that constitute the	37277
violation of the state fire code are the same as those that	37278
constitute the violation or alleged violation of the federal act.	37279

Sec. 3737.85.  The fire marshalboard of building and fire	37280
standards shall, as part of the state fire code, adopt rules for	37281
giving notice to or serving a citation or order upon a responsible	37282
person, to assure that:	37283

(A) The owner of a building or premises receives notice	37284
before any action is taken with respect to that building or	37285
premises;	37286

(B) The person responsible by law for a violation of the	37287
state fire code receives notice of such violation;	37288

(C) The person responsible by law for any violation is given	37289
notice of and the opportunity for a hearing as provided in this	37290
chapter.	37291

Sec. 3737.86.  (A) As used in this section, "rule" includes	37292
the adoption, amendment, or repeal of any rule by the fire marshal	37293
under sections 3737.82 to, 3737.83, and 3737.86 of the Revised	37294
Code, regardless of whether or not the rule is included in the	37295
state fire code.	37296

(B) The fire marshalboard of building and fire standards	37297
shall adopt rules in accordance with Chapter 119. of the Revised	37298
Code. In adopting rules, the fire marshalboard shall consider and	37299
make appropriate findings with respect to the degree and nature of	37300
the risk of injury that the rule is designed to prevent or reduce,	37301
the approximate number of products or types or classes of products	37302
subject to the rule, the public need for the products involved,	37303
the probable effect of the rule on the utility, cost, or	37304
availability of such product, and any means of achieving the	37305
objective of the rule that will minimize adverse effects on	37306
competition or disruption or dislocation of manufacturing and	37307
other commercial practices. The minimum standards embodied in the	37308
rules shall be published in such a manner as to assure that all	37309
interested parties have a reasonable opportunity to be informed of	37310
the standards so established.	37311

(C) The fire marshal shall file a copy of the full text of	37312
any proposed rule with the chairman of the state fire commission.	37313
The fire marshal shall not adopt the proposed rule until the	37314
commission has filed in the office of the fire marshal	37315
recommendations for revisions in the proposed rule or until a	37316
period of sixty days has elapsed since the proposed rule was filed	37317
with the chairman of the commission, whichever occurs first. The	37318
fire marshal shall consider any recommendations made by the	37319
commission before adopting the proposed rule, but may accept,	37320
reject, or modify the recommendations.	37321

Sec. 3737.88.  (A)(1) The fire marshalsuperintendent of	37322
industrial compliance shall have responsibility for implementation	37323
of the underground storage tank program and corrective action	37324
program for releases from underground petroleum storage tanks	37325
established by the "Resource Conservation and Recovery Act of	37326
1976," 90 Stat. 2795, 42 U.S.C.A. 6901, as amended. To implement	37327
the program, the fire marshalsuperintendent may adopt, amend, and	37328
rescind such rules, conduct such inspections, require annual	37329
registration of underground storage tanks, issue such citations	37330
and orders to enforce those rules, and perform such other duties,	37331
as are consistent with those programs. The fire marshal	37332
superintendent, by rule, may delegate the authority to conduct	37333
inspections of underground storage tanks to certified fire safety	37334
inspectors.	37335

(2) In the place of any rules regarding release containment	37336
and release detection for underground storage tanks adopted under	37337
division (A)(1) of this section, the fire marshalsuperintendent,	37338
by rule, shall designate areas as being sensitive for the	37339
protection of human health and the environment and adopt	37340
alternative rules regarding release containment and release	37341
detection methods for new and upgraded underground storage tank	37342
systems located in those areas. In designating such areas, the	37343
fire marshalsuperintendent shall take into consideration such	37344
factors as soil conditions, hydrogeology, water use, and the	37345
location of public and private water supplies. Not later than July	37346
11, 1990, the fire marshalsuperintendent shall file the rules	37347
required under this division with the secretary of state, director	37348
of the legislative service commission, and joint committee on	37349
agency rule review in accordance with divisions (B) and (H) of	37350
section 119.03 of the Revised Code.	37351

(B) Before adopting any rule under this section or section	37352
3737.881 or 3737.882 of the Revised Code, the fire marshal	37353
superintendent shall file written notice of histhe proposed rule	37354
with the chairmanchairperson of the state fire commissionboard	37355
of building and fire standards, and, within sixty days after	37356
notice is filed, the commissionboard may file responses to or	37357
comments on and may recommend alternative or supplementary rules	37358
to the fire marshalsuperintendent. At the end of the sixty-day	37359
period or upon the filing of responses, comments, or	37360
recommendations by the commissionboard, the fire marshal	37361
superintendent may adopt the rule filed with the commissionboard	37362
or any alternative or supplementary rule recommended by the	37363
commissionboard.	37364

(C) The fire commissionboard may recommend courses of action	37365
to be taken by the fire marshalsuperintendent in carrying out his	37366
the superintendent's duties under this section. The commission	37367
board shall file its recommendations in the office of the fire	37368
marshalsuperintendent, and, within sixty days after the	37369
recommendations are filed, the fire marshalsuperintendent shall	37370
file with the chairmanchairperson of the commission hisboard the	37371
superintendent's comments on, and proposed action in response to,	37372
the recommendations.	37373

(D) For the purpose of sections 3737.87 to 3737.89 of the	37374
Revised Code, the fire marshalsuperintendent shall adopt, and may	37375
amend and rescind, rules identifying or listing hazardous	37376
substances. The rules shall be consistent with and equivalent in	37377
scope, coverage, and content to regulations identifying or listing	37378
hazardous substances adopted under the "Comprehensive	37379
Environmental Response, Compensation, and Liability Act of 1980,"	37380
94 Stat. 2779, 42 U.S.C.A. 9602, as amended, except that the fire	37381
marshalsuperintendent shall not identify or list as a hazardous	37382
substance any hazardous waste identified or listed in rules	37383
adopted under division (A) of section 3734.12 of the Revised Code.	37384

(E) Notwithstanding any provision of the laws of this state	37385
to the contrary, the fire marshal superintendent has exclusive	37386
jurisdiction to regulate the storage, treatment, and disposal of	37387
petroleum contaminated soil generated from corrective actions	37388
undertaken in response to releases of petroleum. The fire marshal	37389
superintendent may adopt, amend, or rescind such rules as hethe	37390
superintendent considers to be necessary or appropriate to	37391
regulate the storage, treatment, or disposal of petroleum	37392
contaminated soil so generated.	37393

(F) The fire marshalsuperintendent shall adopt, amend, and	37394
rescind rules under sections 3737.88 to 3737.882 of the Revised	37395
Code in accordance with Chapter 119. of the Revised Code.	37396

Sec. 3737.881.  (A) The fire marshalsuperintendent of	37397
industrial compliance shall certify underground storage tank	37398
systems installers who meet the standards for certification	37399
established in rules adopted under division (D)(1) of this	37400
section, pass the certification examination required by this	37401
division, and pay the certificate fee established in rules adopted	37402
under division (D)(5) of this section. Any individual who wishes	37403
to obtain certification as an installer shall apply to the fire	37404
marshalsuperintendent on a form prescribed by the fire marshal	37405
superintendent. The application shall be accompanied by the	37406
application and examination fees established in rules adopted	37407
under division (D)(5) of this section.	37408

The fire marshalsuperintendent shall prescribe an	37409
examination designed to test the knowledge of applicants for	37410
certification as underground storage tank system installers in the	37411
installation, repair, abandonment, and removal of those systems.	37412
The examination shall also test the applicants' knowledge and	37413
understanding of the requirements and standards established in	37414
rules adopted under sections 3737.88 and 3737.882 of the Revised	37415
Code pertaining to the installation, repair, abandonment, and	37416
removal of those systems.	37417

Installer certifications issued under this division shall be	37418
renewed annually, upon submission of a certification renewal form	37419
prescribed by the fire marshalsuperintendent, provision of proof	37420
of successful completion of continuing education requirements, and	37421
payment of the certification renewal fee established in rules	37422
adopted under division (D)(5) of this section. In addition, the	37423
fire marshalsuperintendent may from time to time prescribe an	37424
examination for certification renewal and may require applicants	37425
to pass the examination and pay the fee established for it in	37426
rules adopted under division (D)(5) of this section.	37427

The fire marshalsuperintendent may, in accordance with	37428
Chapter 119. of the Revised Code, deny, suspend, revoke, or refuse	37429
to renew an installer's certification or renewal thereof if he	37430
findsafter finding that any of the following applies:	37431

(1) The applicant for certification or certificate holder	37432
fails to meet the standards for certification or renewal thereof	37433
under this section and rules adopted under it;	37434

(2) The certification was obtained through fraud or	37435
misrepresentation;	37436

(3) The certificate holder recklessly caused or permitted a	37437
person under histhe certificate holder's supervision to install,	37438
perform major repairs on site to, abandon, or remove an	37439
underground storage tank system in violation of the performance	37440
standards set forth in rules adopted under section 3737.88 or	37441
3737.882 of the Revised Code.	37442

As used in division (A)(3) of this section, "recklessly" has	37443
the same meaning as in section 2901.22 of the Revised Code.	37444

(B) The fire marshalsuperintendent shall certify persons who	37445
sponsor training programs for underground storage tank system	37446
installers who meet the criteria for certification established in	37447
rules adopted by the fire marshalsuperintendent under division	37448
(D)(4) of this section and pay the certificate fee established in	37449
rules adopted under division (D)(5) of this section. Any person	37450
who wishes to obtain certification to sponsor such a training	37451
program shall apply to the fire marshalsuperintendent on a form	37452
prescribed by himthe superintendent. Training program	37453
certificates issued under this division shall expire annually.	37454
Upon submission of a certification renewal application form	37455
prescribed by the fire marshalsuperintendent and payment of the	37456
application and certification renewal fees established in rules	37457
adopted under division (D)(5) of this section, the fire marshal	37458
superintendent shall issue a training program renewal certificate	37459
to the applicant.	37460

The fire marshalsuperintendent may, in accordance with	37461
Chapter 119. of the Revised Code, deny an application for,	37462
suspend, or revoke a training program certificate or renewal	37463
thereof if he findsafter finding that the training program does	37464
not or will not meet the standards for certification established	37465
in rules adopted under division (D)(4) of this section.	37466

(C) The fire marshalsuperintendent may conduct or cause to	37467
be conducted training programs for underground storage tank	37468
systems installers as hethe superintendent considers to be	37469
necessary or appropriate. The fire marshalsuperintendent is not	37470
subject to division (B) of this section with respect to training	37471
programs conducted by employees of the office of the fire marshal	37472
superintendent.	37473

(D) The fire marshalsuperintendent shall adopt, and may	37474
amend and rescind, rules doing all of the following:	37475

(1) Defining the activities that constitute supervision over	37476
the installation, performance of major repairs on site to,	37477
abandonment of, and removal of underground storage tank systems;	37478

(2) Establishing standards and procedures for certification	37479
of underground storage tank systems installers;	37480

(3) Establishing standards and procedures for continuing	37481
education for certification renewal;	37482

(4) Establishing standards and procedures for certification	37483
of training programs for installers;	37484

(5) Establishing fees for applications for certifications	37485
under this section, the examinations prescribed under division (A)	37486
of this section, the issuance and renewal of certificates under	37487
divisions (A) and (B) of this section, and attendance at training	37488
programs conducted by the fire marshalsuperintendent under	37489
division (C) of this section. Fees received under this section	37490
shall be credited to the underground storage tank administration	37491
fund created in section 3737.02 of the Revised Code and shall be	37492
used to defray the costs of implementing, administering, and	37493
enforcing this section and the rules adopted thereunder,	37494
conducting training sessions, and facilitating prevention of	37495
releases.	37496

(6) That are necessary or appropriate for the implementation,	37497
administration, and enforcement of this section.	37498

(E) Nothing in this section or the rules adopted under it	37499
prohibits an owner or operator of an underground storage tank	37500
system from installing, making major repairs on site to,	37501
abandoning, or removing an underground storage tank system under	37502
the supervision of an installer certified under division (A) of	37503
this section who is a full-time or part-time employee of the owner	37504
or operator.	37505

(F) On and after the date one hundred eighty days after the	37506
effective date of this sectionJanuary 7, 1990, no person shall do	37507
any of the following:	37508

(1) Install, make major repairs on site to, abandon, or	37509
remove an underground storage tank system unless the activity is	37510
performed under the supervision of a qualified individual who	37511
holds a valid installer certificate issued under division (A) of	37512
this section;	37513

(2) Act in the capacity of providing supervision for the	37514
installation of, performance of major repairs on site to,	37515
abandonment of, or removal of an underground storage tank system	37516
unless the person holds a valid installer certificate issued under	37517
division (A) of this section;	37518

(3) Except as provided in division (C) of this section,	37519
sponsor a training program for underground storage tank systems	37520
installers unless the person holds a valid training program	37521
certificate issued under division (B) of this section.	37522

Sec. 3737.882.  (A) If, after an examination or inspection,	37523
the fire marshalsuperintendent of industrial compliance or anthe	37524
superintendent's assistant fire marshal finds that a release of	37525
petroleum is suspected, the fire marshalsuperintendent shall take	37526
such action as the fire marshalsuperintendent considers necessary	37527
to ensure that a suspected release is confirmed or disproved and,	37528
if the occurrence of a release is confirmed, to correct the	37529
release. These actions may include one or more of the following:	37530

(1) Issuance of a citation and order requiring the	37531
responsible person to undertake, in a manner consistent with the	37532
requirements of section 9003 of the "Resource Conservation and	37533
Recovery Act of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, as	37534
amended, applicable regulations adopted thereunder, and rules	37535
adopted under division (B) of this section, such actions as are	37536
necessary to protect human health and the environment, including,	37537
without limitation, the investigation of a suspected release.	37538

(2) Requesting the attorney general to bring a civil action	37539
for appropriate relief, including a temporary restraining order or	37540
preliminary or permanent injunction, in the court of common pleas	37541
of the county in which a suspected release is located or in which	37542
the release occurred, to obtain the corrective action necessary to	37543
protect human health and the environment. In granting any such	37544
relief, the court shall ensure that the terms of the temporary	37545
restraining order or injunction are sufficient to provide	37546
comprehensive corrective action to protect human health and the	37547
environment.	37548

(3) Entry onto premises and undertaking corrective action	37549
with respect to a release of petroleum if, in the fire marshal's	37550
superintendent's judgment, such action is necessary to protect	37551
human health and the environment. Any corrective action undertaken	37552
by the fire marshalsuperintendent or the superintendent's	37553
assistant fire marshal under division (A)(3) of this section shall	37554
be consistent with the requirements of sections 9003 and 9005 of	37555
the "Resource Conservation and Recovery Act of 1976," 98 Stat.	37556
3279, 42 U.S.C.A. 6991b, and 98 Stat. 3284, 42 U.S.C.A. 6991e,	37557
respectively, as amended, applicable regulations adopted	37558
thereunder, and rules adopted under division (B) of this section.	37559

(B) The fire marshalsuperintendent shall adopt, and may	37560
amend and rescind, such rules as the fire marshalsuperintendent	37561
considers necessary to establish standards for corrective actions	37562
for suspected and confirmed releases of petroleum and standards	37563
for the recovery of costs incurred for undertaking corrective or	37564
enforcement actions with respect to such releases. The rules also	37565
shall include requirements for financial responsibility for the	37566
cost of corrective actions for and compensation of bodily injury	37567
and property damage incurred by third parties that are caused by	37568
releases of petroleum. Rules regarding financial responsibility	37569
shall, without limitation, require responsible persons to provide	37570
evidence that the parties guaranteeing payment of the deductible	37571
amount established under division (E) or (F) of section 3737.91 of	37572
the Revised Code are, at a minimum, secondarily liable for all	37573
corrective action and third-party liability costs incurred within	37574
the scope of the deductible amount. The rules shall be consistent	37575
with sections 9003 and 9005 of the "Resource Conservation and	37576
Recovery Act of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, and 98	37577
Stat. 3284, 42 U.S.C.A. 6991e, respectively, as amended, and	37578
applicable regulations adopted thereunder.	37579

(C)(1) No person shall violate or fail to comply with a rule	37580
adopted under division (A) of section 3737.88 of the Revised Code	37581
or division (B) of this section, and no person shall violate or	37582
fail to comply with the terms of any order issued under division	37583
(A) of section 3737.88 of the Revised Code or division (A)(1) of	37584
this section.	37585

(2) Whoever violates division (C)(1) of this section or	37586
division (F) of section 3737.881 of the Revised Code shall pay a	37587
civil penalty of not more than ten thousand dollars for each day	37588
that the violation continues. The fire marshalsuperintendent may,	37589
by order, assess a civil penalty under this division, or the fire	37590
marshalsuperintendent may request the attorney general to bring a	37591
civil action for imposition of the civil penalty in the court of	37592
common pleas of the county in which the violation occurred. If the	37593
fire marshalsuperintendent determines that a responsible person	37594
is in violation of division (C)(1) of this section or division (F)	37595
of section 3737.881 of the Revised Code, the fire marshal	37596
superintendent may request the attorney general to bring a civil	37597
action for appropriate relief, including a temporary restraining	37598
order or preliminary or permanent injunction, in the court of	37599
common pleas of the county in which the underground storage tank	37600
or, in the case of a violation of division (F)(3) of section	37601
3737.881 of the Revised Code, the training program that is the	37602
subject of the violation is located. The court shall issue a	37603
temporary restraining order or an injunction upon a demonstration	37604
that a violation of division (C)(1) of this section or division	37605
(F) of section 3737.881 of the Revised Code has occurred or is	37606
occurring.	37607

Any action brought by the attorney general under this	37608
division is a civil action, governed by the Rules of Civil	37609
Procedure and other rules of practice and procedure applicable to	37610
civil actions.	37611

(D) Orders issued under division (A) of section 3737.88 of	37612
the Revised Code and divisions (A)(1) and (C) of this section, and	37613
appeals thereof, are subject to and governed by Chapter 3745. of	37614
the Revised Code. Such orders shall be issued without the	37615
necessity for issuance of a proposed action under that chapter.	37616
For purposes of appeals of any such orders, the term "director" as	37617
used in Chapter 3745. of the Revised Code includes the fire	37618
marshalsuperintendent and anthe superintendent's assistant fire	37619
marshal.	37620

(E) Any restrictions on the use of real property for the	37621
purpose of achieving applicable standards pursuant to rules	37622
adopted under division (B) of this section shall be contained in a	37623
deed or in another instrument that is signed and acknowledged by	37624
the property owner in the same manner as a deed. The deed or other	37625
instrument containing the restrictions shall be filed and recorded	37626
in the office of the county recorder of the county in which the	37627
property is located. Pursuant to Chapter 5309. of the Revised	37628
Code, such use restrictions in connection with registered land, as	37629
defined in section 5309.01 of the Revised Code, shall be entered	37630
as a memorial on the page of the register where the title of the	37631
owner is registered.	37632

Sec. 3737.883.  On receipt of a notice pursuant to section	37633
3123.43 of the Revised Code, the state fire marshalsuperintendent	37634
of industrial compliance shall comply with sections 3123.41 to	37635
3123.50 of the Revised Code and any applicable rules adopted under	37636
section 3123.63 of the Revised Code with respect to a certificate	37637
issued pursuant to section 3737.34, 3737.65, 3737.83, or 3737.881	37638
of the Revised Code.	37639

Sec. 3737.89.  (A) Except when a responsible person can prove	37640
that a release of petroleum was caused solely by any one or a	37641
combination of an act of God, an act of war, or an act or omission	37642
of a third party without regard to whether any such act or	37643
omission was or was not negligent, a responsible person,	37644
notwithstanding any other provision of the Revised Code or common	37645
law of this state, is strictly liable to the state for any costs	37646
incurred for any corrective or enforcement action undertaken by	37647
the fire marshalsuperintendent of industrial compliance under	37648
section 3737.882 of the Revised Code and for any costs incurred	37649
for any enforcement action undertaken by the attorney general	37650
under this section or section 3737.882 of the Revised Code with	37651
respect to a release of petroleum.	37652

The attorney general, upon the request of the fire marshal	37653
superintendent, shall bring a civil action to recover those costs	37654
in the court of common pleas of the county in which the corrective	37655
or enforcement action was undertaken.	37656

(B) If a responsible person alleges that a release of	37657
petroleum was caused solely by an act or omission of a third party	37658
or was caused solely by such an act or omission in combination	37659
with an act of God or an act of war, the responsible person shall	37660
pay to the state the cost of any corrective or enforcement action	37661
undertaken by the fire marshalsuperintendent under section	37662
3737.882 of the Revised Code and any enforcement action undertaken	37663
by the attorney general under this section or section 3737.882 of	37664
the Revised Code with respect to the release and is entitled by	37665
subrogation to all rights of the state to recover those costs from	37666
the third party under division (C) of this section. The attorney	37667
general, upon the request of the fire marshalsuperintendent,	37668
shall bring a civil action to recover payment from the responsible	37669
party for those costs in the court of common pleas of the county	37670
in which the corrective or enforcement action was undertaken.	37671

(C) If the responsible person proves that a release of	37672
petroleum was caused solely by an act or omission of a third party	37673
or by such an act or omission in combination with an act of God or	37674
an act of war, the third party, notwithstanding any other	37675
provision of the Revised Code or common law of this state, is	37676
strictly liable to the state for any costs incurred for any	37677
corrective or enforcement action undertaken by the fire marshal	37678
superintendent under section 3737.882 of the Revised Code and for	37679
any enforcement action undertaken by the attorney general under	37680
this section or section 3737.882 of the Revised Code with respect	37681
to the release. The attorney general, upon the request of the fire	37682
marshalsuperintendent or any person entitled by subrogation to	37683
the rights of the state under division (B) of this section, may	37684
bring a civil action to recover those costs in the court of common	37685
pleas of the county in which the corrective or enforcement action	37686
was undertaken.	37687

(D) No indemnification, hold harmless, or similar agreement	37688
or conveyance shall be effective to transfer from the responsible	37689
person, or from any other person who may be liable under division	37690
(C) of this section, to another person the liability imposed by	37691
this section. Nothing in this division bars either of the	37692
following:	37693

(1) Any agreement to insure, hold harmless, or indemnify a	37694
party to such an agreement for any liability under this section;	37695

(2) A cause of action that any person has or would have	37696
against any other person by reason of subrogation or otherwise.	37697

(E) Nothing in this section limits the duty of a responsible	37698
person under section 3737.882 of the Revised Code and rules	37699
adopted under it to notify the fire marshal and to take action	37700
with respect to a release of petroleum.	37701

(F) Nothing in this section limits the right of the federal	37702
government to recover from the responsible person any federal	37703
money expended for any corrective or enforcement action as a	37704
result of a release of petroleum.	37705

Sec. 3737.91.  (A) There is hereby created the petroleum	37706
underground storage tank financial assurance fund, which shall be	37707
in the custody of the treasurer of state, but is not a part of the	37708
state treasury. The fund shall consist of moneys from the	37709
following sources:	37710

(1) All fees collected under divisions (B) and (F) of this	37711
section and all supplemental fees collected under division (C) of	37712
this section;	37713

(2) Interest earned on moneys in the fund;

37714

(3) Appropriations to the fund from the general revenue fund;

37715

(4) The proceeds of revenue bonds issued under sections	37716
3737.90 to 3737.948 of the Revised Code, provided that upon	37717
resolution of the petroleum underground storage tank release	37718
compensation board created in section 3737.90 of the Revised Code,	37719
all or part of those proceeds may be deposited into a separate	37720
account of the fund. Chapters 131. and 135. of the Revised Code do	37721
not apply to the establishment, deposit, investment, application,	37722
and safeguard of any such account and moneys in any such account.	37723

(B) For the purposes of paying the costs of implementing and	37724
administering this section and sections 3737.90 and 3737.92 of the	37725
Revised Code and rules adopted under them; payment or	37726
reimbursement of corrective action costs under section 3737.92 of	37727
the Revised Code; compensating third parties for bodily injury or	37728
property damage under that section; and payment of principal and	37729
interest on revenue bonds issued under sections 3737.90 to	37730
3737.948 of the Revised Code to raise capital for the fund, there	37731
is hereby assessed an annual petroleum underground storage tank	37732
financial assurance fee on each tank comprising an underground	37733
storage tank or an underground storage tank system that contains	37734
or has contained petroleum and for which a responsible person is	37735
required to demonstrate financial responsibility by rules adopted	37736
by the fire marshalsuperintendent of industrial compliance under	37737
division (B) of section 3737.882 of the Revised Code. The fee	37738
assessed by this division shall be paid to the board by a	37739
responsible person for each tank that is subject to the fee. The	37740
fee shall be paid not later than the first day of July of each	37741
year, except that in 1989 the fee shall be paid by either the	37742
first day of September or ninety days after July 11, 1989,	37743
whichever is later. The fee is in addition to any fee established	37744
by the fire marshalsuperintendent under section 3737.88 of the	37745
Revised Code.	37746

The amount of the annual fee due in 1989 and 1990 is one	37747
hundred fifty dollars per tank per year. In 1991 and subsequent	37748
years the board shall establish the amount of the annual fee in	37749
accordance with this division. Not later than the first day of	37750
April of 1991 and each subsequent year, the board, in consultation	37751
with the administrative agent of the fund with whom the board has	37752
entered into a contract under division (B)(3) of section 3737.90	37753
of the Revised Code, if any, shall determine the amount of the	37754
annual fee to be assessed in that year and shall adopt rules in	37755
accordance with Chapter 119. of the Revised Code to establish the	37756
fee at that amount. The fee shall be established at an amount	37757
calculated to maintain the continued financial soundness of the	37758
fund, provided that if the unobligated balance of the fund exceeds	37759
forty-five million dollars on the date that an annual	37760
determination is made, the board may assess a fee in the year to	37761
which the determination applies only to the extent required in or	37762
by, or necessary to comply with covenants or other requirements	37763
in, revenue bonds issued under sections 3737.90 to 3737.948 of the	37764
Revised Code or in proceedings or other covenants or agreements	37765
related to such bonds. Not later than the first day of May of 1991	37766
and each subsequent year, the board shall notify each responsible	37767
person by certified mail of the amount of the annual fee per tank	37768
due in that year. As used in this paragraph, "proceedings" has the	37769
same meaning as in section 133.01 of the Revised Code.	37770

If a responsible person is both the owner and operator of a	37771
tank, the responsible person shall pay any annual fee assessed	37772
under this division in compliance with this division and the rules	37773
adopted thereunder. If the owner of the tank and the operator of	37774
the tank are not the same person, any annual fee assessed under	37775
this division in compliance with this division and the rules	37776
adopted thereunder shall be paid by one of the responsible	37777
persons; however, all such responsible persons are liable for	37778
noncompliance with this division.	37779

(C) As necessary to maintain the financial soundness of the	37780
fund, the board, by rules adopted in accordance with Chapter 119.	37781
of the Revised Code, may at any time assess a supplemental	37782
petroleum underground storage tank financial assurance fee on	37783
tanks subject to the fee assessed under division (B) or (F) of	37784
this section in any fiscal year in which the board finds that the	37785
unobligated balance in the fund is less than fifteen million	37786
dollars. The board, in consultation with the fund's administrative	37787
agent, if any, shall establish the amount of the supplemental fee	37788
at an amount that will ensure an unobligated balance in the fund	37789
of at least fifteen million dollars at the end of the fiscal year	37790
in which the supplemental fee is assessed. Not less than thirty	37791
days before the date on which payment of the supplemental fee is	37792
due under the board's rules, the board shall notify each	37793
responsible person by certified mail of the amount of the	37794
supplemental fee and the date on which payment of the supplemental	37795
fee to the board is due.	37796

If a responsible person is both the owner and operator of a	37797
tank, the responsible person shall pay any supplemental fee	37798
assessed under this division in compliance with this division and	37799
the rules adopted thereunder. If the owner of the tank and the	37800
operator of the tank are not the same person, any supplemental fee	37801
assessed under this division in compliance with this division and	37802
the rules adopted thereunder shall be paid by one of the	37803
responsible persons; however, all such responsible persons are	37804
liable for noncompliance with this division.	37805

(D)(1) The board shall issue a certificate of coverage to any	37806
responsible person who has complied with all of the following:	37807

(a) Paid the fee assessed under division (B) or (F) of this	37808
section;	37809

(b) Demonstrated to the board financial responsibility in	37810
compliance with the rules adopted by the fire marshal	37811
superintendent under division (B) of section 3737.882 of the	37812
Revised Code for the deductible amount established under division	37813
(E) of this section or, when appropriate, the reduced deductible	37814
amount established under division (F) of this section. If the	37815
responsible person utilizes self-insurance as a financial	37816
responsibility mechanism, the responsible person shall provide the	37817
board with an affidavit in which the responsible party certifies	37818
that all documentation submitted to the board is true and	37819
accurate;	37820

(c) Certified to the board that for each petroleum	37821
underground storage tank system for which a certificate of	37822
coverage is sought, the responsible person is in compliance with	37823
applicable rules for petroleum underground storage tank systems	37824
that have been adopted by the fire marshalsuperintendent under	37825
section 3737.88 of the Revised Code.	37826

The certificate of coverage shall state the amount of	37827
coverage to which the responsible person is entitled from the fund	37828
pursuant to division (D)(3) of this section and the time period	37829
for which the certificate provides that coverage. An issued	37830
certificate of coverage is subject to the condition that the	37831
holder timely pay any supplemental fee assessed under division (C)	37832
of this section during the time that the certificate is in effect.	37833

(2) The board shall not issue a certificate of coverage to	37834
any responsible person who fails to comply with divisions	37835
(D)(1)(a), (b), and (c) of this section.	37836

(3) The maximum disbursement from the fund for any single	37837
release of petroleum is the difference between the deductible	37838
amount established under division (E) of this section or, when	37839
appropriate, the reduced deductible amount established under	37840
division (F) of this section and one million dollars. The maximum	37841
disbursement from the fund during any fiscal year on behalf of any	37842
responsible person shall not exceed in the aggregate one million	37843
dollars less the deductible amount if the responsible person owns	37844
or operates not more than one hundred tanks comprising underground	37845
petroleum storage tanks or underground petroleum storage tank	37846
systems, shall not exceed in the aggregate two million dollars	37847
less the deductible amount if the responsible person owns or	37848
operates not more than two hundred such tanks, shall not exceed in	37849
the aggregate three million dollars less the deductible amount if	37850
the responsible person owns or operates not more than three	37851
hundred such tanks, and shall not exceed in the aggregate four	37852
million dollars less the deductible amount if the responsible	37853
person owns or operates more than three hundred such tanks. The	37854
maximum disbursement from the fund for any single release or for	37855
any fiscal year under this division does not in any manner limit	37856
the liability of a responsible person for a release of petroleum.	37857

(E)(1) Except as otherwise provided in division (F) of this	37858
section, no responsible person is eligible to receive moneys from	37859
the fund under section 3737.92 of the Revised Code until the	37860
responsible person demonstrates to the board financial	37861
responsibility for the first fifty thousand dollars of the cost	37862
for corrective action for, and compensating third parties for	37863
bodily injury and property damage caused by, accidental releases	37864
of petroleum from an underground storage tank owned or operated by	37865
the responsible party. The fifty thousand dollar amount is the	37866
deductible amount for the purposes of this section and section	37867
3737.92 of the Revised Code.	37868

(2) The board, in consultation with the fund's administrative	37869
agent, if any, may, by rules adopted in accordance with Chapter	37870
119. of the Revised Code, establish for any fiscal year a	37871
deductible amount that differs from fifty thousand dollars. The	37872
deductible amount established by the board shall be such an amount	37873
as to maintain the financial soundness of the fund. Any action of	37874
the board to establish a differing deductible amount or to alter a	37875
deductible amount previously established by it shall be taken	37876
concurrently with the establishment under division (B) of this	37877
section of the annual fee due on the first day of the fiscal year	37878
in which the deductible amount will apply. If the deductible	37879
amount established under this division differs from that in effect	37880
at the time of the board's action, the board shall notify each	37881
responsible person of the change by certified mail not later than	37882
the first day of May preceding the effective date of the change.	37883

(F)(1) Any responsible person owning, or owning or operating,	37884
a total of six or fewer petroleum underground storage tanks may	37885
elect in calendar years 1989 and 1990 to pay twice the amount of	37886
the per tank annual fee for each tank assessed under division (B)	37887
of this section in order to reduce the amount of the deductible	37888
established in division (E) of this section to the total amount of	37889
ten thousand dollars. The election shall be available only at the	37890
time of the payment of the annual fee and any supplemental fee.	37891
The election shall not be retroactively applied.	37892

(2) Any responsible person owning, or owning or operating, a	37893
total of six or fewer petroleum underground storage tanks may	37894
elect in calendar year 1991 and in each subsequent year to pay an	37895
additional fee at an amount established by the board in addition	37896
to the per tank annual fee assessed under division (B) of this	37897
section in order to reduce the deductible amount established under	37898
division (E) of this section. In calendar year 1991 and in each	37899
subsequent year, the board shall establish the amount of the	37900
additional fee and the reduced deductible amount. In determining	37901
the amount of the additional fee and the reduced deductible	37902
amount, the board shall take into consideration the effect of the	37903
additional claims paid under section 3737.92 of the Revised Code	37904
to responsible persons making an election under division (F)(2) of	37905
this section and balance that consideration with such factors as	37906
the availability of liability insurance, the difficulty of proving	37907
financial responsibility pursuant to the rules adopted by the fire	37908
marshalsuperintendent under division (B) of section 3737.882 of	37909
the Revised Code, and the hardship created on small owners and	37910
operators of petroleum underground storage tanks by an increase in	37911
either the additional fee or the reduced deductible amount.	37912

(3) Any responsible person owning, or owning or operating, a	37913
total of six or fewer petroleum underground storage tanks who	37914
elects to pay the additional fee under divisions (F)(1) and (2) of	37915
this section shall pay any per tank supplemental fee assessed	37916
under division (C) of this section.	37917

(G) If the director of the fund determines that a responsible	37918
person has failed to comply with division (B), (C), or (F) of this	37919
section, the director of the fund shall notify each responsible	37920
person for the petroleum underground storage tank of the	37921
noncompliance. If, within thirty days after the notification, the	37922
responsible person fails to pay the applicable fee or any fee	37923
previously assessed upon the responsible person under this	37924
section, the director of the fund shall issue an order requiring	37925
the responsible person to pay all of the fees the responsible	37926
person owes to the fund and an additional late payment fee in the	37927
amount of one thousand dollars to the fund.	37928

If a responsible person fails to comply with any order of the	37929
director of the fund within thirty days after the issuance of the	37930
order, the director shall notify the fire marshalsuperintendent	37931
of that noncompliance. Upon the request of the director of the	37932
fund, the attorney general may bring a civil action for	37933
appropriate relief, including a temporary restraining order or	37934
preliminary or permanent injunction, in the court of common pleas	37935
of the county in which the petroleum underground storage tank that	37936
is the subject of the order is located. The court shall issue an	37937
injunction upon a demonstration that a failure to comply with the	37938
director's order has occurred or is occurring.	37939

Any orders issued by the director of the fund under this	37940
division may be appealed by the responsible person under division	37941
(F) of section 3737.92 of the Revised Code. For the purpose of an	37942
appeal of any order of the director of the fund, "determination"	37943
as used in that division includes any order of the director of the	37944
fund. The filing of a notice of appeal under this division does	37945
not operate as a stay of any order of the director of the fund.	37946

Sec. 3737.92.  (A) The petroleum underground storage tank	37947
release compensation board created in section 3737.90 of the	37948
Revised Code shall use moneys in the petroleum underground storage	37949
tank financial assurance fund established in section 3737.91 of	37950
the Revised Code exclusively for the following purposes:	37951

(1) Payment of the expenses of administering the fund;

37952

(2) Payment of the administrative expenses of the board;

37953

(3) Payment to or reimbursement of responsible persons for	37954
the necessary cost of corrective action for and compensating third	37955
parties for bodily injury and property damage caused by accidental	37956
releases of petroleum in accordance with this section, provided	37957
that proceeds from the issuance of revenue bonds under sections	37958
3737.90 to 3737.948 of the Revised Code may only be used for the	37959
payment to or reimbursement of responsible persons for the	37960
necessary costs of corrective action for improving property	37961
damaged by accidental releases of petroleum in accordance with	37962
this section;	37963

(4) Deposit into any funds provided for in a resolution or	37964
resolutions of the board in connection with any revenue bonds	37965
issued under sections 3737.90 to 3737.948 of the Revised Code;	37966

(5) Placement of petroleum underground storage tank linked	37967
deposits under sections 3737.95 to 3737.98 of the Revised Code.	37968

(B) A responsible person seeking to obtain from the fund	37969
payment of or reimbursement for corrective action costs for an	37970
accidental release of petroleum shall submit a claim to the board	37971
in accordance with and containing the information required by	37972
rules adopted by the board in accordance with Chapter 119. of the	37973
Revised Code. Before authorizing any disbursement from the fund to	37974
pay all or any portion of a claim submitted under this division,	37975
the director of the fund shall first determine that the claim	37976
meets all of the following criteria:	37977

(1) The responsible person is eligible under division (D) of	37978
this section to receive payment of or reimbursement for the	37979
corrective action costs from the fund;	37980

(2) The corrective action performed or to be performed has	37981
been authorized by the fire marshalsuperintendent of industrial	37982
compliance under section 3737.882 of the Revised Code and rules	37983
adopted under that section;	37984

(3) The costs of performing the corrective action are	37985
necessary to comply with the rules of the fire marshal	37986
superintendent adopted under sections 3737.88 and 3737.882 of the	37987
Revised Code governing corrective actions.	37988

(C) A responsible person seeking to obtain from the fund	37989
payment of or reimbursement for compensation paid or to be paid to	37990
third parties for bodily injury or property damage caused by an	37991
accidental release of petroleum shall submit a claim to the board	37992
in accordance with and containing the information required by	37993
rules adopted by the board in accordance with Chapter 119. of the	37994
Revised Code. Before authorizing any disbursement from the fund to	37995
pay all or any portion of a claim submitted under this division,	37996
the director of the fund shall first determine that the claim	37997
meets both of the following criteria:	37998

(1) The responsible person who submitted the claim is	37999
eligible under division (D) of this section to receive payment of	38000
or reimbursement for the third-party compensation from the fund;	38001

(2) There is a legally enforceable judgment against the	38002
responsible person for bodily injury or property damage to one or	38003
more third parties resulting from the release in the amount stated	38004
in the claim, or, if there is a settlement with a third party as a	38005
result of the release, the amount of the settlement stated in the	38006
claim is reasonable.	38007

(D) A responsible person is not eligible to receive payment	38008
or reimbursement from the fund under division (B) or (C) of this	38009
section unless all of the following conditions are met:	38010

(1) At the time that the release was first suspected or	38011
confirmed, a responsible person possessed a valid certificate of	38012
coverage issued by the board under division (D) of section 3737.91	38013
of the Revised Code for the petroleum underground storage tank	38014
system from which the release occurred;	38015

(2) One of the following applies:

38016

(a) The petroleum underground storage tank system from which	38017
the release occurred was registered in compliance with rules	38018
adopted by the fire marshalsuperintendent under section 3737.88	38019
of the Revised Code when the occurrence of the release was first	38020
suspected or confirmed;	38021

(b) The fire marshalsuperintendent has recommended that	38022
payment or reimbursement be made because good cause existed for	38023
the responsible person's failure to have so registered the	38024
petroleum underground storage tank system, and the responsible	38025
person has registered the petroleum underground storage tank	38026
system with the fire marshalsuperintendent and paid all back	38027
registration fees payable under those rules for registration of	38028
the system from the time the responsible person should have, but	38029
failed to register the system.	38030

(3) The fire marshalsuperintendent has determined that, when	38031
the claim was filed, a responsible person was in compliance with	38032
all orders issued under sections 3737.88 and 3737.882 of the	38033
Revised Code regarding the petroleum underground storage tank	38034
system from which the release occurred;	38035

(4) A responsible person demonstrates financial	38036
responsibility for the deductible amount applicable under section	38037
3737.91 of the Revised Code for the petroleum underground storage	38038
tank system from which the release has occurred;	38039

(5) The responsible person has not falsified any attestation	38040
contained on a registration application required by rules adopted	38041
under section 3737.88 of the Revised Code;	38042

(6) The petroleum underground storage tank system from which	38043
the release occurred was in compliance with rules, other than	38044
rules regarding registration, adopted by the fire marshal	38045
superintendent under section 3737.88 of the Revised Code when the	38046
occurrence of the release was first suspected or confirmed.	38047

(E) The director of the fund may make a determination to	38048
approve or disapprove a claim and to authorize a disbursement from	38049
the fund for payment of an approved claim administratively without	38050
a hearing. If the director of the fund makes a determination	38051
regarding a claim that is inconsistent with a recommendation or	38052
determination of the fire marshalsuperintendent for purposes of	38053
division (B)(2) or (3) or (D)(2), (3), or (5) of this section, the	38054
director shall detail those inconsistencies in a written finding	38055
of fact before authorizing any disbursement from the fund for	38056
payment of the claim. Upon making a determination of a claim under	38057
this section, the director of the fund shall provide written	38058
notice of the determination and a copy of any written finding of	38059
fact accompanying the determination to the responsible person who	38060
submitted the claim and to the fire marshalsuperintendent.	38061

(F) If the responsible person who submitted a claim under	38062
this section or the fire marshalsuperintendent objects to the	38063
determination of the claim made by the director of the fund and	38064
files an objection to the determination with the board within	38065
thirty days after the mailing of the notification of the	38066
determination and finding of fact, if any, the board shall appoint	38067
a referee to conduct an adjudication hearing on the determination.	38068
The adjudication hearing shall be conducted in accordance with	38069
section 119.09 of the Revised Code. For the purposes of	38070
adjudication hearings on determinations of the director of the	38071
fund, the term "agency" as used in that section includes the	38072
board.	38073

If any party is aggrieved by an order of the board made after	38074
the adjudication hearing on the determination, the party may	38075
appeal the order in accordance with section 119.12 of the Revised	38076
Code. For the purposes of appeals of any such orders, the terms	38077
"fire marshal" andterm "building" as used in that section include	38078
the board andincludes the petroleum underground storage tank,	38079
respectively.	38080

(G) Neither the state, the board, nor the director of the	38081
fund is liable to any responsible person to pay the cost of any	38082
corrective action or of third party compensation for a release of	38083
petroleum when the fund is depeleted of moneys because the amount	38084
of the claims made on the fund exceeds the unobligated balance in	38085
the fund. However, upon assessing and collecting a supplemental	38086
fee under division (C) of section 3737.91 of the Revised Code, the	38087
board shall again consider the claim of a responsible person whose	38088
claim was not initially honored because of the insufficiency of	38089
unobligated balances in the fund to pay that person's claim.	38090

The inability of a responsible person to obtain money from	38091
the fund does not in any manner limit the liability of a	38092
responsible person for a release of petroleum.	38093

(H) Neither the right to apply for payment or reimbursement	38094
nor the receipt of payment or reimbursement under this section	38095
limits the liability of any responsible person to the state for	38096
the payment of any corrective action or enforcement costs under	38097
sections 3737.882 and 3737.89 of the Revised Code, or to any third	38098
party for bodily injury or property damage, resulting from a	38099
release of petroleum from an underground storage tank system owned	38100
or operated by the responsible person. Neither the right to apply	38101
for payment or reimbursement under this section nor any delay by	38102
the board or director of the fund in acting upon any claim for any	38103
such payment or reimbursement limits or postpones the duty of any	38104
responsible person to comply with any order of the fire marshal	38105
superintendent issued under section 3737.88 or 3737.882 of the	38106
Revised Code.	38107

(I) The board, upon payment to or reimbursement of a	38108
responsible person from the fund for corrective action costs or	38109
the cost of compensation to third parties for bodily injury or	38110
property damage, is entitled by subrogation to all rights of the	38111
responsible person to recover those costs from any other person.	38112
The attorney general, upon the request of the board, may bring a	38113
civil action to recover those costs in the court of common pleas	38114
of the county in which the release of petroleum occurred.	38115

(J) Nothing in this section limits the right of the federal	38116
government to recover from the responsible person any federal	38117
money expended for any corrective or enforcement action as a	38118
result of a release of petroleum.	38119

(K) If the responsible person described in division (D) of	38120
this section is a state agency, any payments or reimbursements	38121
received by the state agency under this section shall be deposited	38122
into the fund from which the expenditures for the corrective	38123
action or third party compensation originally were made.	38124

Sec. 3737.98.  (A) Upon placement of a petroleum underground	38125
storage tank linked deposit with an eligible lending institution,	38126
the institution shall lend the funds to each approved eligible	38127
owner listed in the petroleum underground storage tank linked	38128
deposit loan package required by division (D) of section 3737.96	38129
of the Revised Code and in accordance with the linked deposit	38130
agreement required by division (C) of section 3737.97 of the	38131
Revised Code. The loan shall be at a rate below the present	38132
borrowing rate determined in the agreement with the petroleum	38133
underground storage tank release compensation board applicable to	38134
each eligible owner. A certificate of compliance with this	38135
section, in the form and manner prescribed by the board, shall be	38136
required for the eligible lending institution. The borrowing rate	38137
set by the agreement shall be uniform and may not be revised	38138
during the period of the deposit.	38139

(B) The board shall take any and all steps necessary to	38140
implement the petroleum underground storage tank linked deposit	38141
program and to monitor the compliance of eligible lending	38142
institutions and eligible owners, including the development of	38143
guidelines for those purposes as necessary.	38144

(C) The board and the fire marshalsuperintendent of	38145
industrial compliance shall notify owners of petroleum underground	38146
storage tanks of the linked deposit program and its eligibility	38147
requirements. Annually, on or before the first day of February,	38148
the board shall report on the petroleum underground storage tank	38149
linked deposit program for the preceding calendar year to the	38150
governor, speaker of the house of representatives, and president	38151
of the senate. The speaker of the house of representatives and	38152
president of the senate shall transmit copies of the report to the	38153
chairmenchairpersons of their respective standing committees that	38154
customarily consider legislation regarding underground storage	38155
tanks and the environment. The report shall set forth the	38156
petroleum underground storage tank linked deposits made by the	38157
board during the preceding year and shall include information	38158
regarding the nature, terms, and amounts of loans upon which the	38159
linked deposits were made and the eligible owners to which the	38160
loans were made.	38161

Sec. 3741.14.  (A) Each filling station offering self-service	38162
shall be operated in accordance with national fire protection	38163
association standard number 30A-1990, and the provisions of the	38164
"Occupational Safety and Health Act of 1970," 84 Stat. 1590, 5	38165
U.S.C.A. 5108, and any amendments thereto and standards adopted	38166
thereunder.	38167

(B) The fire marshalboard of building and fire standards	38168
shall adopt, as part of the state fire code, rules governing the	38169
equipment, operation, and maintenance of filling stations. The	38170
rules shall be such as are necessary for the protection of the	38171
persons and property of the public, but shall require as a minimum	38172
that:	38173

(1) Gasoline and other flammable or combustible liquids be	38174
dispensed only by a person who is not smoking;	38175

(2) A sign, in block letters at least four inches in height,	38176
be conspicuously displayed on each gasoline pump island where	38177
self-service is offered stating that it is a self-service island;	38178

(3) Signs giving instructions for the operation of gasoline	38179
dispensing equipment, in block letters, be conspicuously posted at	38180
each filling station offering self-service;	38181

(4) A sign bearing the following words in block letters be	38182
conspicuously posted on each gasoline pump island where	38183
self-service is offered:	38184

(a) "STOP ENGINE";

38185

(b) "NO SMOKING";

38186

(c) "WARNING--IT IS UNLAWFUL AND DANGEROUS TO DISPENSE	38187
GASOLINE INTO UNAPPROVED CONTAINERS";	38188

(d) "PERSONS USING DISPENSERS WITH HOLD-OPEN LATCHES MUST	38189
REMAIN AT THE REFUELING POINT DURING REFUELING".	38190

(5) All signs required by this section be constructed of	38191
rigid, weather-resistant material;	38192

(6) Gasoline dispensing nozzles used by any person other than	38193
a supervisor, employee, or attendant be of an approved automatic	38194
closing type. Any person other than a supervisor, employee, or	38195
attendant using a dispenser with a hold-open latch shall remain at	38196
the refueling point during refueling.	38197

(C) The fire marshalboard shall not prohibit the operation	38198
of a filling station offering self-service solely because it is an	38199
unattended filling station that utilizes key- or card-operated	38200
self-service flammable or combustible liquid dispensing equipment.	38201

(D) Nothing in this section shall be interpreted to prohibit	38202
the fire marshalboard from adopting reasonable rules governing	38203
the safety of self-service flammable or combustible liquid	38204
dispensing equipment.	38205

Sec. 3741.15.  (A) Except for Chapters 3704., 3734., 3750.,	38206
3751., 3752., and 3753. of the Revised Code, the superintendent of	38207
the division of industrial compliance shall have primary	38208
responsibility under Title XXXVII of the Revised Code for the	38209
implementation and administration of the aboveground petroleum	38210
storage tank program. To implement the program, the superintendent	38211
shall propose rules to the board of building and fire standards	38212
created under section 3781.07 of the Revised Code and the board	38213
shall not adopt the proposed rules until the fire code advisory	38214
committee has filed in the board's office recommendations for	38215
revisions in the proposed rules or until a period of sixty days	38216
has elapsed since the proposed rules, whichever occurs first. The	38217
board shall consider any recommendations made by the committee	38218
before adopting the proposed rules, but may accept, reject, or	38219
modify the recommendations so long as any rule proposed is	38220
consistent with the state fire code adopted pursuant to section	38221
3737.82 of the Revised Code. The board shall adopt the rules under	38222
this section in accordance with Chapter 119. of the Revised Code.	38223

(B) In proposing the rules to the board for the	38224
implementation and administration of the aboveground petroleum	38225
storage tank program, the superintendent shall require a method of	38226
permitting for the installation, removal, modification, and repair	38227
of aboveground storage tanks containing petroleum or petroleum	38228
products at terminal and bulk plants in the state as those terms	38229
are defined in section 3737.84 of the Revised Code. The	38230
superintendent shall propose rules allowing for the delegation of	38231
authority to conduct inspections related to permitting of	38232
aboveground petroleum storage tanks. The superintendent may	38233
consider and propose rules for annual registration of aboveground	38234
petroleum storage tanks and the superintendent may propose fees	38235
for registration, permitting, and inspection as are consistent	38236
with this program. Within seven days of the receipt of an	38237
application for a permit under this section, the superintendent	38238
shall notify in writing the state fire marshal and the fire	38239
department having jurisdiction of the proposed permitted activity.	38240
The fire marshal or the fire department having jurisdiction may	38241
waive the notification requirements of this paragraph.	38242

(C) Nothing in this section shall prohibit the state fire	38243
marshal or a certified fire safety inspector having jurisdiction	38244
from inspecting terminal and bulk plants in this state. If, upon	38245
inspection or investigation, the fire marshal, an assistant fire	38246
marshal, or a certified fire safety inspector having jurisdiction	38247
finds a violation of the state fire code or sections 3737.41 to	38248
3737.46 of the Revised Code, the fire marshal, an assistant fire	38249
marshal, or a certified fire safety inspector may take such	38250
actions as provided for by sections 3737.41 to 3737.46 of the	38251
Revised Code or rules adopted pursuant to Chapter 3737. of the	38252
Revised Code.	38253

(D) When any permit is issued by the superintendent, the	38254
structure and every particular thereof represented by that permit	38255
and disclosed therein shall, in the absence of fraud or a serious	38256
safety hazard, be conclusively presumed to comply with Chapter	38257
3737. of the Revised Code or any rule issued pursuant thereto, if	38258
constructed, altered or repaired in accordance with that permit	38259
and any such rule in effect at the time of approval.	38260

(E) Upon application by an affected party regulated under	38261
this section, the superintendent may grant a variance from the	38262
state fire code or rules adopted for the implementation and	38263
administration of the aboveground petroleum storage tank program,	38264
if the superintendent determines that a literal enforcement of the	38265
requirement will result in unnecessary hardship and the variance	38266
will not be contrary to the public health, safety, or welfare.	38267

Sec. 3743.57.  (A) All fees collected by the fire marshal for	38268
licenses or permits issued pursuant to this chapter shall be	38269
deposited into the state fire marshal's fund, and interest earned	38270
on the amounts in the fund shall be credited by the treasurer of	38271
state to the fund.	38272

(B) There is hereby established in the state treasury the	38273
fire marshal's fireworks training and education fund. The fire	38274
marshal shall deposit all assessments paid under this division	38275
into the state treasury to the credit of the fund. Each fireworks	38276
manufacturer and fireworks wholesaler licensed under this chapter	38277
shall pay assessments to the fire marshal for deposit into the	38278
fund as required by this division.	38279

The fire marshal shall impose an initial assessment upon each	38280
licensed fireworks manufacturer and wholesaler in order to	38281
establish a fund balance of fifteen thousand dollars. The fund	38282
balance shall at no time exceed fifteen thousand dollars, and the	38283
fire marshal shall impose no further assessments unless the fund	38284
balance is reduced to five thousand dollars or less. If the fund	38285
balance is reduced to five thousand dollars or less, the fire	38286
marshal shall impose an additional assessment upon each licensed	38287
fireworks manufacturer and wholesaler in order to increase the	38288
fund balance to fifteen thousand dollars. The fire marshal shall	38289
determine the amount of the initial assessment on each	38290
manufacturer or wholesaler and each additional assessment by	38291
dividing the total amount needed to be paid into the fund by the	38292
total number of fireworks manufacturers and wholesalers licensed	38293
under this chapter. If a licensed fireworks manufacturer or	38294
wholesaler fails to pay an assessment required by this division	38295
within thirty days after receiving notice of the assessment, the	38296
fire marshal, in accordance with Chapter 119. of the Revised Code,	38297
may refuse to issue, or may revoke, the appropriate license.	38298

The fire marshal shall in the fire marshal's discretion use	38299
amounts in the fund for fireworks training and education purposes,	38300
including, but not limited to, the creation of educational and	38301
training programs, attendance by the fire marshal and the fire	38302
marshal's employees at conferences and seminars, the payment of	38303
travel and meal expenses associated with such attendance,	38304
participation by the fire marshal and the fire marshal's employees	38305
in committee meetings and other meetings related to pyrotechnic	38306
codes, and the payment of travel and meal expenses associated with	38307
such participation. The use of the fund shall comply with rules of	38308
the department of commercepublic safety, policies and procedures	38309
established by the director of budget and management, and all	38310
other applicable laws.	38311

Sec. 3743.75. (A) During the period beginning on the	38312
effective date of this sectionJune 29, 2001, and ending on	38313
December 15, 2005, the state fire marshal shall not do any of the	38314
following:	38315

(1) Issue a license as a manufacturer of fireworks under	38316
sections 3743.02 and 3743.03 of the Revised Code to a person for a	38317
particular fireworks plant unless that person possessed such a	38318
license for that fireworks plant immediately prior to the	38319
effective date of this sectionJune 29, 2001;	38320

(2) Issue a license as a wholesaler of fireworks under	38321
sections 3743.15 and 3743.16 of the Revised Code to a person for a	38322
particular location unless that person possessed such a license	38323
for that location immediately prior to the effective date of this	38324
sectionJune 29, 2001;	38325

(3) Except as provided in division (B) of this section,	38326
approve the transfer of a license as a manufacturer or wholesaler	38327
of fireworks issued under this chapter to any location other than	38328
a location for which a license was issued under this chapter	38329
immediately prior to the effective date of this sectionJune 29,	38330
2001.	38331

(B) Division (A)(3) of this section does not apply to a	38332
transfer that the state fire marshal approves under division	38333
(D)(2) of section 3743.17 of the Revised Code. Section 3743.59 of	38334
the Revised Code does not apply to this section.	38335

(C) The department of commercepublic safety and the division	38336
of state fire marshal shall devise, by December 15, 2005, a	38337
proposal to provide for the issuance of manufacturer and	38338
wholesaler of fireworks licenses that is based upon demographics	38339
and designed to ensure the safety of the public and send a copy of	38340
the proposal to the president of the senate and speaker of the	38341
house of representatives.	38342

Sec. 3745.04. As used in this section, "any person" means any	38343
individual, any partnership, corporation, association, or other	38344
legal entity, or any political subdivision, instrumentality, or	38345
agency of a state, whether or not the individual or legal entity	38346
is an applicant for or holder of a license, permit, or variance	38347
from the environmental protection agency, and includes any	38348
department, agency, or instrumentality of the federal government	38349
that is an applicant for or holder of a license, permit, or	38350
variance from the environmental protection agency.	38351

As used in this section, "action" or "act" includes the	38352
adoption, modification, or repeal of a rule or standard, the	38353
issuance, modification, or revocation of any lawful order other	38354
than an emergency order, and the issuance, denial, modification,	38355
or revocation of a license, permit, lease, variance, or	38356
certificate, or the approval or disapproval of plans and	38357
specifications pursuant to law or rules adopted thereunder.	38358

Any person who was a party to a proceeding before the	38359
director of environmental protection may participate in an appeal	38360
to the environmental review appeals commission for an order	38361
vacating or modifying the action of the director or a local board	38362
of health, or ordering the director or board of health to perform	38363
an act. The environmental review appeals commission has exclusive	38364
original jurisdiction over any matter that may, under this	38365
section, be brought before it.	38366

The person so appealing to the commission shall be known as	38367
appellant, and the director and any party to a proceeding	38368
substantially supporting the finding from which the appeal is	38369
taken shall be known as appellee, except that when an appeal	38370
involves a license to operate a disposal site or facility, the	38371
local board of health or the director of environmental protection,	38372
and any party to a proceeding substantially supporting the finding	38373
from which the appeal is taken, shall, as appropriate, be known as	38374
the appellee. Appellant and appellee shall be deemed to be parties	38375
to the appeal.	38376

The appeal shall be in writing and shall set forth the action	38377
complained of and the grounds upon which the appeal is based.	38378

The appeal shall be filed with the commission within thirty	38379
days after notice of the action. Notice of the filing of the	38380
appeal shall be filed with the appellee within three days after	38381
the appeal is filed with the commission.	38382

The appeal shall be accompanied by a filing fee of sixty	38383
seventy dollars, which the commission, in its discretion, may	38384
waive in cases ofreduce if by affidavit the appellant	38385
demonstrates that payment of the full amount of the fee would	38386
cause extreme hardship.	38387

Within seven days after receipt of the notice of appeal, the	38388
director or local board of health shall prepare and certify to the	38389
commission a record of the proceedings out of which the appeal	38390
arises, including all documents and correspondence, and a	38391
transcript of all testimony.	38392

Upon the filing of the appeal, the commission shall fix the	38393
time and place at which the hearing on the appeal will be held.	38394
The commission shall give the appellant and the appellee at least	38395
ten days' written notice thereof by certified mail. The commission	38396
shall hold the hearing within thirty days after the notice of	38397
appeal is filed. The commission may postpone or continue any	38398
hearing upon its own motion or upon application of the appellant	38399
or of the appellee.	38400

The filing of an appeal does not automatically suspend or	38401
stay execution of the action appealed from. Upon application by	38402
the appellant, the commission may suspend or stay the execution	38403
pending immediate determination of the appeal without interruption	38404
by continuances, other than for unavoidable circumstances.	38405

As used in this section and sections 3745.05 and 3745.06 of	38406
the Revised Code, "director of environmental protection" and	38407
"director" are deemed to include the director of agriculture and	38408
"environmental protection agency" is deemed to include the	38409
department of agriculture with respect to actions that are	38410
appealable to the commission under Chapter 903. of the Revised	38411
Code.	38412

Sec. 3745.11.  (A) Applicants for and holders of permits,	38413
licenses, variances, plan approvals, and certifications issued by	38414
the director of environmental protection pursuant to Chapters	38415
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	38416
to the environmental protection agency for each such issuance and	38417
each application for an issuance as provided by this section. No	38418
fee shall be charged for any issuance for which no application has	38419
been submitted to the director.	38420

(B) Prior to January 1, 1994, eachEach person who is issued	38421
a permit to operate, variance, or permit to install prior to July	38422
1, 2003, pursuant to rules adopted under division (F) of section	38423
3704.03 of the Revised Code shall pay the fees specified in the	38424
following scheduleschedules:	38425

(1) Fuel-Burning Equipment (boilers)

38426

Units burning exclusively natural gas, number two fuel oil,	38438
or both shall be assessed a fee that is one-half of the applicable	38439
amount established in division (F)(1) of this section.	38440

Any fuel-burning equipment using only natural gas, propane,	38441
liquefied petroleum gas, or number two or lighter fuel oil shall	38442
be assessed a fee one-half of that shown.	38443

(2) Incinerators

38444

(3)(a) Process

38453

In any process where process weight rate cannot be	38462
ascertained, the minimum fee shall be assessed.	38463

(b) Notwithstanding division (B)(3)(a) of this section, any	38464
person issued a permit to install pursuant to rules adopted under	38465
division (F) of section 3704.03 of the Revised Code shall pay the	38466
fees established in division (B)(3)(c) of this section for a	38467
process used in any of the following industries, as identified by	38468
the applicable four-digit standard industrial classification code	38469
according to the Standard Industrial Classification Manual	38470
published by the United States office of management and budget in	38471
the executive office of the president, 1972, as revised:	38472

1211 Bituminous coal and lignite mining;

38473

1213 Bituminous coal and lignite mining services;

38474

1411 Dimension stone;

38475

1422 Crushed and broken limestone;

38476

1427 Crushed and broken stone, not elsewhere classified;

38477

1442 Construction sand and gravel;

38478

1446 Industrial sand;

38479

3281 Cut stone and stone products;

38480

3295 Minerals and earth, ground or otherwise treated.

38481

(c) The fees established in the following schedule apply to	38482
the issuance of a permit to install pursuant to rules adopted	38483
under division (F) of section 3704.03 of the Revised Code for a	38484
process listed in division (B)(3)(b) of this section:	38485

(4) Storage tanks

38494

(5) Gasoline

38510

(6) Dry cleaning

38516

(7) Coal mining operations regulated under Chapter 1513. of	38523
the Revised Code shall be assessed a fee of two hundred fifty	38524
dollars per mine or location.Registration status	38525

(C)(1) Except as otherwise provided in division (C)(2) of	38530
this section, beginning July 1, 1994, each person who owns or	38531
operates an air contaminant source and who is required to apply	38532
for and obtain a Title V permit under section 3704.036 of the	38533
Revised Code shall pay the fees set forth in division (C)(1) of	38534
this section. For the purposes of that division, total emissions	38535
of air contaminants may be calculated using engineering	38536
calculations, emissions factors, material balance calculations, or	38537
performance testing procedures, as authorized by the director.	38538

The following fees shall be assessed on the total actual	38539
emissions from a source in tons per year of the regulated	38540
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	38541
organic compounds, and lead:	38542

(a) Fifteen dollars per ton on the total actual emissions of	38543
each such regulated pollutant during the period July through	38544
December 1993, to be collected no sooner than July 1, 1994;	38545

(b) Twenty dollars per ton on the total actual emissions of	38546
each such regulated pollutant during calendar year 1994, to be	38547
collected no sooner than April 15, 1995;	38548

(c) Twenty-five dollars per ton on the total actual emissions	38549
of each such regulated pollutant in calendar year 1995, and each	38550
subsequent calendar year, to be collected no sooner than the	38551
fifteenth day of April of the year next succeeding the calendar	38552
year in which the emissions occurred.	38553

The fees levied under division (C)(1) of this section do not	38554
apply to that portion of the emissions of a regulated pollutant at	38555
a facility that exceed four thousand tons during a calendar year.	38556

(2) The fees assessed under division (C)(1) of this section	38557
are for the purpose of providing funding for the Title V permit	38558
program.	38559

(3) The fees assessed under division (C)(1) of this section	38560
do not apply to emissions from any electric generating unit	38561
designated as a Phase I unit under Title IV of the federal Clean	38562
Air Act prior to calendar year 2000. Those fees shall be assessed	38563
on the emissions from such a generating unit commencing in	38564
calendar year 2001 based upon the total actual emissions from the	38565
generating unit during calendar year 2000 and shall continue to be	38566
assessed each subsequent calendar year based on the total actual	38567
emissions from the generating unit during the preceding calendar	38568
year.	38569

(4) The director shall issue invoices to owners or operators	38570
of air contaminant sources who are required to pay a fee assessed	38571
under division (C) or (D) of this section. Any such invoice shall	38572
be issued no sooner than the applicable date when the fee first	38573
may be collected in a year under the applicable division, shall	38574
identify the nature and amount of the fee assessed, and shall	38575
indicate that the fee is required to be paid within thirty days	38576
after the issuance of the invoice.	38577

(D)(1) Except as provided in division (D)(2)(3) of this	38578
section, beginningfrom January 1, 1994, through December 31,	38579
2003, each person who owns or operates an air contaminant source;	38580
who is required to apply for a permit to operate pursuant to rules	38581
adopted under division (G), or a variance pursuant to division	38582
(H), of section 3704.03 of the Revised Code; and who is not	38583
required to apply for and obtain a Title V permit under section	38584
3704.036 of the Revised Code shall pay a single fee based upon the	38585
sum of the actual annual emissions from the facility of the	38586
regulated pollutants particulate matter, sulfur dioxide, nitrogen	38587
oxides, organic compounds, and lead in accordance with the	38588
following schedule:	38589

(2) Except as provided in division (D)(3) of this section,	38596
beginning January 1, 2004, each person who owns or operates an air	38597
contaminant source; who is required to apply for a permit to	38598
operate pursuant to rules adopted under division (G), or a	38599
variance pursuant to division (H), of section 3704.03 of the	38600
Revised Code; and who is not required to apply for and obtain a	38601
Title V permit under section 3704.03 of the Revised Code shall pay	38602
a single fee based upon the sum of the actual annual emissions	38603
from the facility of the regulated pollutants particulate matter,	38604
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	38605
accordance with the following schedule:	38606

(3)(a) As used in division (D) of this section, "synthetic	38614
minor facility" means a facility for which one or more permits to	38615
install or permits to operate have been issued for the air	38616
contaminant sources at the facility that include terms and	38617
conditions that lower the facility's potential to emit air	38618
contaminants below the major source thresholds established in	38619
rules adopted under section 3704.036 of the Revised Code.	38620

(b) Beginning January 1, 2000, through June 30, 20042006,	38621
each person who owns or operates a synthetic minor facility shall	38622
pay an annual fee based on the sum of the actual annual emissions	38623
from the facility of particulate matter, sulfur dioxide, nitrogen	38624
dioxide, organic compounds, and lead in accordance with the	38625
following schedule:	38626

(3)(4) The fees assessed under division (D)(1) of this	38641
section shall be collected annually no sooner than the fifteenth	38642
day of April, commencing in 1995. The fees assessed under division	38643
(D)(2) of this section shall be collected annually no sooner than	38644
the fifteenth day of April, commencing in 2005. The fees assessed	38645
under division (D)(2)(3) of this section shall be collected no	38646
sooner than the fifteenth day of April, commencing in 2000. The	38647
fees assessed under division (D) of this section in a calendar	38648
year shall be based upon the sum of the actual emissions of those	38649
regulated pollutants during the preceding calendar year. For the	38650
purpose of division (D) of this section, emissions of air	38651
contaminants may be calculated using engineering calculations,	38652
emission factors, material balance calculations, or performance	38653
testing procedures, as authorized by the director. The director,	38654
by rule, may require persons who are required to pay the fees	38655
assessed under division (D) of this section to pay those fees	38656
biennially rather than annually.	38657

(E)(1) Consistent with the need to cover the reasonable costs	38658
of the Title V permit program, the director annually shall	38659
increase the fees prescribed in division (C)(1) of this section by	38660
the percentage, if any, by which the consumer price index for the	38661
most recent calendar year ending before the beginning of a year	38662
exceeds the consumer price index for calendar year 1989. Upon	38663
calculating an increase in fees authorized by division (E)(1) of	38664
this section, the director shall compile revised fee schedules for	38665
the purposes of division (C)(1) of this section and shall make the	38666
revised schedules available to persons required to pay the fees	38667
assessed under that division and to the public.	38668

(2) For the purposes of division (E)(1) of this section:

38669

(a) The consumer price index for any year is the average of	38670
the consumer price index for all urban consumers published by the	38671
United States department of labor as of the close of the	38672
twelve-month period ending on the thirty-first day of August of	38673
that year.	38674

(b) If the 1989 consumer price index is revised, the director	38675
shall use the revision of the consumer price index that is most	38676
consistent with that for calendar year 1989.	38677

(F) Each person who is issued a permit to install pursuant to	38678
rules adopted under division (F) of section 3704.03 of the Revised	38679
Code on or after January 1, 1994July 1, 2003, shall pay the fees	38680
specified in the following schedules:	38681

(1) Fuel-burning equipment (boilers, furnaces, or process	38682
heaters used in the process of burning fuel for the primary	38683
purpose of producing heat or power by indirect heat transfer)	38684

Units burning exclusively natural gas, number two fuel oil,	38694
or both shall be assessed a fee that is one-half the applicable	38695
amount shown in division (F)(1) of this section.	38696

(2) Combustion turbines and stationary internal combustion	38697
engines designed to generate electricity	38698

(3) Incinerators

38706

(3)(4)(a) Process

38713

In any process where process weight rate cannot be	38720
ascertained, the minimum fee shall be assessed. A boiler, furnace,	38721
combustion turbine, stationary internal combustion engine, or	38722
process heater designed to provide direct heat or power to a	38723
process not designed to generate electricity shall be assessed a	38724
fee established in division (F)(4)(a) of this section. A	38725
combustion turbine or stationary internal combustion engine	38726
designed to generate electricity shall be assessed a fee	38727
established in division (F)(2) of this section.	38728

(b) Notwithstanding division (F)(3)(a) of this section, any	38729
person issued a permit to install pursuant to rules adopted under	38730
division (F) of section 3704.03 of the Revised Code shall pay the	38731
fees set forth in division (F)(3)(c) of this section for a process	38732
used in any of the following industries, as identified by the	38733
applicable four-digit standard industrial classification code	38734
according to the Standard Industrial Classification Manual	38735
published by the United States office of management and budget in	38736
the executive office of the president, 1972, as revised:	38737

1211 Bituminous coal and lignite mining;

38738

1213 Bituminous coal and lignite mining services;

38739

1411 Dimension stone;

38740

1422 Crushed and broken limestone;

38741

1427 Crushed and broken stone, not elsewhere classified;

38742

1442 Construction sand and gravel;

38743

1446 Industrial sand;

38744

3281 Cut stone and stone products;

38745

3295 Minerals and earth, ground or otherwise treated.

38746

(c) The fees set forth in the following schedule apply to the	38747
issuance of a permit to install pursuant to rules adopted under	38748
division (F) of section 3704.03 of the Revised Code for a process	38749
identified in division (F)(3)(b) of this section:	38750

(4)(5) Storage tanks

38760

(5)(6) Gasoline/fuel dispensing facilities

38769

(6)(7) Dry cleaning facilities

38772

(7)(8) Registration status

38776

(G) An owner or operator who is responsible for an asbestos	38779
demolition or renovation project pursuant to rules adopted under	38780
section 3704.03 of the Revised Code shall pay the fees set forth	38781
in the following schedule:	38782

For purposes of this division, "unit" means any combination of	38787
linear feet or square feet equal to fifty.	38788

(H) A person who is issued an extension of time for a permit	38789
to install an air contaminant source pursuant to rules adopted	38790
under division (F) of section 3704.03 of the Revised Code shall	38791
pay a fee equal to one-half the fee originally assessed for the	38792
permit to install under this section, except that the fee for such	38793
an extension shall not exceed two hundred dollars.	38794

(I) A person who is issued a modification to a permit to	38795
install an air contaminant source pursuant to rules adopted under	38796
section 3704.03 of the Revised Code shall pay a fee equal to	38797
one-half of the fee that would be assessed under this section to	38798
obtain a permit to install the source. The fee assessed by this	38799
division only applies to modifications that are initiated by the	38800
owner or operator of the source and shall not exceed two thousand	38801
dollars.	38802

(J) Notwithstanding division (B) or (F) of this section, a	38803
person who applies for or obtains a permit to install pursuant to	38804
rules adopted under division (F) of section 3704.03 of the Revised	38805
Code after the date actual construction of the source began shall	38806
pay a fee for the permit to install that is equal to twice the fee	38807
that otherwise would be assessed under the applicable division	38808
unless the applicant received authorization to begin construction	38809
under division (W) of section 3704.03 of the Revised Code. This	38810
division only applies to sources for which actual construction of	38811
the source begins on or after July 1, 1993. The imposition or	38812
payment of the fee established in this division does not preclude	38813
the director from taking any administrative or judicial	38814
enforcement action under this chapter, Chapter 3704., 3714.,	38815
3734., or 6111. of the Revised Code, or a rule adopted under any	38816
of them, in connection with a violation of rules adopted under	38817
division (F) of section 3704.03 of the Revised Code.	38818

As used in this division, "actual construction of the source"	38819
means the initiation of physical on-site construction activities	38820
in connection with improvements to the source that are permanent	38821
in nature, including, without limitation, the installation of	38822
building supports and foundations and the laying of underground	38823
pipework.	38824

(K) Fifty cents per ton of each fee assessed under division	38825
(C) of this section on actual emissions from a source and received	38826
by the environmental protection agency pursuant to that division	38827
shall be deposited into the state treasury to the credit of the	38828
small business assistance fund created in section 3706.19 of the	38829
Revised Code. The remainder of the moneys received by the division	38830
pursuant to that division and moneys received by the agency	38831
pursuant to divisions (D), (F), (G), (H), (I), and (J) of this	38832
section shall be deposited in the state treasury to the credit of	38833
the clean air fund created in section 3704.035 of the Revised	38834
Code.	38835

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	38836
or (c) of this section, a person issued a water discharge permit	38837
or renewal of a water discharge permit pursuant to Chapter 6111.	38838
of the Revised Code shall pay a fee based on each point source to	38839
which the issuance is applicable in accordance with the following	38840
schedule:	38841

(b) Notwithstanding the fee schedule specified in division	38849
(L)(1)(a) of this section, the fee for a water discharge permit	38850
that is applicable to coal mining operations regulated under	38851
Chapter 1513. of the Revised Code shall be two hundred fifty	38852
dollars per mine.	38853

(c) Notwithstanding the fee schedule specified in division	38854
(L)(1)(a) of this section, the fee for a water discharge permit	38855
for a public discharger identified by I in the third character of	38856
the permittee's NPDES permit number shall not exceed seven hundred	38857
fifty dollars.	38858

(2) A person applying for a plan approval for a wastewater	38859
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	38860
of the Revised Code shall pay a fee of one hundred dollars plus	38861
sixty-five one-hundredths of one per cent of the estimated project	38862
cost through June 30, 20042006, and one hundred dollars plus	38863
two-tenths of one per cent of the estimated project cost on and	38864
after July 1, 20042006, except that the total fee shall not	38865
exceed fifteen thousand dollars through June 30, 20042006, and	38866
five thousand dollars on and after July 1, 20042006. The fee	38867
shall be paid at the time the application is submitted.	38868

(3) A person issued a modification of a water discharge	38869
permit shall pay a fee equal to one-half the fee that otherwise	38870
would be charged for a water discharge permit, except that the fee	38871
for the modification shall not exceed four hundred dollars.	38872

(4) A person who has entered into an agreement with the	38873
director under section 6111.14 of the Revised Code shall pay an	38874
administrative service fee for each plan submitted under that	38875
section for approval that shall not exceed the minimum amount	38876
necessary to pay administrative costs directly attributable to	38877
processing plan approvals. The director annually shall calculate	38878
the fee and shall notify all persons who have entered into	38879
agreements under that section, or who have applied for agreements,	38880
of the amount of the fee.	38881

(5)(a)(i) Not later than January 30, 20022004, and January	38882
30, 20032005, a person holding an NPDES discharge permit issued	38883
pursuant to Chapter 6111. of the Revised Code with an average	38884
daily discharge flow of five thousand gallons or more shall pay a	38885
nonrefundable annual discharge fee. Any person who fails to pay	38886
the fee at that time shall pay an additional amount that equals	38887
ten per cent of the required annual discharge fee.	38888

(ii) The billing year for the annual discharge fee	38889
established in division (L)(5)(a)(i) of this section shall consist	38890
of a twelve-month period beginning on the first day of January of	38891
the year preceding the date when the annual discharge fee is due.	38892
In the case of an existing source that permanently ceases to	38893
discharge during a billing year, the director shall reduce the	38894
annual discharge fee, including the surcharge applicable to	38895
certain industrial facilities pursuant to division (L)(5)(c) of	38896
this section, by one-twelfth for each full month during the	38897
billing year that the source was not discharging, but only if the	38898
person holding the NPDES discharge permit for the source notifies	38899
the director in writing, not later than the first day of October	38900
of the billing year, of the circumstances causing the cessation of	38901
discharge.	38902

(iii) The annual discharge fee established in division	38903
(L)(5)(a)(i) of this section, except for the surcharge applicable	38904
to certain industrial facilities pursuant to division (L)(5)(c) of	38905
this section, shall be based upon the average daily discharge flow	38906
in gallons per day calculated using first day of May through	38907
thirty-first day of October flow data for the period two years	38908
prior to the date on which the fee is due. In the case of NPDES	38909
discharge permits for new sources, the fee shall be calculated	38910
using the average daily design flow of the facility until actual	38911
average daily discharge flow values are available for the time	38912
period specified in division (L)(5)(a)(iii) of this section. The	38913
annual discharge fee may be prorated for a new source as described	38914
in division (L)(5)(a)(ii) of this section.	38915

(b) An NPDES permit holder that is a public discharger shall	38916
pay the fee specified in the following schedule:	38917

Public dischargers owning or operating two or more publicly	38932
owned treatment works serving the same political subdivision, as	38933
"treatment works" is defined in section 6111.01 of the Revised	38934
Code, and that serve exclusively political subdivisions having a	38935
population of fewer than one hundred thousand shall pay an annual	38936
discharge fee under division (L)(5)(b) of this section that is	38937
based on the combined average daily discharge flow of the	38938
treatment works.	38939

(c) An NPDES permit holder that is an industrial discharger,	38940
other than a coal mining operator identified by P in the third	38941
character of the permittee's NPDES permit number, shall pay the	38942
fee specified in the following schedule:	38943

In addition to the fee specified in the above schedule, an	38957
NPDES permit holder that is an industrial discharger classified as	38958
a major discharger during all or part of the annual discharge fee	38959
billing year specified in division (L)(5)(a)(ii) of this section	38960
shall pay a nonrefundable annual surcharge of seven thousand five	38961
hundred dollars not later than January 30, 20022004, and not	38962
later than January 30, 20032005. Any person who fails to pay the	38963
surcharge at that time shall pay an additional amount that equals	38964
ten per cent of the amount of the surcharge.	38965

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	38966
section, a public discharger identified by I in the third	38967
character of the permittee's NPDES permit number and an industrial	38968
discharger identified by I, J, L, V, W, X, Y, or Z in the third	38969
character of the permittee's NPDES permit number shall pay a	38970
nonrefundable annual discharge fee of one hundred eighty dollars	38971
not later than January 30, 20022004, and not later than January	38972
30, 20032005. Any person who fails to pay the fee at that time	38973
shall pay an additional amount that equals ten per cent of the	38974
required fee.	38975

(6) Each person obtaining a national pollutant discharge	38976
elimination system general or individual permit for municipal	38977
storm water discharge shall pay a nonrefundable storm water	38978
discharge fee of one hundred dollars per square mile of area	38979
permitted. The fee shall not exceed ten thousand dollars and shall	38980
be payable on or before January 30, 2004, and the thirtieth day of	38981
January of each year thereafter. Any person who fails to pay the	38982
fee on the date specified in division (L)(6) of this section shall	38983
pay an additional amount per year equal to ten per cent of the	38984
annual fee that is unpaid.	38985

(7) The director shall transmit all moneys collected under	38986
division (L) of this section to the treasurer of state for deposit	38987
into the state treasury to the credit of the surface water	38988
protection fund created in section 6111.038 of the Revised Code.	38989

(8) As used in division (L) of this section:

38990

(a) "NPDES" means the federally approved national pollutant	38991
discharge elimination system program for issuing, modifying,	38992
revoking, reissuing, terminating, monitoring, and enforcing	38993
permits and imposing and enforcing pretreatment requirements under	38994
Chapter 6111. of the Revised Code and rules adopted under it.	38995

(b) "Public discharger" means any holder of an NPDES permit	38996
identified by P in the second character of the NPDES permit number	38997
assigned by the director.	38998

(c) "Industrial discharger" means any holder of an NPDES	38999
permit identified by I in the second character of the NPDES permit	39000
number assigned by the director.	39001

(d) "Major discharger" means any holder of an NPDES permit	39002
classified as major by the regional administrator of the United	39003
States environmental protection agency in conjunction with the	39004
director.	39005

(M) Through June 30, 20042006, a person applying for a	39006
license or license renewal to operate a public water system under	39007
section 6109.21 of the Revised Code shall pay the appropriate fee	39008
established under this division at the time of application to the	39009
director. Any person who fails to pay the fee at that time shall	39010
pay an additional amount that equals ten per cent of the required	39011
fee. The director shall transmit all moneys collected under this	39012
division to the treasurer of state for deposit into the drinking	39013
water protection fund created in section 6109.30 of the Revised	39014
Code.	39015

FeesExcept as provided in division (M)(4) of this section,	39016
fees required under this division shall be calculated and paid in	39017
accordance with the following schedule:	39018

(1) For the initial license required under division (A)(1) of	39019
section 6109.21 of the Revised Code for any public water system	39020
that is a community water system as defined in section 6109.01 of	39021
the Revised Code, and for each license renewal required for such a	39022
system prior to January 31, 20042006, the fee is:	39023

A public water system may determine how it will pay the total	39039
amount of the fee calculated under division (M)(1) of this	39040
section, including the assessment of additional user fees that may	39041
be assessed on a volumetric basis.	39042

As used in division (M)(1) of this section, "service	39043
connection" means the number of active or inactive pipes,	39044
goosenecks, pigtails, and any other fittings connecting a water	39045
main to any building outlet.	39046

(2) For the initial license required under division (A)(2) of	39047
section 6109.21 of the Revised Code for any public water system	39048
that is not a community water system and serves a nontransient	39049
population, and for each license renewal required for such a	39050
system prior to January 31, 20042006, the fee is:	39051

As used in division (M)(2) of this section, "population	39063
served" means the total number of individuals receiving water from	39064
the water supply during a twenty-four-hour period for at least	39065
sixty days during any calendar year. In the absence of a specific	39066
population count, that number shall be calculated at the rate of	39067
three individuals per service connection.	39068

(3) For the initial license required under division (A)(3) of	39069
section 6109.21 of the Revised Code for any public water system	39070
that is not a community water system and serves a transient	39071
population, and for each license renewal required for such a	39072
system prior to January 31, 20042006, the fee is:	39073

As used in division (M)(3) of this section, "number of wells	39082
supplying system" means those wells that are physically connected	39083
to the plumbing system serving the public water system.	39084

(4) A public water system designated as using a surface water	39085
source shall pay a fee of seven hundred ninety-two dollars or the	39086
amount calculated under division (M)(1) or (2) of this section,	39087
whichever is greater.	39088

(N)(1) A person applying for a plan approval for a public	39089
water supply system under section 6109.07 of the Revised Code	39090
shall pay a fee of one hundred fifty dollars plus two-tenths	39091
thirty-five hundredths of one per cent of the estimated project	39092
cost, except that the total fee shall not exceed fifteentwenty	39093
thousand dollars through June 30, 20042006, and fivefifteen	39094
thousand dollars on and after July 1, 20042006. The fee shall be	39095
paid at the time the application is submitted.	39096

(2) A person who has entered into an agreement with the	39097
director under division (A)(2) of section 6109.07 of the Revised	39098
Code shall pay an administrative service fee for each plan	39099
submitted under that section for approval that shall not exceed	39100
the minimum amount necessary to pay administrative costs directly	39101
attributable to processing plan approvals. The director annually	39102
shall calculate the fee and shall notify all persons that have	39103
entered into agreements under that division, or who have applied	39104
for agreements, of the amount of the fee.	39105

(3) Through June 30, 20042006, the following fee, on a per	39106
survey basis, shall be charged any person for services rendered by	39107
the state in the evaluation of laboratories and laboratory	39108
personnel for compliance with accepted analytical techniques and	39109
procedures established pursuant to Chapter 6109. of the Revised	39110
Code for determining the qualitative characteristics of water:	39111

On and after July 1, 20042006, the following fee, on a per	39120
survey basis, shall be charged any such person:	39121

The fee for those services shall be paid at the time the request	39127
for the survey is made. Through June 30, 2004 2006, an individual	39128
laboratory shall not be assessed a fee under this division more	39129
than once in any three-year period unless the person requests the	39130
addition of analytical methods or analysts, in which case the	39131
person shall pay eighteen hundred dollars for each additional	39132
survey requested.	39133

As used in division (N)(3) of this section:

39134

(a) "MF" means microfiltration.

39135

(b) "MMO" means minimal medium ONPG.

39136

(c) "MUG" means 4-methylumbelliferyl-beta-D-glucuronide.

39137

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

39138

The director shall transmit all moneys collected under this	39139
division to the treasurer of state for deposit into the drinking	39140
water protection fund created in section 6109.30 of the Revised	39141
Code.	39142

(O) Any person applying to the director for examination for	39143
certification as an operator of a water supply system or	39144
wastewater system under Chapter 6109. or 6111. of the Revised	39145
Code, at the time the application is submitted, shall pay an	39146
application fee of twenty-five dollars through JuneNovember 30,	39147
2004, and ten dollars on and after July 1, 20042003. Upon	39148
approval from the director that the applicant is eligible to take	39149
the examination therefor, the applicant shall pay a fee in	39150
accordance with the following schedule through JuneNovember 30,	39151
20042003:	39152

On and after December 1, 2003, any person applying to the	39157
director for examination for certification as an operator of a	39158
water supply system or wastewater system under Chapter 6109. or	39159
6111. of the Revised Code, at the time the application is	39160
submitted, shall pay an application fee of forty-five dollars	39161
through November 30, 2006, and twenty-five dollars on and after	39162
December 1, 2006. Upon approval from the director that the	39163
applicant is eligible to take the examination therefor, the	39164
applicant shall pay a fee in accordance with the following	39165
schedule through November 30, 2006:	39166

On and after JulyDecember 1, 20042006, the applicant shall	39172
pay a fee in accordance with the following schedule:	39173

A person shall pay a biennial certification renewal fee for	39179
each applicable class of certification in accordance with the	39180
following schedule:	39181

If a certification renewal fee is received by the director	39187
more than thirty days, but not more than one year after the	39188
expiration date of the certification, the person shall pay a	39189
certification renewal fee in accordance with the following	39190
schedule:	39191

A person who requests a replacement certificate shall pay a	39197
fee of twenty-five dollars at the time the request is made.	39198

The director shall transmit all moneys collected under this	39199
division to the treasurer of state for deposit into the drinking	39200
water protection fund created in section 6109.30 of the Revised	39201
Code.	39202

(P) Through June 30, 2004, anyAny person submitting an	39203
application for an industrial water pollution control certificate	39204
under section 6111.31 of the Revised Code, as that section existed	39205
before its repeal by H.B. 95 of the 125th general assembly, shall	39206
pay a nonrefundable fee of five hundred dollars at the time the	39207
application is submitted. The director shall transmit all moneys	39208
collected under this division to the treasurer of state for	39209
deposit into the surface water protection fund created in section	39210
6111.038 of the Revised Code. A person paying a certificate fee	39211
under this division shall not pay an application fee under	39212
division (S)(1) of this section. On and after the effective date	39213
of this amendment, persons shall file such applications and pay	39214
the fee as required under sections 5709.20 to 5709.27 of the	39215
Revised Code, and proceeds from the fee shall be credited as	39216
provided in section 5709.212 of the Revised Code.	39217

(Q) Except as otherwise provided in division (R) of this	39218
section, a person issued a permit by the director for a new solid	39219
waste disposal facility other than an incineration or composting	39220
facility, a new infectious waste treatment facility other than an	39221
incineration facility, or a modification of such an existing	39222
facility that includes an increase in the total disposal or	39223
treatment capacity of the facility pursuant to Chapter 3734. of	39224
the Revised Code shall pay a fee of ten dollars per thousand cubic	39225
yards of disposal or treatment capacity, or one thousand dollars,	39226
whichever is greater, except that the total fee for any such	39227
permit shall not exceed eighty thousand dollars. A person issued a	39228
modification of a permit for a solid waste disposal facility or an	39229
infectious waste treatment facility that does not involve an	39230
increase in the total disposal or treatment capacity of the	39231
facility shall pay a fee of one thousand dollars. A person issued	39232
a permit to install a new, or modify an existing, solid waste	39233
transfer facility under that chapter shall pay a fee of two	39234
thousand five hundred dollars. A person issued a permit to install	39235
a new or to modify an existing solid waste incineration or	39236
composting facility, or an existing infectious waste treatment	39237
facility using incineration as its principal method of treatment,	39238
under that chapter shall pay a fee of one thousand dollars. The	39239
increases in the permit fees under this division resulting from	39240
the amendments made by Amended Substitute House Bill 592 of the	39241
117th general assembly do not apply to any person who submitted an	39242
application for a permit to install a new, or modify an existing,	39243
solid waste disposal facility under that chapter prior to	39244
September 1, 1987; any such person shall pay the permit fee	39245
established in this division as it existed prior to June 24, 1988.	39246
In addition to the applicable permit fee under this division, a	39247
person issued a permit to install or modify a solid waste facility	39248
or an infectious waste treatment facility under that chapter who	39249
fails to pay the permit fee to the director in compliance with	39250
division (V) of this section shall pay an additional ten per cent	39251
of the amount of the fee for each week that the permit fee is	39252
late.	39253

Permit and late payment fees paid to the director under this	39254
division shall be credited to the general revenue fund.	39255

(R)(1) A person issued a registration certificate for a scrap	39256
tire collection facility under section 3734.75 of the Revised Code	39257
shall pay a fee of two hundred dollars, except that if the	39258
facility is owned or operated by a motor vehicle salvage dealer	39259
licensed under Chapter 4738. of the Revised Code, the person shall	39260
pay a fee of twenty-five dollars.	39261

(2) A person issued a registration certificate for a new	39262
scrap tire storage facility under section 3734.76 of the Revised	39263
Code shall pay a fee of three hundred dollars, except that if the	39264
facility is owned or operated by a motor vehicle salvage dealer	39265
licensed under Chapter 4738. of the Revised Code, the person shall	39266
pay a fee of twenty-five dollars.	39267

(3) A person issued a permit for a scrap tire storage	39268
facility under section 3734.76 of the Revised Code shall pay a fee	39269
of one thousand dollars, except that if the facility is owned or	39270
operated by a motor vehicle salvage dealer licensed under Chapter	39271
4738. of the Revised Code, the person shall pay a fee of fifty	39272
dollars.	39273

(4) A person issued a permit for a scrap tire monocell or	39274
monofill facility under section 3734.77 of the Revised Code shall	39275
pay a fee of ten dollars per thousand cubic yards of disposal	39276
capacity or one thousand dollars, whichever is greater, except	39277
that the total fee for any such permit shall not exceed eighty	39278
thousand dollars.	39279

(5) A person issued a registration certificate for a scrap	39280
tire recovery facility under section 3734.78 of the Revised Code	39281
shall pay a fee of one hundred dollars.	39282

(6) A person issued a permit for a scrap tire recovery	39283
facility under section 3734.78 of the Revised Code shall pay a fee	39284
of one thousand dollars.	39285

(7) In addition to the applicable registration certificate or	39286
permit fee under divisions (R)(1) to (6) of this section, a person	39287
issued a registration certificate or permit for any such scrap	39288
tire facility who fails to pay the registration certificate or	39289
permit fee to the director in compliance with division (V) of this	39290
section shall pay an additional ten per cent of the amount of the	39291
fee for each week that the fee is late.	39292

(8) The registration certificate, permit, and late payment	39293
fees paid to the director under divisions (R)(1) to (7) of this	39294
section shall be credited to the scrap tire management fund	39295
created in section 3734.82 of the Revised Code.	39296

(S)(1) Except as provided by divisions (L), (M), (N), (O),	39297
(P), and (S)(2) of this section, division (A)(2) of section	39298
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	39299
and rules adopted under division (T)(1) of this section, any	39300
person applying for a registration certificate under section	39301
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	39302
variance, or plan approval under Chapter 3734. of the Revised Code	39303
shall pay a nonrefundable fee of fifteen dollars at the time the	39304
application is submitted.	39305

Except as otherwise provided, any person applying for a	39306
permit, variance, or plan approval under Chapter 6109. or 6111. of	39307
the Revised Code shall pay a nonrefundable fee of one hundred	39308
dollars at the time the application is submitted through June 30,	39309
20042006, and a nonrefundable fee of fifteen dollars at the time	39310
the application is submitted on and after July 1, 20042006.	39311
Through June 30, 20042006, any person applying for a national	39312
pollutant discharge elimination system permit under Chapter 6111.	39313
of the Revised Code shall pay a nonrefundable fee of two hundred	39314
dollars at the time of application for the permit. On and after	39315
July 1, 20042006, such a person shall pay a nonrefundable fee of	39316
fifteen dollars at the time of application.	39317

In addition to the application fee established under division	39318
(S)(1) of this section, any person applying for a national	39319
pollutant discharge elimination system general storm water	39320
construction permit shall pay a nonrefundable fee of twenty	39321
dollars per acre for each acre that is permitted above five acres	39322
at the time the application is submitted. However, the per acreage	39323
fee shall not exceed three hundred dollars. In addition, any	39324
person applying for a national pollutant discharge elimination	39325
system general storm water industrial permit shall pay a	39326
nonrefundable fee of one hundred fifty dollars at the time the	39327
application is submitted.	39328

The director shall transmit all moneys collected under	39329
division (S)(1) of this section pursuant to Chapter 6109. of the	39330
Revised Code to the treasurer of state for deposit into the	39331
drinking water protection fund created in section 6109.30 of the	39332
Revised Code.	39333

The director shall transmit all moneys collected under	39334
division (S)(1) of this section pursuant to Chapter 6111. of the	39335
Revised Code to the treasurer of state for deposit into the	39336
surface water protection fund created in section 6111.038 of the	39337
Revised Code.	39338

If a registration certificate is issued under section	39339
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	39340
the application fee paid shall be deducted from the amount of the	39341
registration certificate fee due under division (R)(1), (2), or	39342
(5) of this section, as applicable.	39343

If a person submits an electronic application for a	39344
registration certificate, permit, variance, or plan approval for	39345
which an application fee is established under division (S)(1) of	39346
this section, the person shall pay the applicable application fee	39347
as expeditiously as possible after the submission of the	39348
electronic application. An application for a registration	39349
certificate, permit, variance, or plan approval for which an	39350
application fee is established under division (S)(1) of this	39351
section shall not be reviewed or processed until the applicable	39352
application fee, and any other fees established under this	39353
division, are paid.	39354

(2) Division (S)(1) of this section does not apply to an	39355
application for a registration certificate for a scrap tire	39356
collection or storage facility submitted under section 3734.75 or	39357
3734.76 of the Revised Code, as applicable, if the owner or	39358
operator of the facility or proposed facility is a motor vehicle	39359
salvage dealer licensed under Chapter 4738. of the Revised Code.	39360

(T) The director may adopt, amend, and rescind rules in	39361
accordance with Chapter 119. of the Revised Code that do all of	39362
the following:	39363

(1) Prescribe fees to be paid by applicants for and holders	39364
of any license, permit, variance, plan approval, or certification	39365
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	39366
the Revised Code that are not specifically established in this	39367
section. The fees shall be designed to defray the cost of	39368
processing, issuing, revoking, modifying, denying, and enforcing	39369
the licenses, permits, variances, plan approvals, and	39370
certifications.	39371

The director shall transmit all moneys collected under rules	39372
adopted under division (T)(1) of this section pursuant to Chapter	39373
6109. of the Revised Code to the treasurer of state for deposit	39374
into the drinking water protection fund created in section 6109.30	39375
of the Revised Code.	39376

The director shall transmit all moneys collected under rules	39377
adopted under division (T)(1) of this section pursuant to Chapter	39378
6111. of the Revised Code to the treasurer of state for deposit	39379
into the surface water protection fund created in section 6111.038	39380
of the Revised Code.	39381

(2) Exempt the state and political subdivisions thereof,	39382
including education facilities or medical facilities owned by the	39383
state or a political subdivision, or any person exempted from	39384
taxation by section 5709.07 or 5709.12 of the Revised Code, from	39385
any fee required by this section;	39386

(3) Provide for the waiver of any fee, or any part thereof,	39387
otherwise required by this section whenever the director	39388
determines that the imposition of the fee would constitute an	39389
unreasonable cost of doing business for any applicant, class of	39390
applicants, or other person subject to the fee;	39391

(4) Prescribe measures that the director considers necessary	39392
to carry out this section.	39393

(U) When the director reasonably demonstrates that the direct	39394
cost to the state associated with the issuance of a permit to	39395
install, license, variance, plan approval, or certification	39396
exceeds the fee for the issuance or review specified by this	39397
section, the director may condition the issuance or review on the	39398
payment by the person receiving the issuance or review of, in	39399
addition to the fee specified by this section, the amount, or any	39400
portion thereof, in excess of the fee specified under this	39401
section. The director shall not so condition issuances for which	39402
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	39403
section.	39404

(V) Except as provided in divisions (L), (M), and (P) of this	39405
section or unless otherwise prescribed by a rule of the director	39406
adopted pursuant to Chapter 119. of the Revised Code, all fees	39407
required by this section are payable within thirty days after the	39408
issuance of an invoice for the fee by the director or the	39409
effective date of the issuance of the license, permit, variance,	39410
plan approval, or certification. If payment is late, the person	39411
responsible for payment of the fee shall pay an additional ten per	39412
cent of the amount due for each month that it is late.	39413

(W) As used in this section, "fuel-burning equipment,"	39414
"fuel-burning equipment input capacity," "incinerator,"	39415
"incinerator input capacity," "process," "process weight rate,"	39416
"storage tank," "gasoline dispensing facility," "dry cleaning	39417
facility," "design flow discharge," and "new source treatment	39418
works" have the meanings ascribed to those terms by applicable	39419
rules or standards adopted by the director under Chapter 3704. or	39420
6111. of the Revised Code.	39421

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	39422
and (J) of this section, and in any other provision of this	39423
section pertaining to fees paid pursuant to Chapter 3704. of the	39424
Revised Code:	39425

(1) "Facility," "federal Clean Air Act," "person," and "Title	39426
V permit" have the same meanings as in section 3704.01 of the	39427
Revised Code.	39428

(2) "Title V permit program" means the following activities	39429
as necessary to meet the requirements of Title V of the federal	39430
Clean Air Act and 40 C.F.R. part 70, including at least:	39431

(a) Preparing and adopting, if applicable, generally	39432
applicable rules or guidance regarding the permit program or its	39433
implementation or enforcement;	39434

(b) Reviewing and acting on any application for a Title V	39435
permit, permit revision, or permit renewal, including the	39436
development of an applicable requirement as part of the processing	39437
of a permit, permit revision, or permit renewal;	39438

(c) Administering the permit program, including the	39439
supporting and tracking of permit applications, compliance	39440
certification, and related data entry;	39441

(d) Determining which sources are subject to the program and	39442
implementing and enforcing the terms of any Title V permit, not	39443
including any court actions or other formal enforcement actions;	39444

(e) Emission and ambient monitoring;

39445

(f) Modeling, analyses, or demonstrations;

39446

(g) Preparing inventories and tracking emissions;

39447

(h) Providing direct and indirect support to small business	39448
stationary sources to determine and meet their obligations under	39449
the federal Clean Air Act pursuant to the small business	39450
stationary source technical and environmental compliance	39451
assistance program required by section 507 of that act and	39452
established in sections 3704.18, 3704.19, and 3706.19 of the	39453
Revised Code.	39454

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	39455
of this section, each sewage sludge facility shall pay a	39456
nonrefundable annual sludge fee equal to three dollars and fifty	39457
cents per dry ton of sewage sludge, including the dry tons of	39458
sewage sludge in materials derived from sewage sludge, that the	39459
sewage sludge facility treats or disposes of in this state. The	39460
annual volume of sewage sludge treated or disposed of by a sewage	39461
sludge facility shall be calculated using the first day of January	39462
through the thirty-first day of December of the calendar year	39463
preceding the date on which payment of the fee is due.	39464

(2)(a) Except as provided in division (Y)(2)(d) of this	39465
section, each sewage sludge facility shall pay a minimum annual	39466
sewage sludge fee of one hundred dollars.	39467

(b) The annual sludge fee required to be paid by a sewage	39468
sludge facility that treats or disposes of exceptional quality	39469
sludge in this state shall be thirty-five per cent less per dry	39470
ton of exceptional quality sludge than the fee assessed under	39471
division (Y)(1) of this section, subject to the following	39472
exceptions:	39473

(i) Except as provided in division (Y)(2)(d) of this section,	39474
a sewage sludge facility that treats or disposes of exceptional	39475
quality sludge shall pay a minimum annual sewage sludge fee of one	39476
hundred dollars.	39477

(ii) A sewage sludge facility that treats or disposes of	39478
exceptional quality sludge shall not be required to pay the annual	39479
sludge fee for treatment or disposal in this state of exceptional	39480
quality sludge generated outside of this state and contained in	39481
bags or other containers not greater than one hundred pounds in	39482
capacity.	39483

A thirty-five per cent reduction for exceptional quality	39484
sludge applies to the maximum annual fees established under	39485
division (Y)(3) of this section.	39486

(c) A sewage sludge facility that transfers sewage sludge to	39487
another sewage sludge facility in this state for further treatment	39488
prior to disposal in this state shall not be required to pay the	39489
annual sludge fee for the tons of sewage sludge that have been	39490
transferred. In such a case, the sewage sludge facility that	39491
disposes of the sewage sludge shall pay the annual sludge fee.	39492
However, the facility transferring the sewage sludge shall pay the	39493
one-hundred-dollar minimum fee required under division (Y)(2)(a)	39494
of this section.	39495

In the case of a sewage sludge facility that treats sewage	39496
sludge in this state and transfers it out of this state to another	39497
entity for disposal, the sewage sludge facility in this state	39498
shall be required to pay the annual sludge fee for the tons of	39499
sewage sludge that have been transferred.	39500

(d) A sewage sludge facility that generates sewage sludge	39501
resulting from an average daily discharge flow of less than five	39502
thousand gallons per day is not subject to the fees assessed under	39503
division (Y) of this section.	39504

(3) No sewage sludge facility required to pay the annual	39505
sludge fee shall be required to pay more than the maximum annual	39506
fee for each disposal method that the sewage sludge facility uses.	39507
The maximum annual fee does not include the additional amount that	39508
may be charged under division (Y)(5) of this section for late	39509
payment of the annual sludge fee. The maximum annual fee for the	39510
following methods of disposal of sewage sludge is as follows:	39511

(a) Incineration: five thousand dollars;

39512

(b) Preexisting land reclamation project or disposal in a	39513
landfill: five thousand dollars;	39514

(c) Land application, land reclamation, surface disposal, or	39515
any other disposal method not specified in division (Y)(3)(a) or	39516
(b) of this section: twenty thousand dollars.	39517

(4)(a) In the case of an entity that generates sewage sludge	39518
or a sewage sludge facility that treats sewage sludge and	39519
transfers the sewage sludge to an incineration facility for	39520
disposal, the incineration facility, and not the entity generating	39521
the sewage sludge or the sewage sludge facility treating the	39522
sewage sludge, shall pay the annual sludge fee for the tons of	39523
sewage sludge that are transferred. However, the entity or	39524
facility generating or treating the sewage sludge shall pay the	39525
one-hundred-dollar minimum fee required under division (Y)(2)(a)	39526
of this section.	39527

(b) In the case of an entity that generates sewage sludge and	39528
transfers the sewage sludge to a landfill for disposal or to a	39529
sewage sludge facility for land reclamation or surface disposal,	39530
the entity generating the sewage sludge, and not the landfill or	39531
sewage sludge facility, shall pay the annual sludge fee for the	39532
tons of sewage sludge that are transferred.	39533

(5) Not later than the first day of April of the calendar	39534
year following March 17, 2000, and each first day of April	39535
thereafter, the director shall issue invoices to persons who are	39536
required to pay the annual sludge fee. The invoice shall identify	39537
the nature and amount of the annual sludge fee assessed and state	39538
the first day of May as the deadline for receipt by the director	39539
of objections regarding the amount of the fee and the first day of	39540
July as the deadline for payment of the fee.	39541

Not later than the first day of May following receipt of an	39542
invoice, a person required to pay the annual sludge fee may submit	39543
objections to the director concerning the accuracy of information	39544
regarding the number of dry tons of sewage sludge used to	39545
calculate the amount of the annual sludge fee or regarding whether	39546
the sewage sludge qualifies for the exceptional quality sludge	39547
discount established in division (Y)(2)(b) of this section. The	39548
director may consider the objections and adjust the amount of the	39549
fee to ensure that it is accurate.	39550

If the director does not adjust the amount of the annual	39551
sludge fee in response to a person's objections, the person may	39552
appeal the director's determination in accordance with Chapter	39553
119. of the Revised Code.	39554

Not later than the first day of June, the director shall	39555
notify the objecting person regarding whether the director has	39556
found the objections to be valid and the reasons for the finding.	39557
If the director finds the objections to be valid and adjusts the	39558
amount of the annual sludge fee accordingly, the director shall	39559
issue with the notification a new invoice to the person	39560
identifying the amount of the annual sludge fee assessed and	39561
stating the first day of July as the deadline for payment.	39562

Not later than the first day of July, any person who is	39563
required to do so shall pay the annual sludge fee. Any person who	39564
is required to pay the fee, but who fails to do so on or before	39565
that date shall pay an additional amount that equals ten per cent	39566
of the required annual sludge fee.	39567

(6) The director shall transmit all moneys collected under	39568
division (Y) of this section to the treasurer of state for deposit	39569
into the surface water protection fund created in section 6111.038	39570
of the Revised Code. The moneys shall be used to defray the costs	39571
of administering and enforcing provisions in Chapter 6111. of the	39572
Revised Code and rules adopted under it that govern the use,	39573
storage, treatment, or disposal of sewage sludge.	39574

(7) Beginning in fiscal year 2001, and every two years	39575
thereafter, the director shall review the total amount of moneys	39576
generated by the annual sludge fees to determine if that amount	39577
exceeded six hundred thousand dollars in either of the two	39578
preceding fiscal years. If the total amount of moneys in the fund	39579
exceeded six hundred thousand dollars in either fiscal year, the	39580
director, after review of the fee structure and consultation with	39581
affected persons, shall issue an order reducing the amount of the	39582
fees levied under division (Y) of this section so that the	39583
estimated amount of moneys resulting from the fees will not exceed	39584
six hundred thousand dollars in any fiscal year.	39585

If, upon review of the fees under division (Y)(7) of this	39586
section and after the fees have been reduced, the director	39587
determines that the total amount of moneys collected and	39588
accumulated is less than six hundred thousand dollars, the	39589
director, after review of the fee structure and consultation with	39590
affected persons, may issue an order increasing the amount of the	39591
fees levied under division (Y) of this section so that the	39592
estimated amount of moneys resulting from the fees will be	39593
approximately six hundred thousand dollars. Fees shall never be	39594
increased to an amount exceeding the amount specified in division	39595
(Y)(7) of this section.	39596

Notwithstanding section 119.06 of the Revised Code, the	39597
director may issue an order under division (Y)(7) of this section	39598
without the necessity to hold an adjudicatory hearing in	39599
connection with the order. The issuance of an order under this	39600
division is not an act or action for purposes of section 3745.04	39601
of the Revised Code.	39602

(8) As used in division (Y) of this section:

39603

(a) "Sewage sludge facility" means an entity that performs	39604
treatment on or is responsible for the disposal of sewage sludge.	39605

(b) "Sewage sludge" means a solid, semi-solid, or liquid	39606
residue generated during the treatment of domestic sewage in a	39607
treatment works as defined in section 6111.01 of the Revised Code.	39608
"Sewage sludge" includes, but is not limited to, scum or solids	39609
removed in primary, secondary, or advanced wastewater treatment	39610
processes. "Sewage sludge" does not include ash generated during	39611
the firing of sewage sludge in a sewage sludge incinerator, grit	39612
and screenings generated during preliminary treatment of domestic	39613
sewage in a treatment works, animal manure, residue generated	39614
during treatment of animal manure, or domestic septage.	39615

(c) "Exceptional quality sludge" means sewage sludge that	39616
meets all of the following qualifications:	39617

(i) Satisfies the class A pathogen standards in 40 C.F.R.	39618
503.32(a);	39619

(ii) Satisfies one of the vector attraction reduction	39620
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	39621

(iii) Does not exceed the ceiling concentration limitations	39622
for metals listed in table one of 40 C.F.R. 503.13;	39623

(iv) Does not exceed the concentration limitations for metals	39624
listed in table three of 40 C.F.R. 503.13.	39625

(d) "Treatment" means the preparation of sewage sludge for	39626
final use or disposal and includes, but is not limited to,	39627
thickening, stabilization, and dewatering of sewage sludge.	39628

(e) "Disposal" means the final use of sewage sludge,	39629
including, but not limited to, land application, land reclamation,	39630
surface disposal, or disposal in a landfill or an incinerator.	39631

(f) "Land application" means the spraying or spreading of	39632
sewage sludge onto the land surface, the injection of sewage	39633
sludge below the land surface, or the incorporation of sewage	39634
sludge into the soil for the purposes of conditioning the soil or	39635
fertilizing crops or vegetation grown in the soil.	39636

(g) "Land reclamation" means the returning of disturbed land	39637
to productive use.	39638

(h) "Surface disposal" means the placement of sludge on an	39639
area of land for disposal, including, but not limited to,	39640
monofills, surface impoundments, lagoons, waste piles, or	39641
dedicated disposal sites.	39642

(i) "Incinerator" means an entity that disposes of sewage	39643
sludge through the combustion of organic matter and inorganic	39644
matter in sewage sludge by high temperatures in an enclosed	39645
device.	39646

(j) "Incineration facility" includes all incinerators owned	39647
or operated by the same entity and located on a contiguous tract	39648
of land. Areas of land are considered to be contiguous even if	39649
they are separated by a public road or highway.	39650

(k) "Annual sludge fee" means the fee assessed under division	39651
(Y)(1) of this section.	39652

(l) "Landfill" means a sanitary landfill facility, as defined	39653
in rules adopted under section 3734.02 of the Revised Code, that	39654
is licensed under section 3734.05 of the Revised Code.	39655

(m) "Preexisting land reclamation project" means a	39656
property-specific land reclamation project that has been in	39657
continuous operation for not less than five years pursuant to	39658
approval of the activity by the director and includes the	39659
implementation of a community outreach program concerning the	39660
activity.	39661

Sec. 3745.14.  (A) As used in this section:

39662

(1) "Compliance review" means the review of an application	39663
for a permit, renewal of a permit, or plan approval, or	39664
modification thereof, for an existing or proposed facility,	39665
source, or activity and the accompanying engineering plans,	39666
specifications, and materials and information that are submitted	39667
under Chapter 3704., 3734., 6109., or 6111. of the Revised Code	39668
and rules adopted under them for compliance with performance	39669
standards under the applicable chapter and rules adopted under it.	39670
"Compliance review" does not include the review of an application	39671
for a hazardous waste facility installation and operation permit	39672
or the renewal or modification of such a permit, a permit to	39673
establish or modify an infectious waste treatment facility, a	39674
permit to install a solid waste incineration facility that also	39675
would treat infectious wastes, or a permit to modify a solid waste	39676
incineration facility to also treat infectious wastes under	39677
Chapter 3734. of the Revised Code.	39678

(2) "Engineer" includes both of the following:

39679

(a) A professional engineer registered under Chapter 4733. of	39680
the Revised Code;	39681

(b) A firm, partnership, association, or corporation	39682
providing engineering services in this state in compliance with	39683
Chapter 4733. of the Revised Code.	39684

(B) The director of environmental protection, in accordance	39685
with Chapter 119. of the Revised Code, shall adopt, and may amend	39686
and rescind, rules establishing a program for the certification of	39687
engineers to conduct compliance reviews. The rules, at a minimum,	39688
shall do all of the following:	39689

(1) Require that the program be administered by the director;

39690

(2) Establish eligibility criteria for certification to	39691
conduct compliance reviews;	39692

(3) Establish criteria for denying, suspending, and revoking	39693
certifications and renewals of certifications issued pursuant to	39694
rules adopted under division (B) of this section;	39695

(4) Require the periodic renewal of certifications issued	39696
pursuant to rules adopted under division (B) of this section;	39697

(5) Establish an application fee and fee for issuance for	39698
certifications under this section. The fees shall be established	39699
at a level calculated to defray the costs to the environmental	39700
protection agency for administering the certification program	39701
established by rules adopted under division (B) of this section.	39702
All such application and certification fees received by the	39703
director shall be deposited into the state treasury to the credit	39704
of the permit review fund created in division (E) of this section.	39705

(C) The director shall maintain a current list of all	39706
engineers who are certified to conduct compliance reviews pursuant	39707
to rules adopted under this section. The list shall indicate the	39708
types of permits, permit renewals, and plan approvals that each	39709
engineer is certified to review and the types or categories of	39710
facilities, sources, or activities in connection with which the	39711
engineer is certified to conduct the reviews. Upon request, the	39712
director shall provide a copy of the list to anyone requesting it.	39713

(D) An applicant for a permit, renewal of a permit, plan	39714
approval, or modification thereof, under Chapter 3704., 3734.,	39715
6109., or 6111. of the Revised Code and applicable rules adopted	39716
under them, other than a hazardous waste facility installation and	39717
operation permit or renewal or modification of such a permit, a	39718
permit to establish or modify an infectious waste treatment	39719
facility, a permit to install a solid waste incineration facility	39720
that also would treat infectious wastes, or a permit to modify a	39721
solid waste incineration facility to also treat infectious wastes	39722
under Chapter 3734. of the Revised Code, may submit a written	39723
request to the director to have the compliance review conducted by	39724
an engineer certified under this section. The request shall	39725
accompany the permit application, shall indicate the applicant's	39726
choice from among the certified engineers on the director's list	39727
who are qualified to conduct the compliance review, shall be	39728
accompanied by separate certifications by the applicant and the	39729
engineer indicating that the applicant does not have and has not	39730
had during the preceding two years a financial interest in the	39731
engineer and has not employed or retained the engineer to perform	39732
services for the applicant during the preceding two years, and may	39733
be accompanied by a draft proposal for conducting the compliance	39734
review that was developed by the applicant and the engineer. No	39735
such draft proposal is binding upon the director.	39736

Within seven days after receiving a request under this	39737
division, the director shall do all of the following, as	39738
appropriate:	39739

(1) In the director's discretion, approve or disapprove the	39740
applicant's request to have the compliance review of the	39741
application conducted by an engineer on the list of certified	39742
engineers prepared under this section;	39743

(2) If the director approves the conducting of the compliance	39744
review by such a certified engineer, approve or disapprove, in the	39745
director's discretion, the applicant's choice of the engineer;	39746

(3) Mail written notice of decisions made under divisions	39747
(D)(1) and (2) of this section to the applicant.	39748

If the director fails to mail notice of the director's	39749
decisions on the request to the applicant within seven days after	39750
receiving the request, it is conclusively presumed that the	39751
director approved the applicant's request to have the compliance	39752
review conducted by a certified engineer and the applicant's	39753
choice of the engineer, and the director shall enter into a	39754
contract with the engineer chosen by the applicant. If the	39755
director disapproves the applicant's choice of an engineer and	39756
provides timely notice of the disapproval to the applicant, the	39757
director and applicant, by mutual agreement, shall select another	39758
engineer from the list prepared under this section to conduct the	39759
compliance review, and the director shall enter into a contract	39760
with that engineer.	39761

(E) The director may enter into contracts for conducting	39762
performance reviews under division (D) of this section without	39763
advertising for bids. The commencement of any work under such a	39764
contract shall be contingent upon the director's receipt of	39765
payment from the applicant of an amount that is equal to one	39766
hundred ten per cent of the amount specified in the contract,	39767
excluding contingencies for any additional work that may be needed	39768
to properly complete the review and that was not anticipated when	39769
the contract was made. Moneys received by the director from an	39770
applicant shall be deposited into the permit review fund, which is	39771
hereby created in the state treasury. The director shall use	39772
moneys in the fund to pay the cost of compliance reviews conducted	39773
pursuant to contracts entered into under division (D) of this	39774
section and to administer the certification program established	39775
under division (B) of this section. The director may use any	39776
moneys in the fund not needed for those purposes to administer the	39777
environmental laws or programs of this state.	39778

If, while conducting a compliance review, the engineer finds	39779
that work in addition to that upon which the cost under the	39780
contract was based, or any additional work previously authorized	39781
under this division, is needed to properly review the application	39782
and accompanying information for compliance with the applicable	39783
performance standards, the engineer shall notify the director of	39784
that fact and of the cost of the additional work, as determined	39785
pursuant to the terms of the contract. If the director finds that	39786
the additional work is needed and that the costs of performing the	39787
work have been determined in accordance with the terms of the	39788
contract, the director shall authorize the contractor to perform	39789
the work. Upon completion of the additional work, the contractor	39790
shall submit to the director an invoice for the cost of performing	39791
the additional work, and the director shall forward a copy of the	39792
invoice to the applicant. The applicant is liable to the state for	39793
an amount equal to one hundred ten per cent of the cost of	39794
performing the additional work and, within thirty days after	39795
receiving a copy of the invoice, shall pay to the director an	39796
amount equal to one hundred ten per cent of the amount indicated	39797
on the invoice. Upon receiving this payment, the director shall	39798
forward the moneys to the treasurer of state, who shall deposit	39799
them into the state treasury to the credit of the permit review	39800
fund.	39801

Until the applicant pays to the director the amount due in	39802
connection with the additional work, the director shall not issue	39803
to the applicant any permit, renewal of a permit, or plan	39804
approval, or modification thereof, for which an application is	39805
pending before the director. The director also may certify the	39806
unpaid amount to the attorney general and request that the	39807
attorney general bring a civil action against the applicant to	39808
recover that amount. Any moneys so recovered shall be deposited	39809
into the state treasury to the credit of the permit review fund.	39810

(F) Upon completing a compliance review conducted under this	39811
section, the engineer shall make a certification to the director	39812
as to whether the existing or proposed facility, source, activity,	39813
or modification will comply with the applicable performance	39814
standards. If the certification indicates that the existing or	39815
proposed facility, source, activity, or modification will not	39816
comply, the engineer shall include in the certification the	39817
engineer's findings as to the causes of the noncompliance.	39818

(G) When a compliance review is conducted by an engineer	39819
certified under this section, the other activities in connection	39820
with the consideration, approval, and issuance of the permit,	39821
renewal of the permit, or plan approval, or modification thereof,	39822
shall be conducted by the director or, when applicable, the	39823
hazardous waste facility board established in section 3734.05 of	39824
the Revised Code, in accordance with the applicable provisions of	39825
Chapter 3704., 3734., 6109., or 6111. of the Revised Code and	39826
rules adopted under the applicable chapter.	39827

(H) All expenses incurred by the attorney general in bringing	39828
a civil action under this section shall be reimbursed from the	39829
permit review fund in accordance with Chapter 109. of the Revised	39830
Code.	39831

Sec. 3745.40. (A) There is hereby created the clean Ohio	39832
operating fund consisting of moneys credited to the fund in	39833
accordance with this section. The fund shall be used to pay the	39834
costs incurred by the director of environmental protection	39835
pursuant to sections 122.65 to 122.658 of the Revised Code.	39836
Investment earnings of the fund shall be credited to the fund. For	39837
two years after the effective date of this section, investment	39838
earnings credited to the fundand may be used to pay	39839
administrative costs incurred by the director pursuant to those	39840
sections.	39841

(B) Notwithstanding section 3746.16 of the Revised Code, upon	39842
the request of the director of environmental protection, the	39843
director of development shall certify to the director of budget	39844
and management the amount of excess investment earnings that are	39845
available to be transferred from the clean Ohio revitalization	39846
fund created in section 122.658 of the Revised Code to the clean	39847
Ohio operating fund. Upon certification, the director of budget	39848
and management may transfer from the clean Ohio revitalization	39849
fund to the clean Ohio operating fund an amount not exceeding the	39850
amount of the annual appropriation to the clean Ohio operating	39851
fund.	39852

Sec. 3746.02.  (A) Nothing in this chapter applies to any of	39853
the following:	39854

(1) Property for which a voluntary action under this chapter	39855
is precluded by federal law or regulations adopted under federal	39856
law, including, without limitation, any of the following federal	39857
laws or regulations adopted thereunder:	39858

(a) The "Federal Water Pollution Control Act Amendments of	39859
1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended;	39860

(b) The "Resource Conservation and Recovery Act of 1976," 90	39861
Stat. 2806, 42 U.S.C.A. 6921, as amended;	39862

(c) The "Toxic Substances Control Act," 90 Stat. 2003 (1976),	39863
15 U.S.C.A. 2601, as amended;	39864

(d) The "Comprehensive Environmental Response, Compensation,	39865
and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9601, as	39866
amended;	39867

(e) The "Safe Drinking Water Act," 88 Stat. 1661 (1974), 42	39868
U.S.C.A. 300(f), as amended.	39869

(2) Those portions of property where closure of a hazardous	39870
waste facility or solid waste facility is required under Chapter	39871
3734. of the Revised Code or rules adopted under it;	39872

(3) Property or properties regardless of ownership that are	39873
subject to remediation rules adopted under the authority of the	39874
division of fire marshal in the department of commerce, including	39875
public safety or under the authority of the superintendent of	39876
industrial compliance under remediation rules adopted under	39877
sections 3737.88, 3737.882, and 3737.889 of the Revised Code;	39878

(4) Property that is subject to Chapter 1509. of the Revised	39879
Code;	39880

(5) Any other property if the director of environmental	39881
protection has issued a letter notifying the owner or operator of	39882
the property that hethe director will issue an enforcement order	39883
under Chapter 3704., 3734., or 6111. of the Revised Code, a	39884
release or threatened release of a hazardous substance or	39885
petroleum from or at the property poses a substantial threat to	39886
public health or safety or the environment, and the person subject	39887
to the order does not present sufficient evidence to the director	39888
that hethe person has entered into the voluntary action program	39889
under this chapter and is proceeding expeditiously to address that	39890
threat. For the purposes of this division, the evidence	39891
constituting sufficient evidence of entry into the voluntary	39892
action program under this chapter shall be defined by the director	39893
by rules adopted under section 3746.04 of the Revised Code. Until	39894
such time as the director has adopted those rules, the director,	39895
at a minimum, shall consider the existence of a contract with a	39896
certified professional to appropriately respond to the threat	39897
named in the director's letter informing the person of histhe	39898
director's intent to issue an enforcement order and the	39899
availability of financial resources to complete the contract to be	39900
sufficient evidence of entry into the program.	39901

(B) The application of any provision of division (A) of this	39902
section to a portion of property does not preclude participation	39903
in the voluntary action program under this chapter in connection	39904
with other portions of the property where those provisions do not	39905
apply.	39906

(C) As used in this section, "property" means any parcel of	39907
real property, or portion thereof, and any improvements thereto.	39908

Sec. 3746.13.  (A) For property that does not involve the	39909
issuance of a consolidated standards permit under section 3746.15	39910
of the Revised Code and where no engineering or institutional	39911
controls are used to comply with applicable standards, the	39912
director of environmental protection shall issue a covenant not to	39913
sue pursuant to section 3746.12 of the Revised Code by issuance of	39914
an order as a final action under Chapter 3745. of the Revised Code	39915
within thirty days after the director receives the no further	39916
action letter for the property and accompanying verification from	39917
the certified professional who prepared the letter under section	39918
3746.11 of the Revised Code.	39919

(B) For property that involves the issuance of a consolidated	39920
standards permit under section 3746.15 of the Revised Code or	39921
where engineering or institutional controls are used to comply	39922
with applicable standards, the director shall issue a covenant not	39923
to sue by issuance of an order as a final action under Chapter	39924
3745. of the Revised Code within ninety days after the director	39925
receives the no further action letter for the property and	39926
accompanying verification from the certified professional who	39927
prepared the letter.	39928

(C) Except as provided in division (D) of this section, each	39929
person who is issued a covenant not to sue under this section	39930
shall pay the fee established pursuant to rules adopted under	39931
division (B)(8) of section 3746.04 of the Revised Code. Until	39932
those rules become effective, each person who is issued a covenant	39933
not to sue shall pay a fee of two thousand dollars. The fee shall	39934
be paid to the director at the time that the no further action	39935
letter and accompanying verification are submitted to the	39936
director.	39937

(D) An applicant, as defined in section 122.65 of the Revised	39938
Code, who has entered into an agreement under section 122.653 of	39939
the Revised Code and who is issued a covenant not to sue under	39940
this section shall not be required to pay the fee for the issuance	39941
of a covenant not to sue established in rules adopted under	39942
division (B)(8) of section 3746.04 of the Revised Code.	39943

Sec. 3747.16.  (A) As provided in division (A)(17) of section	39944
3747.06 of the Revised Code, the staff of the board of directors	39945
of the Ohio low-level radioactive waste facility development	39946
authority shall negotiate with the legislative authority of the	39947
host community for the purpose of developing a compensation	39948
agreement. The agreement shall include compensation for all of the	39949
following:	39950

(1) Replacement of lost tax revenue due to public ownership	39951
of any property based on the amount of tax revenue that would have	39952
been received if the property had not been acquired by the	39953
authority on behalf of the state for use as a disposal site;	39954

(2) Improvements in the public infrastructure necessary to	39955
support development and operation of the facility;	39956

(3) The hiring of employees to address the increased	39957
administrative workload resulting from siting the facility in the	39958
host community and to establish a local public information	39959
program;	39960

(4) Enhanced emergency response capability, including,	39961
without limitation, personnel and equipment;	39962

(5) The hiring of an independent, qualified inspector to be	39963
located at the facility during the period of construction and	39964
operation, with continuing responsibility to monitor all	39965
activities associated with closure, institutional control, and	39966
long-term care;	39967

(6) Compensation for additional direct impacts not identified	39968
in divisions (A)(1) to (5) of this section that may result from	39969
siting the facility in the host community.	39970

Following the negotiations, the board shall approve, approve	39971
with modifications requested by the board, or disapprove the	39972
agreement in accordance with division (A)(17) of section 3747.06	39973
of the Revised Code. If the staff of the board and the legislative	39974
authority of the host community fail to agree on a compensation	39975
agreement, the board shall submit the matter for resolution to the	39976
Ohio commission on dispute resolution and conflict management	39977
created in Chapter 179. of the Revised Code.	39978

(B)(1) In addition to entering into an agreement with the	39979
board for compensation for direct impacts, the host community may	39980
negotiate a benefits agreement with the staff of the board. In	39981
accordance with division (A)(17) of section 3747.06 of the Revised	39982
Code, the board shall approve, approve with modifications	39983
requested by the board, or disapprove any such agreement.	39984

(2) The legislative authority of the host community may	39985
request the board to establish epidemiological health studies in	39986
the host community in accordance with division (A)(18) of section	39987
3747.06 of the Revised Code.	39988

(C) An affected community may petition the board for	39989
compensation for direct impacts on that community. The staff of	39990
the board shall negotiate any such agreement, and the board shall	39991
approve, approve with modifications requested by the board, or	39992
disapprove the agreement in accordance with division (A)(17) of	39993
section 3747.06 of the Revised Code.	39994

(D) At any time after final determination of licensure of the	39995
facility and until the expiration of the first five years that the	39996
facility is in operation, a property owner within the host	39997
community or an affected community who is selling or attempting to	39998
sell the property owner's property and who can demonstrate to the	39999
board that the property has been devalued as a direct result of	40000
the siting of the facility in the host community may petition the	40001
board for compensation or for the purchase of the property in	40002
accordance with rules adopted under division (A)(13) of section	40003
3747.07 of the Revised Code.	40004

Sec. 3748.07.  (A) Every facility that proposes to handle	40005
radioactive material or radiation-generating equipment for which	40006
licensure or registration, respectively, by its handler is	40007
required shall apply in writing to the director of health on forms	40008
prescribed and provided by the director for licensure or	40009
registration. Terms and conditions of licenses and certificates of	40010
registration may be amended in accordance with rules adopted under	40011
section 3748.04 of the Revised Code or orders issued by the	40012
director pursuant to section 3748.05 of the Revised Code.	40013

(B) Until rules are adopted under section 3748.04 of the	40014
Revised Code, an application for a certificate of registration	40015
shall be accompanied by a biennial registration fee of onetwo	40016
hundred sixty dollars. On and after the effective date of those	40017
rules, an applicant for a license, registration certificate, or	40018
renewal of either shall pay the appropriate fee established in	40019
those rules.	40020

All fees collected under this section shall be deposited in	40021
the state treasury to the credit of the general operations fund	40022
created in section 3701.83 of the Revised Code. The fees shall be	40023
used solely to administer and enforce this chapter and rules	40024
adopted under it.	40025

Any fee required under this section that has not been paid	40026
within ninety days after the invoice date shall be assessed at two	40027
times the original invoiced fee. Any fee that has not been paid	40028
within one hundred eighty days after the invoice date shall be	40029
assessed at five times the original invoiced fee.	40030

(C) The director shall grant a license or registration to any	40031
applicant who has paid the required fee and is in compliance with	40032
this chapter and rules adopted under it.	40033

Until rules are adopted under section 3748.04 of the Revised	40034
Code, certificates of registration shall be effective for two	40035
years from the date of issuance. On and after the effective date	40036
of those rules, licenses and certificates of registration shall be	40037
effective for the applicable period established in those rules.	40038
Licenses and certificates of registration shall be renewed in	40039
accordance with the standard renewal procedure established in	40040
Chapter 4745. of the Revised Code.	40041

Sec. 3748.13.  (A) The director of health shall inspect	40042
sources of radiation for which licensure or registration by the	40043
handler is required, and the sources' shielding and surroundings,	40044
according to the schedule established in rules adopted under	40045
division (D) of section 3748.04 of the Revised Code. In accordance	40046
with rules adopted under that section, the director shall inspect	40047
all records and operating procedures of handlers that install	40048
sources of radiation and all sources of radiation for which	40049
licensure of radioactive material or registration of	40050
radiation-generating equipment by the handler is required. The	40051
director may make other inspections upon receiving complaints or	40052
other evidence of violation of this chapter or rules adopted under	40053
it.	40054

The director shall require any hospital registered under	40055
division (A) of section 3701.07 of the Revised Code to develop and	40056
maintain a quality assurance program for all sources of	40057
radiation-generating equipment. A certified radiation expert shall	40058
conduct oversight and maintenance of the program and shall file a	40059
report of audits of the program with the director on forms	40060
prescribed by the director. The audit reports shall become part of	40061
the inspection record.	40062

(B) Until rules are adopted under division (A)(8) of section	40063
3748.04 of the Revised Code, a facility shall pay inspection fees	40064
according to the following schedule and categories:	40065

Until rules are adopted under division (A)(8) of section	40074
3748.04 of the Revised Code, the fee for an inspection to	40075
determine whether violations cited in a previous inspection have	40076
been corrected is fifty per cent of the fee applicable under the	40077
schedule in this division. Until those rules are adopted, the fee	40078
for the inspection of a facility that is not licensed or	40079
registered and for which no license or registration application is	40080
pending at the time of inspection is twothree hundred ninety	40081
sixty-three dollars plus the fee applicable under the schedule in	40082
this division.	40083

The director may conduct a review of shielding plans or the	40084
adequacy of shielding on the request of a licensee or registrant	40085
or an applicant for licensure or registration or during an	40086
inspection when the director considers a review to be necessary.	40087
Until rules are adopted under division (A)(8) of section 3748.04	40088
of the Revised Code, the fee for the review is fourfive hundred	40089
sixty-sixeighty-three dollars for each room where a source of	40090
radiation is used and is in addition to any other fee applicable	40091
under the schedule in this division.	40092

All fees shall be paid to the department of health no later	40093
than thirty days after the invoice for the fee is mailed. Fees	40094
shall be deposited in the general operations fund created in	40095
section 3701.83 of the Revised Code. The fees shall be used solely	40096
to administer and enforce this chapter and rules adopted under it.	40097

Any fee required under this section that has not been paid	40098
within ninety days after the invoice date shall be assessed at two	40099
times the original invoiced fee. Any fee that has not been paid	40100
within one hundred eighty days after the invoice date shall be	40101
assessed at five times the original invoiced fee.	40102

(C) If the director determines that a board of health of a	40103
city or general health district is qualified to conduct	40104
inspections of radiation-generating equipment, the director may	40105
delegate to the board, by contract, the authority to conduct such	40106
inspections. In making a determination of the qualifications of a	40107
board of health to conduct those inspections, the director shall	40108
evaluate the credentials of the individuals who are to conduct the	40109
inspections of radiation-generating equipment and the radiation	40110
detection and measuring equipment available to them for that	40111
purpose. If a contract is entered into, the board shall have the	40112
same authority to make inspections of radiation-generating	40113
equipment as the director has under this chapter and rules adopted	40114
under it. The contract shall stipulate that only individuals	40115
approved by the director as qualified shall be permitted to	40116
inspect radiation-generating equipment under the contract's	40117
provisions. The contract shall provide for such compensation for	40118
services as is agreed to by the director and the board of health	40119
of the contracting health district. The director may reevaluate	40120
the credentials of the inspection personnel and their radiation	40121
detecting and measuring equipment as often as the director	40122
considers necessary and may terminate any contract with the board	40123
of health of any health district that, in the director's opinion,	40124
is not satisfactorily performing the terms of the contract.	40125

(D) The director may enter at all reasonable times upon any	40126
public or private property to determine compliance with this	40127
chapter and rules adopted under it.	40128

Sec. 3769.087.  (A) In addition to the commission of eighteen	40129
per cent retained by each permit holder as provided in section	40130
3769.08 of the Revised Code, each permit holder shall retain an	40131
additional amount equal to four per cent of the total of all	40132
moneys wagered on each racing day on all wagering pools other than	40133
win, place, and show, of which amount retained an amount equal to	40134
three per cent of the total of all moneys wagered on each racing	40135
day on those pools shall be paid by check, draft, or money order	40136
to the tax commissioner, as a tax. Subject to the restrictions	40137
contained in divisions (B), (C), and (M) of section 3769.08 of the	40138
Revised Code, from such additional moneys paid to the tax	40139
commissioner:	40140

(1) Four-sixths shall be allocated to fund distribution as	40141
provided in division (M) of section 3769.08 of the Revised Code.	40142

(2) One-twelfth shall be paid into the Ohio fairs fund	40143
created by section 3769.082 of the Revised Code.	40144

(3) One-twelfth of the additional moneys paid to the tax	40145
commissioner by thoroughbred racing permit holders shall be paid	40146
into the Ohio thoroughbred race fund created by section 3769.083	40147
of the Revised Code.	40148

(4) One-twelfth of the additional moneys paid to the tax	40149
commissioner by harness horse racing permit holders shall be paid	40150
to the Ohio standardbred development fund created by section	40151
3769.085 of the Revised Code.	40152

(5) One-twelfth of the additional moneys paid to the tax	40153
commissioner by quarter horse racing permit holders shall be paid	40154
to the Ohio quarter horse development fund created by section	40155
3769.086 of the Revised Code.	40156

(6) One-sixth shall be paid into the state racing commission	40157
operating fund created by section 3769.03 of the Revised Code.	40158

The remaining one per cent that is retained of the total of	40159
all moneys wagered on each racing day on all pools other than win,	40160
place, and show, shall be retained by racing permit holders, and,	40161
except as otherwise provided in section 3769.089 of the Revised	40162
Code, racing permit holders shall use one-half for purse money and	40163
retain one-half.	40164

(B) In addition to the commission of eighteen per cent	40165
retained by each permit holder as provided in section 3769.08 of	40166
the Revised Code and the additional amount retained by each permit	40167
holder as provided in division (A) of this section, each permit	40168
holder shall retain an additional amount equal to one-half of one	40169
per cent of the total of all moneys wagered on each racing day on	40170
all wagering pools other than win, place, and show. FromExcept as	40171
provided in division (C) of this section, from the additional	40172
amount retained under this division, each permit holder shall	40173
retain an amount equal to one-quarter of one per cent of the total	40174
of all moneys wagered on each racing day on all pools other than	40175
win, place, and show and shall pay that amount by check, draft, or	40176
money order to the tax commissioner, as a tax. The tax	40177
commissioner shall pay the amount of the tax received under this	40178
division to the state racing commission operating fund created by	40179
section 3769.03 of the Revised Code.	40180

TheExcept as provided in division (C) of this section, the	40181
remaining one-quarter of one per cent that is retained from the	40182
total of all moneys wagered on each racing day on all pools other	40183
than win, place, and show shall be retained by the permit holder,	40184
and the permit holder shall use one-half for purse money and	40185
retain one-half.	40186

(C) During the period commencing on July 1, 2003, and ending	40187
on and including June 30, 2005, the additional amount retained by	40188
each permit holder under division (B) of this section shall be	40189
paid by check, draft, or money order to the tax commissioner, as a	40190
tax. The tax commissioner shall pay the amount of the tax received	40191
under this division to the state racing commission operating fund	40192
created by section 3769.03 of the Revised Code.	40193

Sec. 3770.07.  (A)(1) Lottery prize awards shall be claimed	40194
by the holder of the winning lottery ticket, or by the executor or	40195
administrator, or the trustee of a trust, of the estate of a	40196
deceased holder of a winning ticket, in a manner to be determined	40197
by the state lottery commission, within one hundred eighty days	40198
after the date on which such prize award was announced if the	40199
lottery game is an on-line game, and within one hundred eighty	40200
days after the close of the game if the lottery game is an instant	40201
game. Except as otherwise provided in division (B) of this	40202
section, ifIf no valid claim to the prize award is made within	40203
the prescribed period, the prize money or the cost of goods and	40204
services awarded as prizes, or if such goods or services are	40205
resold by the commission, the proceeds from such sale, shall be	40206
returned to the state lottery fund and distributed in accordance	40207
with section 3770.06 of the Revised Code.	40208

(2)(B) If a prize winner, as defined in section 3770.10 of	40209
the Revised Code, is under eighteen years of age, or is under some	40210
other legal disability, and the prize money or the cost of goods	40211
or services awarded as a prize exceeds one thousand dollars, the	40212
director shall order that payment be made to the order of the	40213
legal guardian of that prize winner. If the amount of the prize	40214
money or the cost of goods or services awarded as a prize is one	40215
thousand dollars or less, the director may order that payment be	40216
made to the order of the adult member, if any, of that prize	40217
winner's family legally responsible for the care of that prize	40218
winner.	40219

(3)(C) No right of any prize winner, as defined in section	40220
3770.10 of the Revised Code, to a prize award shall be the subject	40221
of a security interest or used as collateral.	40222

(4)(a)(D)(1) No right of any prize winner, as defined in	40223
section 3770.10 of the Revised Code, to a prize award shall be	40224
assignable, or subject to garnishment, attachment, execution,	40225
withholding, or deduction, except as follows: as provided in	40226
sections 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the	40227
Revised Code; when the payment is to be made to the executor or	40228
administrator or the trustee of a trust of the estate of a winning	40229
ticket holder; when the award of a prize is disputed, any person	40230
may be awarded a prize award to which another has claimed title,	40231
pursuant to the order of a court of competent jurisdiction; when	40232
the director is to make a payment pursuant to sectionsections	40233
3770.071 or 3770.073 of the Revised Code; or as provided in	40234
sections 3770.10 to 3770.14 of the Revised Code.	40235

(b)(2) The commission shall adopt rules pursuant to section	40236
3770.03 of the Revised Code concerning the payment of prize awards	40237
upon the death of a prize winner. Upon the death of a prize	40238
winner, as defined in section 3770.10 of the Revised Code, the	40239
remainder of the prize winner's prize award, to the extent it is	40240
not subject to a transfer agreement under sections 3770.10 to	40241
3770.14 of the Revised Code, may be paid to the executor,	40242
administrator, or trustee in the form of a discounted lump sum	40243
cash settlement.	40244

(5)(E) No lottery prize award shall be awarded to or for any	40245
officer or employee of the state lottery commission, any officer	40246
or employee of the auditor of state actively coordinating and	40247
certifying commission drawings, or any blood relative or spouse of	40248
such officer or employee of the commission or auditor of state	40249
living as a member of such officer's or employee's household, nor	40250
shall any such employee, blood relative, or spouse attempt to	40251
claim a lottery prize award.	40252

(6)(F) The director may prohibit vendors to the commission	40253
and their employees from being awarded a lottery prize award.	40254

(7)(G) Upon the payment of prize awards pursuant to this	40255
section, the director and the commission are discharged from all	40256
further liability therefor.	40257

(B) The commission may adopt rules governing the disbursement	40258
of unclaimed prize awards as all or part of the prize award in a	40259
lottery and may, pursuant to those rules, conduct the lottery and	40260
disburse any such unclaimed prize awards. Any lottery in which all	40261
or any part of the prize award is paid from unclaimed prize awards	40262
shall be conducted in accordance with all of the other	40263
requirements of this chapter, including, but not limited to, the	40264
time and proof requirements for claiming awards and the	40265
disposition of unclaimed prize awards when the prescribed period	40266
for claiming the award has passed. A prize award or any part of a	40267
prize award that is paid from an unclaimed prize award shall not	40268
be reapplied toward the satisfaction of the requirement of	40269
division (A) of section 3770.06 of the Revised Code that at least	40270
fifty per cent of the total revenues from ticket sales be	40271
disbursed for monetary prize awards, if such unclaimed prize award	40272
was previously applied toward the satisfaction of that	40273
requirement. On or before the last day of January and July each	40274
year, the commission shall report to the general assembly the	40275
gross sales and net profits the commission obtained from the	40276
unclaimed prize awards in lotteries conducted pursuant to this	40277
division during the preceding two calendar quarters, including the	40278
amount of money produced by the games funded by the unclaimed	40279
prize awards and the total revenue accruing to the state from the	40280
prize award lotteries conducted pursuant to this division.	40281

There is hereby established in the state treasury the	40282
unclaimed lottery prizes fund, to which all unclaimed prize awards	40283
shall be transferred. Any interest that accrues on the amounts in	40284
the fund shall become a part of the fund and shall be subject to	40285
any rules adopted by the commission governing the disbursement of	40286
unclaimed prize awards.	40287

Sec. 3770.073.  (A) If a person is entitled to a lottery	40288
prize award and is indebted to the state for the payment of any	40289
tax, workers' compensation premium, unemployment contribution,	40290
payment in lieu of unemployment contribution, or charge, penalty,	40291
or interest arising from these debts and the amount of the prize	40292
money or the cost of goods or services awarded as a lottery prize	40293
award is five thousand dollars or more, the director of the state	40294
lottery commission, or the director's designee, shall do either of	40295
the following:	40296

(1) If the prize award will be paid in a lump sum, deduct	40297
from the prize award and pay to the attorney general an amount in	40298
satisfaction of the debt and pay any remainder to that person. If	40299
the amount of the prize award is less than the amount of the debt,	40300
the entire amount of the prize award shall be deducted and paid in	40301
partial satisfaction of the debt.	40302

(2) If the prize award will be paid in annual installments,	40303
on the date the initial installment payment is due, deduct from	40304
that installment and pay to the attorney general an amount in	40305
satisfaction of the debt and, if necessary to collect the full	40306
amount of the debt, do the same for any subsequent annual	40307
installments, at the time the installments become due and owing to	40308
the person, until the debt is fully satisfied.	40309

(B) If a person entitled to a lottery prize award owes more	40310
than one debt, any debt subject to section 5739.33 or division (G)	40311
of section 5747.07 of the Revised Code shall be satisfied first.	40312

(C) This section applies only to debts that have become	40313
final.	40314

Sec. 3770.10. As used in sections 3770.07 and 3770.10 to	40315
3770.14 of the Revised Code:	40316

(A) "Court of competent jurisdiction" means either the	40317
general division or the probate division of the court of common	40318
pleas of the county in which the prize winner resides, or, if the	40319
prize winner is not a resident of this state, either the general	40320
division or the probate division of the court of common pleas of	40321
Franklin county or a federal court having jurisdiction over the	40322
lottery prize award.	40323

(B) "Discounted present value" means the present value of the	40324
future payments of a lottery prize award that is determined by	40325
discounting those payments to the present, using the most recently	40326
published applicable federal rate for determining the present	40327
value of an annuity as issued by the United States internal	40328
revenue service and assuming daily compounding.	40329

(C) "Independent professional advice" means the advice of an	40330
attorney, a certified public accountant, an actuary, or any other	40331
licensed professional adviser if all of the following apply:	40332

(1) The prize winner has engaged the services of the licensed	40333
professional adviser to render advice concerning the legal and	40334
other implications of a transfer of the lottery prize award.	40335

(2) The licensed professional adviser is not affiliated in	40336
any manner with or compensated in any manner by the transferee of	40337
the lottery prize award.	40338

(3) The compensation of the licensed professional adviser is	40339
not affected by whether or not a transfer of a lottery prize award	40340
occurs.	40341

(D) "Prize winner" means any person that holds the right to	40342
receive all or any part of a lottery prize award as a result of	40343
being any of the following:	40344

(1) A person who is a claimant under division (A)(1) of	40345
section 3770.07 of the Revised Code;	40346

(2) A person who is entitled to a prize award and who is	40347
under a legal disability as described in division (A)(2)(B) of	40348
section 3770.07 of the Revised Code;	40349

(3) A person who was awarded a prize award to which another	40350
has claimed title by a court order under division (A)(4)(a)(D)(1)	40351
of section 3770.07 of the Revised Code;	40352

(4) A person who is receiving payments upon the death of a	40353
prize winner as provided in division (A)(4)(b)(D)(2) of section	40354
3770.07 of the Revised Code.	40355

(E) "Transfer" means any form of sale, assignment, or	40356
redirection of payment of all or any part of a lottery prize award	40357
for consideration.	40358

(F) "Transfer agreement" means an agreement that is complete	40359
and valid, and that provides for the transfer of all or any part	40360
of a lottery prize award from a transferor to a transferee. A	40361
transfer agreement is incomplete and invalid unless the agreement	40362
contains both of the following:	40363

(1) A statement, signed by the transferor under penalties of	40364
perjury, that the transferor irrevocably agrees that the	40365
transferor is subject to the tax imposed by Chapter 5733. or 5747.	40366
of the Revised Code with respect to gain or income which the	40367
transferor will recognize in connection with the transfer. If the	40368
transferor is a pass-through entity, as defined in section 5733.04	40369
of the Revised Code, each investor in the pass-through entity	40370
shall also sign under penalties of perjury a statement that the	40371
investor irrevocably agrees that the investor is subject to the	40372
tax imposed by Chapter 5733. or 5747. of the Revised Code with	40373
respect to gain or income which the transferor and the investor	40374
will recognize in connection with the transfer.	40375

(2) A statement, signed by the transferee, that the	40376
transferee irrevocably agrees that the transferee is subject to	40377
the withholding requirements imposed by division (C) of section	40378
3770.072 of the Revised Code and is subject to the tax imposed by	40379
Chapter 5733. or 5747. of the Revised Code with respect to gain or	40380
income which the transferee will recognize in connection with	40381
lottery prize awards to be received as a result of the transfer.	40382
If the transferee is a pass-through entity, as defined in section	40383
5733.04 of the Revised Code, each investor in the pass-through	40384
entity shall also sign under penalties of perjury a statement	40385
setting forth that the investor irrevocably agrees that the	40386
investor is subject to the withholding requirements imposed by	40387
division (C) of section 3770.072 of the Revised Code and is	40388
subject to the tax imposed by Chapter 5733. or 5747. of the	40389
Revised Code with respect to gain or income which the transferee	40390
and the investor will recognize in connection with lottery prize	40391
awards to be received as a result of the transfer.	40392

(G) "Transferee" means a party acquiring or proposing to	40393
acquire all or any part of a lottery prize award through a	40394
transfer.	40395

(H) "Transferor" means either a prize winner or a transferee	40396
in an earlier transfer whose interest is acquired by or is sought	40397
to be acquired by a transferee or a new transferee through a	40398
transfer.	40399

Sec. 3770.12.  A court of competent jurisdiction mayshall	40400
approve a transfer of a lottery prize award only in a final order	40401
that is based on the express findings of the court, and the. The	40402
court shall approve the transfer only if each of the following	40403
conditions that applies is met and is included in the court's	40404
express findings shall include all of the following:	40405

(A) If the transferor is a prize winner, the transferee has	40406
provided to the prize winner a disclosure statement that complies	40407
with section 3770.11 of the Revised Code, and the prize winner has	40408
confirmed the prize winner's receipt of the disclosure statement,	40409
as evidenced by the prize winner's notarized signature on a copy	40410
of the disclosure statement.	40411

(B) If the transferor is a prize winner, the prize winner has	40412
established that the transfer is fair and reasonable and in the	40413
best interests of the prize winner.	40414

(C) If the transferor is a prize winner, the prize winner has	40415
received independent professional advice regarding the legal and	40416
other implications of the transfer.	40417

(D)(C) The transferee has given written notice of the	40418
transferee's name, address, and taxpayer identification number to	40419
the state lottery commission and has filed a copy of that notice	40420
with the court in which the application for approval of the	40421
transfer was filed.	40422

(E)(D) The transferee is a trust, limited partnership,	40423
general partnership, corporation, professional association,	40424
limited liability company, or other entity that is qualified to do	40425
business in this state and meets the registration requirements for	40426
that type of entity under Title XVII of the Revised Code.	40427

(F)(E) The transfer complies with all applicable requirements	40428
of the Revised Code and does not contravene any applicable law.	40429

(G)(F) The transfer does not include or cover the amounts of	40430
the lottery prize award that are required to be withheld or	40431
deducted pursuant to section 3119.80, 3119.81, 3121.02, 3121.03,	40432
3123.06, 3770.071, or 3770.072 of the Revised Code.	40433

(H)(G) Any amounts described in division (G)(F) of this	40434
section that are required to be withheld or deducted, as of the	40435
date of the court order, will be offset by the commission first	40436
against remaining payments due the transferor and then against	40437
payments due the transferee.	40438

(I)(H) Except as provided in divisions (F) and (G) and (H) of	40439
this section, that the transferor's interest in each and all of	40440
the future payments from a particular lottery prize award is to be	40441
paid to a single transferee, or, if the payments from the lottery	40442
prize award are to be directed from the state lottery commission	40443
to multiple transferees, the commission has promulgated rules	40444
under section 3770.03 of the Revised Code permitting transfers to	40445
multiple transferees, and the transfer is consistent with those	40446
rules.	40447

(J)(I) If the lottery prize award has been transferred within	40448
twelve months immediately preceding the effective date of the	40449
proposed transfer, the state lottery commission has not objected	40450
to the proposed transfer. The court shall presume that the	40451
requirements of this division are met unless the commission	40452
notifies the court in writing before the hearing on the	40453
application for transfer, or through counsel at that hearing, that	40454
a transfer of the same lottery prize award has been made within	40455
that twelve-month period and that the commission objects to a	40456
subsequent transfer within that twelve-month period. The court	40457
shall find that the requirements of this division are not met if	40458
the commission provides notice of a prior transfer of the same	40459
lottery prize award within that twelve-month period and its	40460
objection to the proposed transfer, unless the transferor or	40461
transferee shows by clear and convincing evidence that no previous	40462
transfer of the same lottery prize award occurred within that	40463
twelve-month period.	40464

If the court determines that all of the conditions in	40465
divisions (A) to (I) of this section that apply are met, the	40466
transfer of the lottery prize award shall be presumed to be fair	40467
and reasonable and in the best interests of the prize winner.	40468

Sec. 3770.99.  (A) Whoever is prohibited from claiming a	40469
lottery prize award under division (A)(5)(E) of section 3770.07 of	40470
the Revised Code and attempts to claim or is paid a lottery prize	40471
award is guilty of a minor misdemeanor, and shall provide	40472
restitution to the state lottery commission of any moneys	40473
erroneously paid as a lottery prize award to that person.	40474

(B) Whoever violates division (C) of section 3770.071 or	40475
section 3770.08 of the Revised Code is guilty of a misdemeanor of	40476
the third degree.	40477

Sec. 3773.33.  (A) There is hereby created the Ohio athletic	40478
commission. The commission shall consist of five voting members	40479
appointed by the governor with the advice and consent of the	40480
senate, not more than three of whom shall be of the same political	40481
party, and two nonvoting members, one of whom shall be a member of	40482
the senate appointed by and to serve at the pleasure of the	40483
president of the senate and one of whom shall be a member of the	40484
house of representatives appointed by and to serve at the pleasure	40485
of the speaker of the house of representatives. To be eligible for	40486
appointment as a voting member, a person shall be a qualified	40487
elector and a resident of the state for not less than five years	40488
immediately preceding the person's appointment. Two voting members	40489
shall be knowledgeable in boxing, at least one voting member shall	40490
be knowledgeable and experienced in high school athletics, one	40491
voting member shall be knowledgeable and experienced in	40492
professional athletics, and at least one voting member shall be	40493
knowledgeable and experienced in collegiate athletics. One	40494
commission member shall hold the degree of doctor of medicine or	40495
doctor of osteopathy.	40496

(B) No person shall be appointed to the commission or be an	40497
employee of the commission who is licensed, registered, or	40498
regulated by the commission. No member shall have any legal or	40499
beneficial interest, direct or indirect, pecuniary or otherwise,	40500
in any person who is licensed, registered, or regulated by the	40501
commission or who participates in prize fights or public boxing or	40502
wrestling matches or exhibitions. No member shall participate in	40503
any fight, match, or exhibition other than in the member's	40504
official capacity as a member of the commission, or as an	40505
inspector as authorized in section 3773.52 of the Revised Code.	40506

(C) The governor shall appoint the voting members to the	40507
commission. Of the initial appointments, two shall be for terms	40508
ending one year after September 3, 1996, two shall be for terms	40509
ending two years after September 3, 1996, and one shall be for a	40510
term ending three years after September 3, 1996. Thereafter, terms	40511
of office shall be for three years, each term ending the same day	40512
of the same month of the year as did the term which it succeeds.	40513
Each member shall hold office from the date of the member's	40514
appointment until the end of the term for which the member was	40515
appointed. Any member appointed to fill a vacancy occurring prior	40516
to the expiration of the term for which the member's predecessor	40517
was appointed shall hold office for the remainder of the term. Any	40518
member shall continue in office subsequent to the expiration date	40519
of the member's term until the member's successor takes office, or	40520
until a period of sixty days has elapsed, whichever occurs first.	40521

The governor shall name one voting member as chairperson of	40522
the commission at the time of making the appointment of any member	40523
for a full term. Three voting members shall constitute a quorum,	40524
and the affirmative vote of three voting members shall be	40525
necessary for any action taken by the commission. No vacancy on	40526
the commission impairs the authority of the remaining members to	40527
exercise all powers of the commission.	40528

Voting members, when engaged in commission duties, shall	40529
receive a per diem compensation determined in accordance with	40530
division (J) of section 124.15 of the Revised Code, and all	40531
members shall receive their actual and necessary expenses incurred	40532
in the performance of their official duties.	40533

Each voting member, before entering upon the discharge of the	40534
member's duties, shall file a surety bond payable to the treasurer	40535
of state in the sum of ten thousand dollars. Each surety bond	40536
shall be conditioned upon the faithful performance of the duties	40537
of the office, executed by a surety company authorized to transact	40538
business in this state, and filed in the office of the secretary	40539
of state.	40540

The governor may remove any voting member for malfeasance,	40541
misfeasance, or nonfeasance in office after giving the member a	40542
copy of the charges against the member and affording the member an	40543
opportunity for a public hearing, at which the member may be	40544
represented by counsel, upon not less than ten days' notice. If	40545
the member is removed, the governor shall file a complete	40546
statement of all charges made against the member and the	40547
governor's finding thereonon the charges in the office of the	40548
secretary of state, together with a complete report of the	40549
proceedings. The governor's decision shall be final.	40550

(D) The commission shall maintain an office in Youngstown and	40551
keep all of its permanent records there.	40552

Sec. 3773.43.  The Ohio athletic commission shall charge the	40553
following fees:	40554

(A) For an application for or renewal of a promoter's license	40555
for public boxing matches or exhibitions, fiftyone hundred	40556
dollars.	40557

(B) For an application for or renewal of a license to	40558
participate in a public boxing match or exhibition as a	40559
contestant, or as a referee, judge, matchmaker, manager,	40560
timekeeper, trainer, or second of a contestant, tentwenty	40561
dollars.	40562

(C) For a permit to conduct a public boxing match or	40563
exhibition, tenfifty dollars.	40564

(D) For an application for or renewal of a promoter's license	40565
for professional wrestling matches or exhibitions, onetwo hundred	40566
dollars.	40567

(E) For a permit to conduct a professional wrestling match or	40568
exhibition, fiftyone hundred dollars.	40569

The commission, subject to the approval of the controlling	40570
board, may establish fees in excess of the amounts provided in	40571
this section, provided that such fees do not exceed the amounts	40572
permitted by this section by more than twenty-fivefifty per cent.	40573

The fees prescribed by this section shall be paid to the	40574
treasurer of state, who shall deposit the fees in the occupational	40575
licensing and regulatory fund.	40576

Sec. 3781.07.  There is hereby established in the department	40577
of commerce a board of building and fire standards consisting of	40578
tenthe state fire marshal, the superintendent of the division of	40579
industrial compliance, and thirteen members appointed by the	40580
governor with the advice and consent of the senate. The board	40581
shall appoint a secretary who shall serve in the unclassified	40582
civil service for a term of six years at a salary fixed pursuant	40583
to Chapter 124. of the Revised Code. The board may employ	40584
additional staff in the classified civil service. The secretary	40585
may be removed by the board under the rules the board adopts.	40586
Terms of office of appointed members shall be for four years,	40587
commencing on the fourteenth day of October and ending on the	40588
thirteenth day of October. Each member shall hold office from the	40589
date of appointment until the end of the term for which the member	40590
was appointed. Any member appointed to fill a vacancy occurring	40591
prior to the expiration of the term for which the member's	40592
predecessor was appointed shall hold office for the remainder of	40593
such term. Any member shall continue in office subsequent to the	40594
expiration date of the member's term until the member's successor	40595
takes office, or until a period of sixty days has elapsed,	40596
whichever occurs first. One of the members appointed to the board	40597
shall be an attorney at law, admitted to the bar of this state;	40598
two shall be registered architects; two shall be professional	40599
engineers, one in the field of mechanical and one in the field of	40600
structural engineering, each of whom shall be duly licensed to	40601
practice such profession in this state; one shall be a person of	40602
recognized ability, broad training, and fifteen years experience	40603
in problems and practice incidental to the construction and	40604
equipment of buildings specified in section 3781.06 of the Revised	40605
Code; one shall be a person with recognized ability and experience	40606
in the manufacture and construction of industrialized units as	40607
defined in section 3781.06 of the Revised Code; one shall be a	40608
member of the fire service with recognized ability and broad	40609
training in the field of fire protection and suppression; one	40610
shall be a person with at least ten years of experience and	40611
recognized expertise in building codes and standards and the	40612
manufacture of construction materials; and one shall be a general	40613
contractor with experience in residential and commercial	40614
construction one shall be a building official chosen from a list	40615
of candidates submitted to the governor by the Ohio building	40616
officials association; one shall be a fire chief with recognized	40617
ability and broad training in the field of fire prevention chosen	40618
from a list of candidates submitted to the governor by the Ohio	40619
fire chiefs association; and one shall be a fire fighter with	40620
recognized ability and broad training in the field of fire	40621
protection and suppression systems chosen from a list of	40622
candidates submitted to the governor by the Ohio fire alliance.	40623
Each member of the board, not otherwise required to take an oath	40624
of office, shall take the oath prescribed by the constitution.	40625
Each member shall receive as compensation an amount fixed pursuant	40626
to division (J) of section 124.15 of the Revised Code, and shall	40627
receive actual and necessary expenses in the performance of	40628
official duties. The amount of such expenses shall be certified by	40629
the secretary of the board and paid in the same manner as the	40630
expenses of employees of the department of commerce are paid.	40631

Sec. 3781.071.  (A) There is hereby created within the	40632
department of commerce the Ohio building code advisory committee	40633
consisting of the superintendent of industrial compliance or the	40634
superintendent's designee and four persons appointed by the	40635
governor. Of the advisory committee's members, one shall be a	40636
building official recommended by the Ohio building officials	40637
association; one shall be a licensed architect recommended by the	40638
Ohio chapter of the American institute of architects, one shall be	40639
a registered professional engineer recommended by the American	40640
council of engineering companies of Ohio; and one shall be a	40641
registered professional engineer recommended by the Ohio society	40642
of professional engineers.	40643

(B) The governor shall make appointments to the advisory	40644
committee within ninety days after the effective date of this	40645
section. Terms of office shall be for three years, with each term	40646
ending on the date three years after the date of appointment. Each	40647
member shall hold office from the date of appointment until the	40648
end of the term for which the member was appointed. The governor	40649
shall fill a vacancy in the manner provided for initial	40650
appointments. Any member appointed to fill a vacancy in an	40651
unexpired term shall hold office as a member for the remainder of	40652
that term.	40653

(C) Members of the advisory committee shall receive no salary	40654
for the performance of their duties as members, but shall receive	40655
their actual and necessary expenses incurred in the performance of	40656
their duties as members of the advisory committee.	40657

(D) The advisory committee is not subject to divisions (A)	40658
and (B) of section 101.84 of the Revised Code.	40659

(E) The advisory committee shall do all of the following:

40660

(1) Advise the board of building and fire standards	40661
concerning adoption of the building code, including the mechanical	40662
code, plumbing code, fuel gas code, and other codes relative to	40663
buildings and structures other than the fire code;	40664

(2) Advise the board regarding the establishment of standards	40665
for certification of building officials who enforce the building	40666
code;	40667

(3) Assist the board in providing information and guidance to	40668
contractors and building officials who enforce the building code;	40669

(4) Advise the board regarding the interpretation of the	40670
building code adopted by the board pursuant to section 3781.10 of	40671
the Revised Code;	40672

(5) Make recommendations to the board regarding other matters	40673
that may impact upon the specific duties and areas of concern	40674
assigned to the committee;	40675

(6) Provide other assistance as it considers necessary.

40676

(F) In providing advice concerning adoption of the building	40677
code pursuant to division (E)(1) of this section, the advisory	40678
committee and the Ohio fire code advisory committee shall make	40679
joint recommendations to the board as those advisory committees	40680
determine appropriate.	40681

Sec. 3781.072.  (A) There is hereby created within the	40682
department of commerce the Ohio fire code advisory committee	40683
consisting of the state fire marshal or the fire marshal's	40684
designee and four persons appointed by the governor. Of the	40685
advisory committee's members, one shall be recommended by the Ohio	40686
association of professional fire fighters; one shall be	40687
recommended by the Ohio state fire fighters association, one shall	40688
be recommended by the Ohio fire chiefs association; and one shall	40689
be recommended by the Ohio fire officials association.	40690

(B) The governor shall make appointments to the advisory	40691
committee within ninety days after the effective date of this	40692
section. Terms of office shall be for three years, with each term	40693
ending on the date three years after the date of appointment. Each	40694
member shall hold office from the date of appointment until the	40695
end of the term for which the member was appointed. The governor	40696
shall fill a vacancy in the manner provided for initial	40697
appointments. Any member appointed to fill a vacancy in an	40698
unexpired term shall hold office as a member for the remainder of	40699
that term.	40700

(C) Members of the advisory committee shall receive no salary	40701
for the performance of their duties as members, but shall receive	40702
their actual and necessary expenses incurred in the performance of	40703
their duties as members of the advisory committee.	40704

(D) The advisory committee is not subject to divisions (A)	40705
and (B) of section 101.84 of the Revised Code.	40706

(E) The advisory committee shall do all of the following:

40707

(1) Advise the board of building and fire standards	40708
concerning adoption of the state fire code;	40709

(2) Advise the board regarding the interpretation of the	40710
state fire code adopted pursuant to section 3737.82 of the Revised	40711
Code;	40712

(3) Make recommendations to the board regarding other matters	40713
that may impact upon the duties and specific areas of concern	40714
assigned to the committee;	40715

(4) Any additional duties required by the board.

40716

(F) In providing advice concerning adoption of the state fire	40717
code pursuant to division (E)(1) of this section, the advisory	40718
committee and the Ohio building code advisory committee shall make	40719
joint recommendations to the board as those advisory committees	40720
determine appropriate.	40721

Sec. 3781.19.  There is hereby established in the department	40722
of commerce a board of building appeals consisting of fiveseven	40723
members who shall be appointed by the governor with the advice and	40724
consent of the senate. Terms of office shall be for four years,	40725
commencing on the fourteenth day of October and ending on the	40726
thirteenth day of October. Each member shall hold office from the	40727
date of his appointment until the end of the term for which hethe	40728
member was appointed. Any member appointed to fill a vacancy	40729
occurring prior to the expiration of the term for which histhe	40730
member's predecessor was appointed shall hold office for the	40731
remainder of such term. Any member shall continue in office	40732
subsequent to the expiration date of histhe member's term until	40733
hisa successor takes office, or until a period of sixty days has	40734
elapsed, whichever occurs first. One member shall be an	40735
attorney-at-law, admitted to the bar of this state and of the	40736
remaining members, one shall be a registered architect and one	40737
shall be a professional engineer, each of whom shall be duly	40738
licensed to practice their respective professions in this state,	40739
one shall be a fire prevention officer qualified under section	40740
3737.66 of the Revised Code, and one shall be a person with	40741
recognized ability in the plumbing or pipefitting profession, one	40742
shall be a fire protection engineer, and one shall be a certified	40743
building professional. No member of the board of building and fire	40744
standards shall be a member of the board of building appeals. Each	40745
member shall be paid an amount fixed pursuant to Chapter 124. of	40746
the Revised Code per diem. The department shall provide and assign	40747
to the board such employees as are required by the board to	40748
perform its functions. The board may adopt its own rules of	40749
procedure not inconsistent with sections 3781.06 to 3781.18 and	40750
3791.04 of the Revised Code, and may change them in its	40751
discretion. The board may establish reasonable fees, based on	40752
actual costs for administration of filing and processing, not to	40753
exceed onetwo hundred dollars, for the costs of filing and	40754
processing appeals. A full and complete record of all proceedings	40755
of the board shall be kept and be open to public inspection.	40756

In the enforcement by any department of the state or any	40757
political subdivision of this chapter and Chapter 3791., and	40758
sections 3737.41, 3737.42, 4104.02, 4104.06, 4104.44, 4104.45,	40759
4105.011, and 4105.11 of the Revised Code and any rule made	40760
thereunder, such department is the agency referred to in sections	40761
119.07, 119.08, and 119.10 of the Revised Code.	40762

The appropriate municipal or county board of appeals, where	40763
one exists, certified pursuant to section 3781.20 of the Revised	40764
Code shall conduct the adjudication hearing referred to in	40765
sections 119.09 to 119.13 and required by section 3781.031 of the	40766
Revised Code. If there is no certified municipal or county board	40767
of appeals, the board of building appeals shall conduct the	40768
adjudication hearing. If the adjudication hearing concerns section	40769
3781.111 of the Revised Code or any rule made thereunder,	40770
reasonable notice of the time, date, place, and subject of the	40771
hearing shall be given to any local corporation, association, or	40772
other organization composed of or representing handicapped	40773
persons, as defined in section 3781.111 of the Revised Code, or if	40774
there is no local organization, then to any statewide corporation,	40775
association, or other organization composed of or representing	40776
handicapped persons.	40777

In addition to the provisions of Chapter 119. of the Revised	40778
Code, the municipal, county, or state board of building appeals,	40779
as the agency conducting the adjudication hearing, may reverse or	40780
modify the order of the enforcing agency if it finds that the	40781
order is contrary to this chapter and Chapters 3791. and 4104.,	40782
and sections 3737.41, 3737.42, 4105.011 and 4105.11 of the Revised	40783
Code and any rule made thereunder or to a fair interpretation or	40784
application of such laws or any rule made thereunder, or that a	40785
variance from the provisions of such laws or any rule made	40786
thereunder, in the specific case, will not be contrary to the	40787
public interest where a literal enforcement of such provisions	40788
will result in unnecessary hardship.	40789

The state board of building appeals or a certified municipal	40790
or county board of appeals shall render its decision within thirty	40791
days after the date of the adjudication hearing. Following the	40792
adjudication hearing, any municipal or county officer, official	40793
municipal or county board, or person who was a party to the	40794
hearing before the municipal or county board of appeals may apply	40795
to the state board of appeals for a de novo hearing before the	40796
state board, or may appeal directly to the court of common pleas	40797
pursuant to section 3781.031 of the Revised Code.	40798

In addition, any local corporation, association, or other	40799
organization composed of or representing handicapped persons as	40800
defined in section 3781.111 of the Revised Code, or, if no local	40801
corporation, association, or organization exists, then any	40802
statewide corporation, association, or other organization composed	40803
of or representing handicapped persons may apply for the de novo	40804
hearing or appeal to the court of common pleas from any decision	40805
of a certified municipal or county board of appeals interpreting,	40806
applying, or granting a variance from section 3781.111 of the	40807
Revised Code and any rule made thereunder. Application for a de	40808
novo hearing before the state board shall be made no later than	40809
thirty days after the municipal or county board renders its	40810
decision.	40811

The state board of building appeals or the appropriate	40812
certified local board of building appeals shall grant variances	40813
and exemptions from the requirements of section 3781.108 of the	40814
Revised Code in accordance with rules adopted by the board of	40815
building standards pursuant to division (J) of section 3781.10 of	40816
the Revised Code.	40817

The state board of building appeals or the appropriate	40818
certified local board of building appeals shall, in granting a	40819
variance or exemption from section 3781.108 of the Revised Code,	40820
in addition to any other considerations the state or the	40821
appropriate local board determines appropriate, consider the	40822
architectural and historical significance of the building.	40823

Sec. 3781.22.  Wherever in the Revised Code reference is made	40824
to the board of building standards, the reference is deemed to	40825
mean the board of building and fire standards. The legislative	40826
service commission shall change references to the board of	40827
building standards to the board of building and fire standards as	40828
sections of the Revised Code are amended.	40829

Sec. 3901.491.  (A) As used in this section:

40830

(1) "Genetic screening or testing" means a laboratory test of	40831
a person's genes or chromosomes for abnormalities, defects, or	40832
deficiencies, including carrier status, that are linked to	40833
physical or mental disorders or impairments, or that indicate a	40834
susceptibility to illness, disease, or other disorders, whether	40835
physical or mental, which test is a direct test for abnormalities,	40836
defects, or deficiencies, and not an indirect manifestation of	40837
genetic disorders.	40838

(2) "Insurer" means any person authorized under Title XXXIX	40839
of the Revised Code to engage in the business of sickness and	40840
accident insurance.	40841

(3) "Sickness and accident insurance" means sickness and	40842
accident insurance under Chapter 3923. of the Revised Code	40843
excluding disability income insurance and excluding supplemental	40844
policies of sickness and accident insurance.	40845

(B) Upon the repeal of section 3901.49 of the Revised Code by	40846
Sub. H.B. No. 71 of the 120th general assembly, no insurer shall	40847
do either of the following:	40848

(1) Consider any information obtained from genetic screening	40849
or testing in processing an application for an individual or group	40850
policy of sickness and accident insurance, or in determining	40851
insurability under such a policy;	40852

(2) Inquire, directly or indirectly, into the results of	40853
genetic screening or testing or use such information, in whole or	40854
in part, to cancel, refuse to issue or renew, or limit benefits	40855
under, a sickness and accident insurance policy.	40856

(C) Any insurer that has engaged in, is engaged in, or is	40857
about to engage in a violation of division (B) of this section is	40858
subject to the jurisdiction of the superintendent of insurance	40859
under section 3901.04 of the Revised Code.	40860

Sec. 3901.501.  (A) As used in this section:

40861

(1) "Genetic screening or testing" means a laboratory test of	40862
a person's genes or chromosomes for abnormalities, defects, or	40863
deficiencies, including carrier status, that are linked to	40864
physical or mental disorders or impairments, or that indicate a	40865
susceptibility to illness, disease, or other disorders, whether	40866
physical or mental, which test is a direct test for abnormalities,	40867
defects, or deficiencies, and not an indirect manifestation of	40868
genetic disorders.	40869

(2) "Self-insurer" means any government entity providing	40870
coverage for health care services on a self-insurance basis.	40871

(B) Upon the repeal of section 3901.50 of the Revised Code by	40872
Sub. H.B. No. 71 of the 120th general assembly, no self-insurer	40873
shall do either of the following:	40874

(1) Consider any information obtained from genetic screening	40875
or testing in processing an application for coverage under a plan	40876
of self-insurance or in determining insurability under such a	40877
plan;	40878

(2) Inquire, directly or indirectly, into the results of	40879
genetic screening or testing or use such information, in whole or	40880
in part, to cancel, refuse to provide or renew, or limit benefits	40881
under, a plan of self-insurance.	40882

(C) Any self-insurer that has engaged in, is engaged in, or	40883
is about to engage in a violation of division (B) of this section	40884
is subject to the jurisdiction of the superintendent of insurance	40885
under section 3901.04 of the Revised Code.	40886

Sec. 3901.72.  Any person may advance to a domestic insurance	40887
company or a health insuring corporation any sum of money	40888
necessary for the purpose of the insurance company's or health	40889
insuring corporation's business, or to enable the insurance	40890
company or health insuring corporation to comply with any law, or	40891
as a cash guarantee fund. Such money, and interest agreed upon,	40892
not exceeding ten per cent per annum or the total of four hundred	40893
basis points plus the rate on United States treasury notes or	40894
bonds closest in maturity to the final repayment date of the money	40895
so advanced, whichever is greater, shall not be a liability or	40896
claim against the insurance company or health insuring	40897
corporation, or any of its assets, except as provided in this	40898
section, and shall be repaid only out of the surplus earnings of	40899
such insurance company or health insuring corporation. Except as	40900
ordered by the superintendent of insurance, no part of the	40901
principal or interest thereof shall be repaid until the surplus of	40902
the insurance company or health insuring corporation remaining	40903
after such repayment is equal in amount to the principal of the	40904
money so advanced. Such advancement and repayment shall be subject	40905
to the approval of the superintendent, provided that this section	40906
shall not affect the power to borrow money which any such	40907
insurance company or health insuring corporation possesses under	40908
other laws. No commission or promotion expenses shall be paid by	40909
the insurance company or health insuring corporation, in	40910
connection with the advance of any such money to the insurance	40911
company or health insuring corporation, and the amount of any such	40912
unpaid advance shall be reported in each annual statement.	40913

Sec. 3901.86.  (A) When the laws of any other state,	40914
district, territory, or nation impose any taxes, fines, penalties,	40915
license fees, deposits of money, securities, or other obligations	40916
or prohibitions on insurance companies of this state doing	40917
business in that state, district, territory, or nation, or upon	40918
their agents therein, the same obligations and prohibitions shall	40919
be imposed upon insurance companies of the other state, district,	40920
or nation doing business in this state and upon their agents.	40921

When the laws of any other state, district, territory, or	40922
nation impose a requirement for countersignature and payment of a	40923
fee or commission upon agents of this state for placing any	40924
coverage in that state, district, territory, or nation, then the	40925
same requirements of countersignature and fee or commission shall	40926
be imposed upon agents of that state, district, territory, or	40927
nation for placing any coverage in this state.	40928

(B) Beginning on July 1, 1993, twenty per cent of the amount	40929
that is collected under division (A) of this section from foreign	40930
insurance companies that sell fire insurance to residents of this	40931
state shall be paid into the state fire marshal's fund created	40932
under section 3737.71 of the Revised Code. The director of	40933
commercepublic safety, with the approval of the director of	40934
budget and management, may increase the percentage described in	40935
this division so that it will yield an amount that the director of	40936
commercepublic safety determines necessary to assist in the	40937
maintenance and administration of the office of the fire marshal	40938
and in defraying the costs of operating the Ohio fire academy	40939
established by section 3737.33 of the Revised Code.	40940

Sec. 4104.01.  As used in sections 4104.01 to 4104.20 and	40941
section 4104.99 of the Revised Code:	40942

(A) "Board of building standards" or "board" means the board	40943
established by section 3781.07 of the Revised Code.	40944

(B) "Superintendent" means the superintendent of the division	40945
of industrial compliance created by section 121.04 of the Revised	40946
Code.	40947

(C) "Boiler" means a closed vessel in which water is heated,	40948
steam is generated, steam is superheated, or any combination	40949
thereof, under pressure or vacuum for use externally to itself by	40950
the direct application of heat from the combustion of fuels, or	40951
from electricity or nuclear energy. "Boiler" includes fired units	40952
for heating or vaporizing liquids other than water where these	40953
units are separate from processing systems and are complete within	40954
themselves.	40955

(D) "Power boiler" means a boiler in which steam or other	40956
vapor (to be used externally to itself) is generated at a pressure	40957
of more than fifteen psig.	40958

(E) "High pressure, high temperature water boiler" means a	40959
water heating boiler operating at pressures exceeding one hundred	40960
sixty psig or temperatures exceeding two hundred fifty degrees	40961
Fahrenheit.	40962

(F) "Low pressure boiler" means a steam boiler operating at	40963
pressures not exceeding fifteen psig, or a hot water heating	40964
boiler operating at pressures not exceeding one hundred sixty psig	40965
or temperatures not exceeding two hundred fifty degrees	40966
Fahrenheit.	40967

(G) "Unfired pressurePressure vessel" means a container for	40968
the containment of pressure, either internal or external. This	40969
pressure may be obtained from an external source or by the	40970
application of heat from a direct or indirect source or any	40971
combination thereof.	40972

(H) "Process boiler" means a boiler to which all of the	40973
following apply:	40974

(1) The steam in the boiler is either generated or	40975
superheated, or both, under pressure or vacuum for use external to	40976
itself.	40977

(2) The source of heat for the boiler is in part or in whole	40978
from a process other than the boiler itself.	40979

(3) The boiler is part of a continuous processing unit, such	40980
as used in chemical manufacture or petroleum refining, other than	40981
a steam-generated process unit.	40982

(I) "Stationary steam engine" means an engine or turbine in	40983
which the mechanical force arising from the elasticity and	40984
expansion action of steam or from its property of rapid	40985
condensation or from a combination of the two is made available as	40986
a motive power.	40987

Sec. 4104.02.  The board of building standards shall:

40988

(A) Formulate rules for the construction, installation,	40989
inspection, repair, conservation of energy, and operation of	40990
boilers and the construction, inspection, and repair of unfired	40991
pressure vessels and for ascertaining the safe working pressures	40992
to be carried on such boilers and unfired pressure vessels and the	40993
qualification of inspectors of boilers and unfired pressure	40994
vessels;	40995

(B) Prescribe tests, if it is considered necessary, to	40996
ascertain the qualities of materials used in the construction of	40997
boilers and unfired pressure vessels;	40998

(C) Adopt rules regulating the construction and sizes of	40999
safety valves for boilers and unfired pressure vessels of	41000
different sizes and pressures, for the construction, use, and	41001
location of fusible plugs, appliances for indicating the pressure	41002
of steam and level of water in the boiler or unfired pressure	41003
vessels, and such other appliances as the board considers	41004
necessary to safety in operating boilers;	41005

(D) Establish reasonable fees for the performance of reviews,	41006
surveys, or audits of manufacturer's facilities by the division of	41007
industrial compliance for certification by the American society of	41008
mechanical engineers and the national board of boiler and pressure	41009
vessel inspectors;	41010

(E) The definitions and rules adopted by the board for the	41011
construction, installation, inspection, repair, conservation of	41012
energy, and operation of boilers and the construction, inspection,	41013
and repair of unfired pressure vessels and for ascertaining the	41014
safe working pressures to be used on such boilers and unfired	41015
pressure vessels shall be based upon and follow generally accepted	41016
engineering standards, formulae, and practices established and	41017
pertaining to boilers and unfired pressure vessel construction,	41018
operation, and safety, and the board may, for this purpose, adopt	41019
existing published standards as well as amendments thereto	41020
subsequently published by the same authority.	41021

When a person desires to manufacture a special type of boiler	41022
or unfired pressure vessel, the design of which is not covered by	41023
the rules of the board, the person shall submit drawings and	41024
specifications of such boiler or unfired pressure vessel to the	41025
board for investigation, after which the board may permit its	41026
installation.	41027

The provisions of sections 119.03 and 119.11 of the Revised	41028
Code in particular, and the applicable provisions of Chapter 119.	41029
of the Revised Code in general, shall govern the proceedings of	41030
the board of building standards in adopting, amending, or	41031
rescinding rules pursuant to this section.	41032

Sec. 4104.04.  (A) Sections 4104.01 to 4104.20 and section	41033
4104.99 of the Revised Code do not apply to the following boilers	41034
and unfired pressure vessels:	41035

(1) Boilers, unfired pressure vessels, and stationary steam	41036
engines under federal control or subject to inspection under	41037
federal laws;	41038

(2) Air tanks located on vehicles operating under the rules	41039
of other state authorities and used for carrying passengers, or	41040
freight;	41041

(3) Air tanks installed on the right of way of railroads and	41042
used directly in the operation of trains;	41043

(4) Unfired pressurePressure vessels whichthat are under	41044
the regulation and control of the state fire marshal under Chapter	41045
3737. of the Revised Code.	41046

(B) The following boilers and unfired pressure vessels are	41047
exempt from the requirements of sections 4104.10, 4104.101,	41048
4104.11, 4104.12, and 4104.13 of the Revised Code, but shall be	41049
equipped with such appliances, to insure safety of operation, as	41050
are prescribed by the board:	41051

(1) Portable boilers or unfired pressure vessels when located	41052
on farms and used solely for agricultural purposes;	41053

(2) Steam or vapor boilers carrying a pressure of not more	41054
than fifteen psig, which are located in private residences or in	41055
apartment houses of less than six family units;	41056

(3) Hot water boilers operated at pressures not exceeding one	41057
hundred sixty psig, or temperatures not exceeding two hundred	41058
fifty degrees fahrenheit, which are located in private residences	41059
or in apartment houses of less than six family units;	41060

(4) Unfired pressurePressure vessels containing only water	41061
under pressure for domestic supply purposes, including those	41062
containing air, the compression of which serves only as a cushion	41063
or airlift pumping system, when located in private residences or	41064
in apartment houses of less than six family units;	41065

(5) Portable boilers used in pumping, heating, steaming, and	41066
drilling, in the open field, for water, gas, and oil;	41067

(6) Portable boilers used in the construction of and repair	41068
to public roads, railroads, and bridges;	41069

(7) Historical steam boilers of riveted construction,	41070
preserved, restored, or maintained for hobby or demonstration use.	41071

Sec. 4104.06.  (A) The inspection of boilers and their	41072
appurtenances and unfired pressure vessels shall be made by the	41073
inspectors mentioned in sections 4104.07 to 4104.20 of the Revised	41074
Code. The superintendent of industrial compliance shall administer	41075
and enforce such sections and rules adopted by the board of	41076
building standards pursuant to section 4104.02 of the Revised	41077
Code.	41078

(B) The superintendent shall adopt, amend, and repeal rules	41079
exclusively for the issuance, renewal, suspension, and revocation	41080
of certificates of competency and certificates of operation, for	41081
conducting hearings in accordance with Chapter 119. of the Revised	41082
Code related to these actions, and for the inspection of boilers	41083
and their appurtenances, and unfired pressure vessels.	41084

(C) Notwithstanding division (B) of this section, the	41085
superintendent shall not adopt rules relating to construction,	41086
maintenance, or repair of boilers and their appurtenances, or	41087
repair of unfired pressure vessels.	41088

(D) The superintendent and each general inspector may enter	41089
any premises and any building or room at all reasonable hours to	41090
perform an examination or inspection.	41091

Sec. 4104.07.  (A) An application for examination as an	41092
inspector of boilers and unfired pressure vessels shall be in	41093
writing, accompanied by a fee of fifty dollars, upon a blank to be	41094
furnished by the superintendent of industrial compliance. Any	41095
moneys collected under this section shall be paid into the state	41096
treasury to the credit of the industrial compliance operating fund	41097
created in section 121.084 of the Revised Code.	41098

(B) The superintendent shall determine if an applicant meets	41099
all the requirements for examination in accordance with rules	41100
adopted by the board of building standards under section 4104.02	41101
of the Revised Code. An application shall be rejected which	41102
contains any willful falsification, or untruthful statements.	41103

(C) An applicant shall be examined by the superintendent, by	41104
a written examination, prescribed by the board, dealing with the	41105
construction, installation, operation, maintenance, and repair of	41106
boilers and unfired pressure vessels and their appurtenances, and	41107
the applicant shall be accepted or rejected on the merits of the	41108
applicant's application and examination.	41109

(D) Upon a favorable report by the superintendent of the	41110
result of an examination, the superintendent shall immediately	41111
issue to the successful applicant a certificate of competency to	41112
that effect.	41113

Sec. 4104.08.  (A) The director of commerce may appoint from	41114
the holders of certificates of competency provided for in section	41115
4104.07 of the Revised Code, general inspectors of boilers and	41116
unfired pressure vessels.	41117

(B) Any company authorized to insure boilers and unfired	41118
pressure vessels against explosion in this state may designate	41119
from holders of certificates of competency issued by the	41120
superintendent of industrial compliance, or holders of	41121
certificates of competency or commissions issued by other states	41122
or nations whose examinations for certificates or commissions have	41123
been approved by the board of building standards, persons to	41124
inspect and stamp boilers and unfired pressure vessels covered by	41125
the company's policies, and the superintendent shall issue to such	41126
persons commissions authorizing them to act as special inspectors.	41127
Special inspectors shall be compensated by the company designating	41128
them.	41129

(C) The director of commerce shall establish an annual fee to	41130
be charged by the superintendent for each certificate of	41131
competency or commission the superintendent issues.	41132

(D) The superintendent shall issue to each general or special	41133
inspector a commission to the effect that the holder thereof is	41134
authorized to inspect boilers and unfired pressure vessels in this	41135
state.	41136

(E) No person shall be authorized to act as a general	41137
inspector or a special inspector who is directly or indirectly	41138
interested in the manufacture or sale of boilers or unfired	41139
pressure vessels.	41140

Sec. 4104.15.  (A) All certificates of inspection for	41141
boilers, issued prior to October 15, 1965, are valid and effective	41142
for the period set forth in such certificates unless sooner	41143
withdrawn by the superintendent of industrial compliance. The	41144
owner or user of any such boiler shall obtain an appropriate	41145
certificate of operation for such boiler, and shall not operate	41146
such boiler, or permit it to be operated unless a certificate of	41147
operation has been obtained in accordance with section 4104.17 of	41148
the Revised Code.	41149

(B) If, upon making the internal and external inspection	41150
required under sections 4104.11, 4104.12, and 4104.13 of the	41151
Revised Code, the inspector finds the boiler to be in safe working	41152
order, with the fittings necessary to safety, and properly set up,	41153
upon the inspector's report to the superintendent, the	41154
superintendent shall issue to the owner or user thereof, or renew,	41155
upon application and upon compliance with sections 4104.17 and	41156
4104.18 of the Revised Code, a certificate of operation which	41157
shall state the maximum pressure at which the boiler may be	41158
operated, as ascertained by the rules of the board of building	41159
standards. Such certificates shall also state the name of the	41160
owner or user, the location, size, and number of each boiler, and	41161
the date of issuance, and shall be so placed as to be easily read	41162
in the engine room or boiler room of the plant where the boiler is	41163
located, except that the certificate of operation for a portable	41164
boiler shall be kept on the premises and shall be accessible at	41165
all times.	41166

(C) If an inspector at any inspection finds that the boiler	41167
or unfired pressure vessel is not in safe working condition, or is	41168
not provided with the fittings necessary to safety, or if the	41169
fittings are improperly arranged, the inspector shall immediately	41170
notify the owner or user and person in charge of the boiler and	41171
shall report the same to the superintendent who may revoke,	41172
suspend, or deny the certificate of operation and not renew the	41173
same until the boiler or unfired pressure vessel and its fittings	41174
are put in condition to insure safety of operation, and the owner	41175
or user shall not operate the boiler or unfired pressure vessel,	41176
or permit it to be operated until such certificate has been	41177
granted or restored.	41178

(D) If the superintendent or a general boiler inspector finds	41179
that an unfireda pressure vessel or boiler or a part thereof	41180
poses an explosion hazard that reasonably can be regarded as	41181
posing an imminent danger of death or serious physical harm to	41182
persons, the superintendent or the general boiler inspector shall	41183
seal the unfired pressure vessel or boiler and order, in writing,	41184
the operator or owner of the unfired pressure vessel or boiler to	41185
immediately cease the unfired pressure vessel's or boiler's	41186
operation. The order shall be effective until the nonconformities	41187
are eliminated, corrected, or otherwise remedied, or for a period	41188
of seventy-two hours from the time of issuance, whichever occurs	41189
first. During the seventy-two-hour period, the superintendent may	41190
request that the prosecuting attorney or city attorney of Franklin	41191
county or of the county in which the unfired pressure vessel or	41192
boiler is located obtain an injunction restraining the operator or	41193
owner of the unfired pressure vessel or boiler from continuing its	41194
operation after the seventy-two-hour period expires until the	41195
nonconformities are eliminated, corrected, or otherwise remedied.	41196

(E) Each boiler which has been inspected shall be assigned a	41197
number by the superintendent, which number shall be stamped on a	41198
nonferrous metal tag affixed to the boiler or its fittings by seal	41199
or otherwise. No person except an inspector shall deface or remove	41200
any such number or tag.	41201

(F) If the owner or user of any unfired pressure vessel or	41202
boiler disagrees with the inspector as to the necessity for	41203
shutting down an unfireda pressure vessel or boiler or for making	41204
repairs or alterations in it, or taking any other measures for	41205
safety that are requested by an inspector, the owner or user may	41206
appeal from the decision of the inspector to the superintendent,	41207
who may, after such other inspection by a general inspector or	41208
special inspector as the superintendent deems necessary, decide	41209
the issue.	41210

(G) Neither sections 4104.01 to 4104.20 of the Revised Code,	41211
nor an inspection or report by any inspector, shall relieve the	41212
owner or user of an unfireda pressure vessel or boiler of the	41213
duty of using due care in the inspection, operation, and repair of	41214
the unfired pressure vessel or boiler or of any liability for	41215
damages for failure to inspect, repair, or operate the unfired	41216
pressure vessel or boiler safely.	41217

Sec. 4104.18.  (A) The owner or user of a boiler required	41218
under section 4104.12 of the Revised Code to be inspected upon	41219
installation, and the owner or user of a boiler for which a	41220
certificate of inspection has been issued which is replaced with	41221
an appropriate certificate of operation, shall pay to the	41222
superintendent of industrial compliance a fee in the amount of	41223
thirtyforty-five dollars for boilers subject to annual	41224
inspections under section 4104.11 of the Revised Code, sixty	41225
ninety dollars for boilers subject to biennial inspection under	41226
section 4104.13 of the Revised Code, ninetyone hundred	41227
thirty-five dollars for boilers subject to triennial inspection	41228
under section 4104.11 of the Revised Code, or onetwo hundred	41229
fiftytwenty-five dollars for boilers subject to quinquennial	41230
inspection under section 4104.13 of the Revised Code.	41231

A renewal fee in the amount of thirtyforty-five dollars	41232
shall be paid to the treasurer of state before the renewal of any	41233
certificate of operation.	41234

(B) The fee for complete inspection during construction by a	41235
general inspector on boilers and unfired pressure vessels	41236
manufactured within the state shall be thirty-five dollars per	41237
hour. Boiler and unfired pressure vessel manufacturers other than	41238
those located in the state may secure inspection by a general	41239
inspector on work during construction, upon application to the	41240
superintendent, and upon payment of a fee of thirty-five dollars	41241
per hour, plus the necessary traveling and hotel expenses incurred	41242
by the inspector.	41243

(C) The application fee for applicants for steam engineer,	41244
high pressure boiler operator, or low pressure boiler operator	41245
licenses is fifty dollars. The fee for each original or renewal	41246
steam engineer, high pressure boiler operator, or low pressure	41247
boiler operator license is thirty-five dollars.	41248

(D) The director of commerce, subject to the approval of the	41249
controlling board, may establish fees in excess of the fees	41250
provided in divisions (A), (B), and (C) of this section, provided	41251
that such fees do not exceed the amounts established in this	41252
section by more than fifty per cent. Any moneys collected under	41253
this section shall be paid into the state treasury to the credit	41254
of the industrial compliance operating fund created in section	41255
121.084 of the Revised Code.	41256

(E) Any person who fails to pay an invoiced renewal fee or an	41257
invoiced inspection fee required for any inspection conducted by	41258
the division of industrial compliance pursuant to this chapter	41259
within forty-five days of the invoice date shall pay a late	41260
payment fee equal to twenty-five per cent of the invoiced fee.	41261

(F) In addition to the fees assessed in divisions (A) and (B)	41262
of this section, the board of building standards shall assess the	41263
owner or user a fee of three dollars and twenty-five cents for	41264
each certificate of operation or renewal thereof issued under	41265
division (A) of this section and for each inspection conducted	41266
under division (B) of this section. The board shall adopt rules,	41267
in accordance with Chapter 119. of the Revised Code, specifying	41268
the manner by which the superintendent shall collect and remit to	41269
the board the fees assessed under this division and requiring that	41270
remittance of the fees be made at least quarterly.	41271

Sec. 4104.19. (A) Any person seeking a license to operate as	41272
a steam engineer, high pressure boiler operator, or low pressure	41273
boiler operator shall file a written application with the	41274
superintendent of industrial compliance on a form prescribed by	41275
the superintendent with the appropriate application fee as set	41276
forth in section 4104.18 of the Revised Code. The application	41277
shall contain information satisfactory to the superintendent to	41278
demonstrate that the applicant meets the requirements of division	41279
(B) of this section. The application shall be filed with the	41280
superintendent not more than sixty days and not less than thirty	41281
days before the license examination is offered.	41282

(B) To qualify to take the examination required to obtain a	41283
steam engineer, high pressure boiler operator, or low pressure	41284
boiler operator license, a person shall meet both of the following	41285
requirements:	41286

(1) Be at least eighteen years of age;

41287

(2) Have one year of experience in the operation of steam	41288
engines, high pressure boilers, or low pressure boilers as	41289
applicable to the type of license being sought, or a combination	41290
of experience and education for the type of license sought as	41291
determined to be acceptable by the superintendent.	41292

(C) No applicant shall qualify to take an examination or to	41293
renew a license if the applicant has violated this chapter or if	41294
the applicant has obtained or renewed a license issued under this	41295
chapter by fraud, misrepresentation, or deception.	41296

(D) The superintendent shall issue a license to each	41297
applicant who receives a passing score on the examination, as	41298
determined by the superintendent, for the license for which the	41299
applicant applied.	41300

(E) The superintendent shallmay select and contract with one	41301
or more persons to do all of the following relative to the	41302
examinations for a license to operate as a steam engineer, high	41303
pressure boiler operator, or low pressure boiler operator:	41304

(1) Prepare, administer, score, and maintain the	41305
confidentiality of the examination;	41306

(2) Maintain responsibility for all expenses required to	41307
fulfill division (E)(1) of this section;	41308

(3) Charge each applicant a fee for administering the	41309
examination, in an amount authorized by the superintendent;	41310

(4) Design the examination for each type of license to	41311
determine an applicant's competence to operate the equipment for	41312
which the applicant is seeking licensure.	41313

(F) Each license issued under this chapter expires one year	41314
after the date of issue. Each person holding a valid, unexpired	41315
license may renew the license, without reexamination, by applying	41316
to the superintendent not more than ninety days before the	41317
expiration of the license, and submitting with the application the	41318
renewal fee established in section 4104.18 of the Revised Code.	41319
Upon receipt of the renewal information and fee, the	41320
superintendent shall issue the licensee a certificate of renewal.	41321

(G) The superintendent, in accordance with Chapter 119. of	41322
the Revised Code, may suspend or revoke any license, or may refuse	41323
to issue a license under this chapter upon finding that a licensee	41324
or an applicant for a license has violated or is violating the	41325
requirements of this chapter.	41326

Sec. 4104.20.  No owner or operator of any boiler shall	41327
operate the same in violation of sections 4104.11 to 4104.16,	41328
inclusive, and 4104.18 of the Revised Code, or of any rule or	41329
regulation adopted by the board of building standards, pursuant to	41330
section 4104.02 of the Revised Code, or without having a boiler	41331
inspected and a certificate of operation issued therefor as	41332
provided in such sections or hinder or prevent a general or	41333
special inspector of boilers from entering any premises in or on	41334
which a boiler is situated for the purpose of inspection. No owner	41335
or operator of any unfired pressure vessel shall operate the same	41336
in violation of section 4104.10 of the Revised Code, or of any	41337
rule or regulation adopted by the board of building standards,	41338
pursuant to section 4104.02 of the Revised Code.	41339

Sec. 4104.41. (A) As used in sections 4104.41 to 4104.45	41340
4104.48 of the Revised Code:	41341

(1)(A) "Liquefied petroleum gas" means any material which is	41342
composed predominantly of any of the following hydrocarbons, or	41343
mixtures of the same: propane, propylene, normal butane, or	41344
isobutane or butylenes.	41345

(2)(B) "Other gaseous piping systems" excludes natural gas	41346
piping gas systems.	41347

(B) The director of commerce shall appoint general inspectors	41348
of power, refrigerating, hydraulic, heating, and liquefied	41349
petroleum gas piping systems. Such inspectors shall be appointed	41350
from holders of certificates of competency provided for in section	41351
4104.42 of the Revised Code.	41352

Salaries shall be appropriated in the same manner as the	41353
salaries of other employees of state departments, and expenses of	41354
such general inspectors shall be provided for in the same manner	41355
as the expenses of other employees of state departments.	41356

Sec. 4104.42. (A) Each manufacturer, contractor, owner, or	41357
user of power, refrigerating, hydraulic, heating and liquefied	41358
petroleum gas, oxygen, or other gaseous piping systems shall	41359
conduct tests required under rules adopted by the board of	41360
building standards under division (A)(1) of section 4104.44 of the	41361
Revised Code and certify in writing on forms provided under	41362
section 4104.43 of the Revised Code by the superintendent of	41363
industrial compliance in the department of commerce that the	41364
welding and brazing procedures used in the construction of those	41365
power, refrigerating, hydraulic, heating and liquefied petroleum	41366
gas, oxygen, or other gaseous piping systems meet the standards	41367
established by the board under division (A)(1) of section 4104.44	41368
of the Revised Code.	41369

(B) Each manufacturer, contractor, owner, or user of power,	41370
refrigerating, hydraulic, heating and liquefied petroleum gas,	41371
oxygen, or other gaseous piping systems who causes welding or	41372
brazing to be performed in the construction of power,	41373
refrigerating, hydraulic, heating and liquefied petroleum gas,	41374
oxygen, or other gaseous piping systems shall maintain at least	41375
one copy of the forms described in division (A) of this section	41376
and make that copy accessible to any individual certified by the	41377
board of building standards pursuant to division (E) of section	41378
3781.10 of the Revised Code.	41379

(C) An individual certified by the board of building	41380
standards pursuant to division (E) of section 3781.10 of the	41381
Revised Code shall examine the forms described in division (A) of	41382
this section to determine compliance with the rules adopted by the	41383
board of building standards under division (A)(1) of section	41384
4104.44 of the Revised Code.	41385

(D) An individual certified by the board of building	41386
standards pursuant to division (E) of section 3781.10 of the	41387
Revised Code with reason to question the certification or ability	41388
of any welder or brazer shall report the concerns to the	41389
superintendent of the division of industrial compliance in the	41390
department of commerce. The superintendent shall investigate those	41391
concerns. If the superintendent finds facts that substantiate the	41392
concerns of the individual certified by the board of building	41393
standards pursuant to division (E) of section 3781.10 of the	41394
Revised Code, the superintendent may require the welder or brazer	41395
in question to become recertified by a private vendor in the same	41396
manner by which five-year recertification is required under	41397
section 4104.46 of the Revised Code. The superintendent also may	41398
utilize the services of an independent testing laboratory to	41399
witness the welding or brazing performed on the project in	41400
question and to conduct tests on coupons to determine whether the	41401
coupons meet the requirements of the rules adopted by the board of	41402
building standards under division (A)(1) of section 4104.44 of the	41403
Revised Code.	41404

Sec. 4104.43. (A) Each manufacturer, contractor, owner, or	41405
user of power, refrigerating, hydraulic, heating and liquefied	41406
petroleum gas, oxygen, or other gaseous piping systems who causes	41407
welding or brazing to be performed in the construction of a power,	41408
refrigerating, hydraulic, heating and liquefied petroleum gas,	41409
oxygen, or other gaseous piping system shall file with the	41410
superintendent of the division of industrial compliance two	41411
complete copies of forms provided by the superintendent that	41412
identify the welding and brazing procedure specifications and	41413
welder and brazer performance qualifications performed in the	41414
construction of that power, refrigerating, hydraulic, heating and	41415
liquefied petroleum gas, oxygen, or other gaseous piping system.	41416

(B)(1) Upon receipt of the forms filed under division (A) of	41417
this section, the superintendent shall review the welding and	41418
brazing procedure specifications and welder and brazer performance	41419
qualifications as indicated on the forms to determine compliance	41420
with rules adopted by the board of building standards under	41421
division (A)(1) of section 4104.44 of the Revised Code.	41422

(2) If the superintendent finds that the welding and brazing	41423
procedure specifications and welder and brazer performance	41424
qualifications comply with the requirements of the rules adopted	41425
by the board of building standards under division (A)(1) of	41426
section 4104.44 of the Revised Code, the superintendent shall	41427
approve the welding and brazing procedure specifications and	41428
welder and brazer performance qualifications as indicated on the	41429
forms and return one copy to the manufacturer, contractor, owner,	41430
or user of power, refrigerating, hydraulic, heating and liquefied	41431
petroleum gas, oxygen, or other gaseous piping systems who	41432
submitted the forms.	41433

(3) If the superintendent finds that the welding and brazing	41434
procedure specifications and welder and brazer performance	41435
qualifications do not comply with the requirements of the rules	41436
adopted by the board of building standards under division (A)(1)	41437
of section 4104.44 of the Revised Code, the superintendent shall	41438
indicate on the forms that the welding and brazing procedure	41439
specifications and welder and brazer performance qualifications	41440
are not approved and return one copy of the form to the	41441
manufacturer, contractor, owner, or user of power, refrigerating,	41442
hydraulic, heating and liquefied petroleum gas, oxygen, or other	41443
gaseous piping systems who submitted the forms with an explanation	41444
of why the welding and brazing procedure specifications and welder	41445
and brazer performance qualifications were not approved.	41446

Sec. 4104.44.  (A) The board of building standards,	41447
established by section 3781.07 of the Revised Code, shall:	41448

(1) FormulateAdopt rules governing the design, plan review,	41449
approval, construction, and installation of power, refrigerating,	41450
hydraulic, heating, and liquefied petroleum gas, oxygen, and other	41451
gaseous piping systems. SuchThe board of building standards may	41452
include the rules for gaseous piping systems with the rules it	41453
adopts for buildings pursuant to section 3781.10 of the Revised	41454
Code or with the rules it adopts for piping systems pursuant to	41455
this section. The rules shall prescribe uniform minimum standards	41456
necessary for the protection of the public health and safety and	41457
shall include rules establishing the safe working pressure to be	41458
carried by any such systems; a program for the certification of	41459
the welding and brazing procedures proposed to be used on any such	41460
system by the owner or operator of any welding or brazing business	41461
and for quinquennial performance testing of welders and brazers	41462
who work on any such system; and measures for the conservation of	41463
energy. SuchThe rules shall be based upon and follow generally	41464
accepted engineering standards, formulas, and practices	41465
established and pertaining to such piping construction,	41466
installation, and testing. The board may, for this purpose, adopt	41467
existing published standards, as well as amendments thereto	41468
subsequently published by the same authority.	41469

(2) Prescribe the tests, to ascertain the qualities of	41470
materials and welding and brazing materials used in the	41471
construction of power, refrigerating, hydraulic, heating, and	41472
liquefied petroleum gas, oxygen, and other gaseous piping systems;	41473

(3) Make a standard form of certificate of inspection;

41474

(4) Prescribe the examinations for applicants for	41475
certificates of competency provided for in section 4104.42 of the	41476
Revised Code and performance tests to determine the proficiency of	41477
welders and brazers;	41478

(5) Certify municipal and county building departments to	41479
inspect power, refrigerating, hydraulic, heating, and liquefied	41480
petroleum gas, oxygen, and other gaseous piping systems and adopt	41481
rules governing such certification;	41482

(6) Establish the fee to be charged for an inspection made by	41483
a general inspector and for the filing and auditing of special	41484
inspector reports, and collect all fees established in this	41485
section.	41486

The fee for the quinquennial performance tests shall be	41487
fifteen dollars and the fee for certification of welding and	41488
brazing procedures mentioned in division (A) of this section shall	41489
be sixty dollars, except that the board of building standards,	41490
with the approval of the controlling board, may establish fees in	41491
excess of these fees, provided that the fees do not exceed the	41492
amounts of these fees by more than fifty per cent. The fee for	41493
each welding and brazing instruction sheet and procedure	41494
qualification record shall be fifteen dollars. Any moneys	41495
collected under this section shall be paid into the state treasury	41496
to the credit of the industrial compliance operating fund created	41497
in section 121.084 of the Revised Code.	41498

(B) Piping is exempt from the requirements for submission of	41499
applications and inspections and the necessity to obtain permits,	41500
as required under this section and section 4104.45 of the Revised	41501
Code, or under rules adopted pursuant to those sections, for	41502
power, refrigerating, hydraulic, heating, and liquefied petroleum	41503
gas, oxygen, and gaseous piping systems if the piping is used:	41504

(1) In air cooling systems in residential or commercial	41505
buildings and if such systems do not exceed five tons (sixty	41506
thousand British thermal units per hour) per system; or	41507

(2) In air heating systems in residential or commercial	41508
buildings and if such systems do not exceed one hundred fifty	41509
thousand British thermal units per hour per system.	41510

(C) The board of building standards may, by rule, exempt from	41511
the rules adopted pursuant to division (A)(1) of this section any	41512
pressure pipingpower, refrigerating, hydraulic, heating and	41513
liquefied petroleum gas, oxygen, or other gaseous piping systems	41514
whichthat pose no appreciable danger to the public health and	41515
safety.	41516

Sec. 4104.45.  (A) Except as otherwise provided in section	41517
4104.44 of the Revised Code, new power, refrigerating, hydraulic,	41518
heating, liquefied petroleum gas, oxygen, and other gaseous piping	41519
systems shall be thoroughly inspected in accordance with the rules	41520
of the board of building standards. Such inspectioninspections	41521
shall be performed by one of the following:	41522

(1) General inspectors of pressure piping systems;

41523

(2) Special inspectors provided for in section 4104.43 of the	41524
Revised Code;	41525

(3) Local inspectors provided for in section 4104.43 of the	41526
Revised Code.	41527

(B) Owners or users of pressure piping systems required to be	41528
inspected under this section shall pay to the division of	41529
industrial compliance in the department of commerce a fee of one	41530
hundred fifty dollars plus an additional fee determined as	41531
follows:	41532

(1) On or before June 30, 2000, two per cent of the actual	41533
cost of the system for each inspection made by a general	41534
inspector;	41535

(2) On July 1, 2000, and through June 30, 2001, one and	41536
eight-tenths per cent of the actual cost of the system for each	41537
inspection made by a general inspector;	41538

(3) On and after July 1, 2001, one per cent of the actual	41539
cost of the system for each inspection made by a general	41540
inspector.	41541

(C) The board of building standards, subject to the approval	41542
of the controlling board, may establish a fee in excess of the fee	41543
provided in division (B) of this section, provided that the fee	41544
does not exceed the amount established in this section by more	41545
than fifty per cent.	41546

(D) In addition to the fee assessed in division (B) of this	41547
section, the board of building standards shall assess the owner or	41548
user a fee of three dollars and twenty-five cents for each system	41549
inspected pursuant to this section. The board shall adopt rules,	41550
in accordance with Chapter 119. of the Revised Code, specifying	41551
the manner by which the superintendent of the division of	41552
industrial compliance in the department of commerce shall collect	41553
and remit to the board the fees assessed under this division and	41554
requiring that remittance of the fees be made at least quarterly.	41555

(E) Any moneys collected under this section shall be paid	41556
into the state treasury to the credit of the industrial compliance	41557
operating fund created in section 121.084 of the Revised Code.	41558

(F) Any person who fails to pay an inspection fee required	41559
for any inspection conducted by the division pursuant to this	41560
chapter within forty-five days after the inspection is conducted	41561
shall pay a late payment fee equal to twenty-five per cent of the	41562
inspection feeinspectors designated by the superintendent of the	41563
division of industrial compliance in the department of commerce	41564
or, within jurisdictional limits established by the board of	41565
building standards, by individuals certified by the board of	41566
building standards pursuant to division (E) of section 3781.10 of	41567
the Revised Code who are designated to do so by local building	41568
departments, as appropriate.	41569

(G)(B) The superintendent of the division of industrial	41570
compliance in the department of commerce may issue adjudication	41571
orders as necessary for the enforcement of sections 4104.41 to	41572
4104.464104.48 of the Revised Code and rules adopted under those	41573
sections. No person shall violate or fail to comply with the terms	41574
and conditions of an adjudication order issued under this	41575
division. Adjudication orders issued pursuant to this division and	41576
appeals thereof are governed by section 3781.19 of the Revised	41577
Code.	41578

Sec. 4104.46. (A) The design, installation, and testing of	41579
nonflammable medical gas and vacuum piping systems within the	41580
scope of the national fire protection association standard,	41581
section 1-1 of "NFPA 99C, Gas and Vacuum Systems," is governed by	41582
that national fire protection association standard.	41583

(B) Installers, inspectors, verifiers, construction	41584
contracting maintenance personnel, and instructors for the design,	41585
installation, and testing of nonflammable medical gas and vacuum	41586
piping systems shall obtain certification by the American society	41587
of sanitary engineers in accordance with the American society of	41588
sanitary engineering series 6000 requirements.	41589

Sec. 4104.47. (A) No individual other than one certified by a	41590
private vendor in accordance with rules adopted by the board of	41591
building standards shall perform welding or brazing or both in the	41592
construction of power, refrigerating, hydraulic, heating and	41593
liquefied petroleum gas, oxygen, or other gaseous piping systems.	41594

(B) Each welder or brazer certified by a private vendor to	41595
perform welding or brazing or both in the construction of power,	41596
refrigerating, hydraulic, heating and liquefied petroleum gas,	41597
oxygen, or other gaseous piping systems shall be recertified by a	41598
private vendor to perform those services five years after the date	41599
of the original certification and every five years thereafter in	41600
accordance with rules adopted by the board. A private vendor shall	41601
recertify a welder or brazer who meets the requirements	41602
established by the board under division (A)(1) of section 4104.44	41603
of the Revised Code.	41604

Sec. 4104.46.        Sec. 4104.48.  (A) No person shall violate sections	41605
4104.41 to 4104.464104.48 of the Revised Code, fail to perform	41606
any duty lawfully enjoined in connection with those sections, or	41607
fail to comply with any order issued by the superintendent of the	41608
division of industrial compliance or any judgment or decree issued	41609
by any court in connection with the enforcement of sections	41610
4104.41 to 4104.464104.48 of the Revised Code.	41611

(B) Every day during which a person violates sections 4104.41	41612
to 4104.464104.48 of the Revised Code, fails to perform any duty	41613
lawfully enjoined in connection with those sections, or fails to	41614
comply with any order issued by the superintendent of the division	41615
of industrial compliance or any judgment or decree issued by any	41616
court in connection with the enforcement of sections 4104.41 to	41617
4104.464104.48 of the Revised Code constitutes a separate	41618
offense.	41619

Sec. 4105.17.  (A) The fee for each inspection, or attempted	41620
inspection that, due to no fault of a general inspector or the	41621
division of industrial compliance, is not successfully completed,	41622
by a general inspector before the operation of a permanent new	41623
elevator prior to the issuance of a certificate of operation,	41624
before operation of an elevator being put back into service after	41625
a repair, or as a result of the operation of section 4105.08 of	41626
the Revised Code and is an elevator required to be inspected under	41627
this chapter is twenty dollars plus ten dollars for each floor	41628
where the elevator stops. The superintendent of industrial	41629
compliance may assess an additional fee of one hundred twenty-five	41630
dollars plus five dollars for each floor where an elevator stops	41631
for the reinspection of an elevator when a previous attempt to	41632
inspect that elevator has been unsuccessful through no fault of a	41633
general inspector or the division of industrial compliance.	41634

(B) The fee for each inspection, or attempted inspection,	41635
that due to no fault of the general inspector or the division of	41636
industrial compliance, is not successfully completed by a general	41637
inspector before operation of a permanent new escalator or moving	41638
walk prior to the issuance of a certificate of operation, before	41639
operation of an escalator or moving walk being put back in service	41640
after a repair, or as a result of the operation of section 4105.08	41641
of the Revised Code is three hundred dollars. The superintendent	41642
of the division of industrial compliance may assess an additional	41643
fee of one hundred fifty dollars for the reinspection of an	41644
escalator or moving walk when a previous attempt to inspect that	41645
escalator or moving walk has been unsuccessful through no fault of	41646
the general inspector or the division of industrial compliance.	41647

(C) The fee for issuing or renewing a certificate of	41648
operation under section 4105.15 of the Revised Code for an	41649
elevator that is inspected every six months in accordance with	41650
division (A) of section 4105.10 of the Revised Code is onetwo	41651
hundred five dollars plus ten dollars for each floor where the	41652
elevator stops, except where the elevator has been inspected by a	41653
special inspector in accordance with section 4105.07 of the	41654
Revised Code.	41655

(D) The fee for issuing or renewing a certificate of	41656
operation under section 4105.05 of the Revised Code for an	41657
elevator that is inspected every twelve months in accordance with	41658
division (A) of section 4105.10 of the Revised Code is fifty-five	41659
dollars plus ten dollars for each floor where the elevator stops,	41660
except where the elevator has been inspected by a special	41661
inspector in accordance with section 4105.07 of the Revised Code.	41662

(E) The fee for issuing or renewing a certificate of	41663
operation under section 4105.15 of the Revised Code for an	41664
escalator or moving walk is three hundred dollars, except where	41665
the escalator or moving walk has been inspected by a special	41666
inspector in accordance section 4105.07 of the Revised Code.	41667

(F) All other fees to be charged for any examination given or	41668
other service performed by the division of industrial compliance	41669
pursuant to this chapter shall be prescribed by the director of	41670
commerce. The fees shall be reasonably related to the costs of	41671
such examination or other service.	41672

(G) The director of commerce, subject to the approval of the	41673
controlling board, may establish fees in excess of the fees	41674
provided in divisions (A) and, (B), (C), (D), and (E) of this	41675
section, provided that the fees do not exceed the amounts	41676
established in divisions (A) and (B) of this section by more than	41677
fifty per cent. Any moneys collected under this section shall be	41678
paid into the state treasury to the credit of the industrial	41679
compliance operating fund created in section 121.084 of the	41680
Revised Code.	41681

(H) Any person who fails to pay an inspection fee required	41682
for any inspection conducted by the division pursuant to this	41683
chapter within forty-five days after the inspection is conducted	41684
shall pay a late payment fee equal to twenty-five per cent of the	41685
inspection fee.	41686

(I) In addition to the fees assessed in divisions (A), (B),	41687
(C), and (D), and (E) of this section, the board of building	41688
standards shall assess a fee of three dollars and twenty-five	41689
cents for each certificate of operation or renewal thereof issued	41690
under divisiondivisions (A), (B), (C), (D), or (E) of this	41691
section and for each permit issued under section 4105.16 of the	41692
Revised Code. The board shall adopt rules, in accordance with	41693
Chapter 119. of the Revised Code, specifying the manner by which	41694
the superintendent of industrial compliance shall collect and	41695
remit to the board the fees assessed under this division and	41696
requiring that remittance of the fees be made at least quarterly.	41697

(J) For purposes of this section:

41698

(1) "Escalator" means a power driven, inclined, continuous	41699
stairway used for raising or lowering passengers.	41700

(2) "Moving walk" means a passenger carrying device on which	41701
passengers stand or walk, with a passenger carrying surface that	41702
is uninterrupted and remains parallel to its direction of motion.	41703

Sec. 4112.15.  There is hereby created in the state treasury	41704
the civil rights commission general reimbursement fund, which	41705
shall be used to pay operating costs of the commission. All	41706
amounts received by the commission, and all amounts awarded by a	41707
court to the commission, for attorney's fees, court costs, expert	41708
witness fees, and other litigation expenses shall be paid into the	41709
state treasury to the credit of the fund. All money paid to	41710
amounts received by the commission for copies of commission	41711
documents and for other goods and services furnished by the	41712
commission shall be creditedpaid into the state treasury to the	41713
credit of the fund.	41714

Sec. 4115.10.  (A) No person, firm, corporation, or public	41715
authority that constructs a public improvement with its own	41716
forces, the total overall project cost of which is fairly	41717
estimated to be more than the amounts set forth in division (B)(1)	41718
or (2) of section 4115.03 of the Revised Code, adjusted biennially	41719
by the director of commerce pursuant to section 4115.034 of the	41720
Revised Code, shall violate the wage provisions of sections	41721
4115.03 to 4115.16 of the Revised Code, or suffer, permit, or	41722
require any employee to work for less than the rate of wages so	41723
fixed, or violate the provisions of section 4115.07 of the Revised	41724
Code. Any employee upon any public improvement, except an employee	41725
to whom or on behalf of whom restitution is made pursuant to	41726
division (C) of section 4115.13 of the Revised Code, who is paid	41727
less than the fixed rate of wages applicable thereto may recover	41728
from such person, firm, corporation, or public authority that	41729
constructs a public improvement with its own forces the difference	41730
between the fixed rate of wages and the amount paid to the	41731
employee and in addition thereto a sum equal to twenty-five per	41732
cent of that difference. The person, firm, corporation, or public	41733
authority who fails to pay the rate of wages so fixed also shall	41734
pay a penalty to the director of seventy-five per cent of the	41735
difference between the fixed rate of wages and the amount paid to	41736
the employees on the public improvement. The director shall	41737
deposit all moneys received from penalties paid to the director	41738
pursuant to this section into the penalty enforcement fund, which	41739
is hereby created in the state treasury. The director shall use	41740
the fund for the enforcement of sections 4115.03 to 4115.16 of the	41741
Revised Code. The employee may file suit for recovery within sixty	41742
ninety days of the director's determination of a violation of	41743
sections 4115.03 to 4115.16 of the Revised Code or is barred from	41744
further action under this division. Where the employee prevails in	41745
a suit, the employer shall pay the costs and reasonable attorney's	41746
fees allowed by the court.	41747

(B) Any employee upon any public improvement who is paid less	41748
than the prevailing rate of wages applicable thereto may file a	41749
complaint in writing with the director upon a form furnished by	41750
the director. At the written requestThe complaint shall include	41751
documented evidence to demonstrate that the employee was paid less	41752
than the prevailing wage in violation of this chapter. Upon	41753
receipt of a properly completed written complaint of any employee	41754
paid less than the prevailing rate of wages applicable, the	41755
director shall take an assignment of a claim in trust for the	41756
assigning employee and bring any legal action necessary to collect	41757
the claim. The employer shall pay the costs and reasonable	41758
attorney's fees allowed by the court if the employer is found in	41759
violation of sections 4115.03 to 4115.16 of the Revised Code.	41760

(C) If after investigation pursuant to section 4115.13 of the	41761
Revised Code, the director determines there is a violation of	41762
sections 4115.03 to 4115.16 of the Revised Code and a period of	41763
sixty days has elapsed from the date of the determination, and if:	41764

(1) No employee has brought suit pursuant to division (A) of	41765
this section;	41766

(2) No employee has requested that the director take an	41767
assignment of a wage claim pursuant to division (B) of this	41768
section;	41769

The director shall bring any legal action necessary to	41770
collect any amounts owed to employees and the director. The	41771
director shall pay over to the affected employees the amounts	41772
collected to which the affected employees are entitled under	41773
division (A) of this section. In any action in which the director	41774
prevails, the employer shall pay the costs and reasonable	41775
attorney's fees allowed by the court.	41776

(D) Where persons are employed and their rate of wages has	41777
been determined as provided in section 4115.04 of the Revised	41778
Code, no person, either for self or any other person, shall	41779
request, demand, or receive, either before or after the person is	41780
engaged, that the person so engaged pay back, return, donate,	41781
contribute, or give any part or all of the person's wages, salary,	41782
or thing of value, to any person, upon the statement,	41783
representation, or understanding that failure to comply with such	41784
request or demand will prevent the procuring or retaining of	41785
employment, and no person shall, directly or indirectly, aid,	41786
request, or authorize any other person to violate this section.	41787
This division does not apply to any agent or representative of a	41788
duly constituted labor organization acting in the collection of	41789
dues or assessments of such organization.	41790

(E) The director shall enforce sections 4115.03 to 4115.16 of	41791
the Revised Code.	41792

(F) For the purpose of supplementing existing resources and	41793
to assist in enforcing division (E) of this section, the director	41794
may contract with a person registered as a public accountant under	41795
Chapter 4701. of the Revised Code to conduct an audit of a person,	41796
firm, corporation, or public authority.	41797

Sec. 4115.21.  A person who files a complaint with the	41798
director of commerce alleging a violation of sections 4115.03 to	41799
4115.16 of the Revised Code shall file the complaint within two	41800
years after the completion of the public improvement upon which	41801
the violation is alleged to have occurred or be barred from	41802
further administrative action under this chapter.	41803

Sec. 4117.02.  (A) There is hereby created the state	41804
employment relations board, consisting of three members to be	41805
appointed by the governor with the advice and consent of the	41806
senate. Members shall be knowledgeable about labor relations or	41807
personnel practices. No more than two of the three members shall	41808
belong to the same political party. A member of the board during	41809
the member's period of service shall hold no other public office	41810
or public or private employment and shall allow no other	41811
responsibilities to interfere or conflict with the member's duties	41812
as a full-time board member. Of the initial appointments made to	41813
the board, one shall be for a term ending October 6, 1984, one	41814
shall be for a term ending October 6, 1985, and one shall be for a	41815
term ending October 6, 1986. Thereafter, terms of office shall be	41816
for six years, each term ending on the same day of the same month	41817
of the year as did the term that it succeeds. Each member shall	41818
hold office from the date of the member's appointment until the	41819
end of the term for which the member is appointed. Any member	41820
appointed to fill a vacancy occurring prior to the expiration of	41821
the term for which the member's predecessor was appointed shall	41822
hold office for the remainder of the term. Any member shall	41823
continue in office subsequent to the expiration of the member's	41824
term until the member's successor takes office or until a period	41825
of sixty days has elapsed, whichever occurs first. The	41826

The governor shall designate one member to serve as	41827
chairperson of the board. The governor may remove any member of	41828
the board, upon notice and public hearing, for neglect of duty or	41829
malfeasance in office, but for no other cause.	41830

(B) A(1) The governor shall designate one member of the	41831
board to serve as chairperson of the board. The chairperson is the	41832
head of the board and its chief executive officer.	41833

(2) The chairperson shall exercise all administrative powers	41834
and duties conferred upon the board under this chapter and shall	41835
do all of the following:	41836

(a) Except as provided in division (F)(2) of this section,	41837
employ, promote, supervise, and remove all employees of the board,	41838
and establish, change, or abolish positions and assign or reassign	41839
the duties of those employees as the chairperson determines	41840
necessary to achieve the most efficient performance of the board's	41841
duties under this chapter;	41842

(b) Maintain the office of the board in Columbus and manage	41843
the office's daily operations, including securing facilities,	41844
equipment, and supplies necessary to house the board, employees of	41845
the board, and files and records under the board's control;	41846

(c) Prepare and submit to the office of budget and management	41847
a budget for each biennium according to section 107.03 of the	41848
Revised Code, and include in the budget the costs of the board and	41849
its staff and the board's costs in discharging any duty imposed by	41850
law upon the board, the chairperson, or any of the board's	41851
employees or agents.	41852

(C) The vacancy on the board does not impair the right of the	41853
remaining members to exercise all the powers of the board, and two	41854
members of the board, at all times, constitute a quorum. The board	41855
shall have an official seal of which courts shall take judicial	41856
notice.	41857

(C)(D) The board shall make an annual report in writing to	41858
the governor and to the general assembly, stating in detail the	41859
work it has done.	41860

(D)(E) Compensation of the chairperson and members shall be	41861
in accordance with division (J) of section 124.15 of the Revised	41862
Code. The chairperson and the members are eligible for	41863
reappointment. In addition to such compensation, all members shall	41864
be reimbursed for their necessary expenses incurred in the	41865
performance of their work as members.	41866

(E)(F)(1) The chairperson, after consulting with the other	41867
board members and receiving the consent of at least one other	41868
board member, shall appoint an executive director and. The	41869
chairperson also shall appoint attorneys,and attorney-trial	41870
examiners, mediators, arbitrators, members of fact-finding panels,	41871
directors for local areas, and other employees as it finds	41872
necessary for the proper performance of its duties and may	41873
prescribe their duties. The	41874

(2) The board shall appoint mediators, arbitrators, members	41875
of fact-finding panels, and directors for local areas, and shall	41876
prescribe their job duties.	41877

(G)(1) The executive director shall serve at the pleasure of	41878
the chairperson. The executive director, under the direction of	41879
the chairperson, shall do all of the following:	41880

(a) Act as chief administrative officer for the board;

41881

(b) Ensure that all employees of the board comply with the	41882
rules of the board;	41883

(c) Do all things necessary for the efficient and effective	41884
implementation of the duties of the board.	41885

(2) The duties of the executive director described in	41886
division (G)(1) of this section do not relieve the chairperson	41887
from final responsibility for the proper performance of the duties	41888
described in that division.	41889

(H) The attorney general shall be the legal adviser of the	41890
board and shall appear for and represent the board and its agents	41891
in all legal proceedings. The board may utilize regional, local,	41892
or other agencies, and utilize voluntary and uncompensated	41893
services as needed. The board may contract with the federal	41894
mediation and conciliation service for the assistance of	41895
mediators, arbitrators, and other personnel the service makes	41896
available. The board and the chairperson, respectively, shall	41897
appoint all employees on the basis of training, practical	41898
experience, education, and character, notwithstanding the	41899
requirements established by section 119.09 of the Revised Code.	41900
The board shall give special regard to the practical training and	41901
experience that employees have for the particular position	41902
involved. All full-time employees of the board excepting the	41903
executive director, the head of the bureau of mediation, and the	41904
personal secretaries and assistants of the board members are in	41905
the classified service. All employees of the board shall be paid	41906
in accordance with Chapter 124. of the Revised Code.	41907

(F)(I) The board shall select and assign examiners and other	41908
agents whose functions are to conduct hearings with due regard to	41909
their impartiality, judicial temperament, and knowledge. If in any	41910
proceeding under this chapter, any party prior to five days before	41911
the hearing thereto files with the board a sworn statement	41912
charging that the examiner or other agent designated to conduct	41913
the hearing is biased or partial in the proceeding, the board may	41914
disqualify the person and designate another examiner or agent to	41915
conduct the proceeding. At least ten days before any hearing, the	41916
board shall notify all parties to a proceeding of the name of the	41917
examiner or agent designated to conduct the hearing.	41918

(G)(J) The principal office of the board is in Columbus, but	41919
it may meet and exercise any or all of its powers at any other	41920
place within the state. The board may, by one or more of its	41921
employees, or any agents or agencies it designates, conduct in any	41922
part of this state any proceeding, hearing, investigation,	41923
inquiry, or election necessary to the performance of its	41924
functions; provided, that no person so designated may later sit in	41925
determination of an appeal of the decision of that cause or	41926
matter.	41927

(H)(K) In addition to the powers and functions provided in	41928
other sections of this chapter, the board shall do all of the	41929
following:	41930

(1) Create a bureau of mediation within the state employment	41931
relations board, to perform the functions provided in section	41932
4117.14 of the Revised Code. This bureau shall also establish,	41933
after consulting representatives of employee organizations and	41934
public employers, panels of qualified persons to be available to	41935
serve as members of fact-finding panels and arbitrators.	41936

(2) Conduct studies of problems involved in representation	41937
and negotiation and make recommendations for legislation;	41938

(3) Hold hearings pursuant to this chapter and, for the	41939
purpose of the hearings and inquiries, administer oaths and	41940
affirmations, examine witnesses and documents, take testimony and	41941
receive evidence, compel the attendance of witnesses and the	41942
production of documents by the issuance of subpoenas, and delegate	41943
these powers to any members of the board or any attorney-trial	41944
examiner appointed by the board for the performance of its	41945
functions;	41946

(4) Train representatives of employee organizations and	41947
public employers in the rules and techniques of collective	41948
bargaining procedures;	41949

(5) Make studies and analyses of, and act as a clearinghouse	41950
of information relating to, conditions of employment of public	41951
employees throughout the state and request assistance, services,	41952
and data from any public employee organization, public employer,	41953
or governmental unit. Public employee organizations, public	41954
employers, and governmental units shall provide such assistance,	41955
services, and data as will enable the board to carry out its	41956
functions and powers.	41957

(6) Make available to employee organizations, public	41958
employers, mediators, fact-finding panels, arbitrators, and joint	41959
study committees statistical data relating to wages, benefits, and	41960
employment practices in public and private employment applicable	41961
to various localities and occupations to assist them to resolve	41962
issues in negotiations;	41963

(7) Notwithstanding section 119.13 of the Revised Code,	41964
establish standards of persons who practice before it;	41965

(8) Adopt, amend, and rescind rules and procedures and	41966
exercise other powers appropriate to carry out this chapter.	41967
Before the adoption, amendment, or rescission of rules and	41968
procedures under this section, the board shall do all of the	41969
following:	41970

(a) Maintain a list of interested public employers and	41971
employee organizations and mail notice to such groups of any	41972
proposed rule or procedure, amendment thereto, or rescission	41973
thereof at least thirty days before any public hearing thereon;	41974

(b) Mail a copy of each proposed rule or procedure, amendment	41975
thereto, or rescission thereof to any person who requests a copy	41976
within five days after receipt of the request therefor;	41977

(c) Consult with appropriate statewide organizations	41978
representing public employers or employees who would be affected	41979
by the proposed rule or procedure.	41980

Although the board is expected to discharge these duties	41981
diligently, failure to mail any notice or copy, or to so consult	41982
with any person, is not jurisdictional and shall not be construed	41983
to invalidate any proceeding or action of the board.	41984

(I)(L) In case of neglect or refusal to obey a subpoena	41985
issued to any person, the court of common pleas of the county in	41986
which the investigation or the public hearing occurs, upon	41987
application by the board, may issue an order requiring the person	41988
to appear before the board and give testimony about the matter	41989
under investigation. The court may punish a failure to obey the	41990
order as contempt.	41991

(J)(M) Any subpoena, notice of hearing, or other process or	41992
notice of the board issued under this section may be served	41993
personally, by certified mail, or by leaving a copy at the	41994
principal office or personal residence of the respondent required	41995
to be served. A return, made and verified by the individual making	41996
the service and setting forth the manner of service, is proof of	41997
service, and a return post office receipt, when certified mail is	41998
used, is proof of service. All process in any court to which	41999
application is made under this chapter may be served in the county	42000
wherein the persons required to be served reside or are found.	42001

(K)(N) All expenses of the board, including all necessary	42002
traveling and subsistence expenses incurred by the members or	42003
employees of the board under its orders, shall be paid pursuant to	42004
itemized vouchers approved by the chairperson of the board, the	42005
executive director, or both, or such other person as the board	42006
chairperson designates for that purpose.	42007

(L)(O) Whenever the board determines that a substantial	42008
controversy exists with respect to the application or	42009
interpretation of this chapter and the matter is of public or	42010
great general interest, the board shall certify its final order	42011
directly to the court of appeals having jurisdiction over the area	42012
in which the principal office of the public employer directly	42013
affected by the application or interpretation is located. The	42014
chairperson shall file with the clerk of the court a certified	42015
copy of the transcript of the proceedings before the board	42016
pertaining to the final order. If upon hearing and consideration	42017
the court decides that the final order of the board is unlawful or	42018
is not supported by substantial evidence on the record as a whole,	42019
the court shall reverse and vacate the final order or modify it	42020
and enter final judgment in accordance with the modification;	42021
otherwise, the court shall affirm the final order. The notice of	42022
the final order of the board to the interested parties shall	42023
contain a certification by the chairperson of the board that the	42024
final order is of public or great general interest and that a	42025
certified transcript of the record of the proceedings before the	42026
board had been filed with the clerk of the court as an appeal to	42027
the court. For the purposes of this division, the board has	42028
standing to bring its final order properly before the court of	42029
appeals.	42030

(M)(P) Except as otherwise specifically provided in this	42031
section, the board is subject to Chapter 119. of the Revised Code,	42032
including the procedure for submission of proposed rules to the	42033
general assembly for legislative review under division (H) of	42034
section 119.03 of the Revised Code.	42035

Sec. 4117.14.  (A) The procedures contained in this section	42036
govern the settlement of disputes between an exclusive	42037
representative and a public employer concerning the termination or	42038
modification of an existing collective bargaining agreement or	42039
negotiation of a successor agreement, or the negotiation of an	42040
initial collective bargaining agreement.	42041

(B)(1) In those cases where there exists a collective	42042
bargaining agreement, any public employer or exclusive	42043
representative desiring to terminate, modify, or negotiate a	42044
successor collective bargaining agreement shall:	42045

(a) Serve written notice upon the other party of the proposed	42046
termination, modification, or successor agreement. The party must	42047
serve the notice not less than sixty days prior to the expiration	42048
date of the existing agreement or, in the event the existing	42049
collective bargaining agreement does not contain an expiration	42050
date, not less than sixty days prior to the time it is proposed to	42051
make the termination or modifications or to make effective a	42052
successor agreement.	42053

(b) Offer to bargain collectively with the other party for	42054
the purpose of modifying or terminating any existing agreement or	42055
negotiating a successor agreement;	42056

(c) Notify the state employment relations board of the offer	42057
by serving upon the board a copy of the written notice to the	42058
other party and a copy of the existing collective bargaining	42059
agreement.	42060

(2) In the case of initial negotiations between a public	42061
employer and an exclusive representative, where a collective	42062
bargaining agreement has not been in effect between the parties,	42063
any party may serve notice upon the board and the other party	42064
setting forth the names and addresses of the parties and offering	42065
to meet, for a period of ninety days, with the other party for the	42066
purpose of negotiating a collective bargaining agreement.	42067

If the settlement procedures specified in divisions (B), (C),	42068
and (D) of this section govern the parties, where those procedures	42069
refer to the expiration of a collective bargaining agreement, it	42070
means the expiration of the sixty-day period to negotiate a	42071
collective bargaining agreement referred to in this subdivision,	42072
or in the case of initial negotiations, it means the ninety day	42073
period referred to in this subdivision.	42074

(3) The parties shall continue in full force and effect all	42075
the terms and conditions of any existing collective bargaining	42076
agreement, without resort to strike or lock-out, for a period of	42077
sixty days after the party gives notice or until the expiration	42078
date of the collective bargaining agreement, whichever occurs	42079
later, or for a period of ninety days where applicable.	42080

(4) Upon receipt of the notice, the parties shall enter into	42081
collective bargaining.	42082

(C) In the event the parties are unable to reach an	42083
agreement, they may submit, at any time prior to forty-five days	42084
before the expiration date of the collective bargaining agreement,	42085
the issues in dispute to any mutually agreed upon dispute	42086
settlement procedure which supersedes the procedures contained in	42087
this section.	42088

(1) The procedures may include:

42089

(a) Conventional arbitration of all unsettled issues;

42090

(b) Arbitration confined to a choice between the last offer	42091
of each party to the agreement as a single package;	42092

(c) Arbitration confined to a choice of the last offer of	42093
each party to the agreement on each issue submitted;	42094

(d) The procedures described in division (C)(1)(a), (b), or	42095
(c) of this section and including among the choices for the	42096
arbitrator, the recommendations of the fact finder, if there are	42097
recommendations, either as a single package or on each issue	42098
submitted;	42099

(e) Settlement by a citizens' conciliation council composed	42100
of three residents within the jurisdiction of the public employer.	42101
The public employer shall select one member and the exclusive	42102
representative shall select one member. The two members selected	42103
shall select the third member who shall chair the council. If the	42104
two members cannot agree upon a third member within five days	42105
after their appointments, the board shall appoint the third	42106
member. Once appointed, the council shall make a final settlement	42107
of the issues submitted to it pursuant to division (G) of this	42108
section.	42109

(f) Any other dispute settlement procedure mutually agreed to	42110
by the parties.	42111

(2) If, fifty days before the expiration date of the	42112
collective bargaining agreement, the parties are unable to reach	42113
an agreement, any party may request the state employment relations	42114
board to intervene. The request shall set forth the names and	42115
addresses of the parties, the issues involved, and, if applicable,	42116
the expiration date of any agreement.	42117

The board shall intervene and investigate the dispute to	42118
determine whether the parties have engaged in collective	42119
bargaining.	42120

If an impasse exists or forty-five days before the expiration	42121
date of the collective bargaining agreement if one exists, the	42122
board shall appoint a mediator to assist the parties in the	42123
collective bargaining process.	42124

(3) If the mediator after assisting the parties advises the	42125
board that the parties have reached an impasse, or not later than	42126
thirty-one days prior to the expiration date of the agreementAny	42127
time after the appointment of a mediator, either party may request	42128
the appointment of a fact-finding panel. Within fifteen days after	42129
receipt of a request for a fact-finding panel, the board shall	42130
appoint within one day a fact-finding panel of not more than three	42131
members who have been selected by the parties in accordance with	42132
rules established by the board, from a list of qualified persons	42133
maintained by the board.	42134

(a) The fact-finding panel shall, in accordance with rules	42135
and procedures established by the board that include the	42136
regulation of costs and expenses of fact-finding, gather facts and	42137
make recommendations for the resolution of the matter. The board	42138
shall by its rules require each party to specify in writing the	42139
unresolved issues and its position on each issue to the	42140
fact-finding panel. The fact-finding panel shall make final	42141
recommendations as to all the unresolved issues.	42142

(b) The board may continue mediation, order the parties to	42143
engage in collective bargaining until the expiration date of the	42144
agreement, or both.	42145

(4) The following guidelines apply to fact-finding:

42146

(a) The fact-finding panel may establish times and place of	42147
hearings which shall be, where feasible, in the jurisdiction of	42148
the state.	42149

(b) The fact-finding panel shall conduct the hearing pursuant	42150
to rules established by the board.	42151

(c) Upon request of the fact-finding panel, the board shall	42152
issue subpoenas for hearings conducted by the panel.	42153

(d) The fact-finding panel may administer oaths.

42154

(e) The board shall prescribe guidelines for the fact-finding	42155
panel to follow in making findings. In making its recommendations,	42156
the fact-finding panel shall take into consideration the factors	42157
listed in divisions (G)(7)(a) to (f) of this section.	42158

(f) The fact-finding panel may attempt mediation at any time	42159
during the fact-finding process. From the time of appointment	42160
until the fact-finding panel makes a final recommendation, it	42161
shall not discuss the recommendations for settlement of the	42162
dispute with parties other than the direct parties to the dispute.	42163

(5) The fact-finding panel, acting by a majority of its	42164
members, shall transmit its findings of fact and recommendations	42165
on the unresolved issues to the public employer and employee	42166
organization involved and to the board no later than fourteen days	42167
after the appointment of the fact-finding panel, unless the	42168
parties mutually agree to an extension. The stateparties shall	42169
pay one-halfshare the cost of the fact-finding panel. The parties	42170
each shall pay one-half of the remaining costsin a manner agreed	42171
to by the parties.	42172

(6)(a) Not later than seven days after the findings and	42173
recommendations are sent, the legislative body, by a three-fifths	42174
vote of its total membership, and in the case of the public	42175
employee organization, the membership, by a three-fifths vote of	42176
the total membership, may reject the recommendations; if neither	42177
rejects the recommendations, the recommendations shall be deemed	42178
agreed upon as the final resolution of the issues submitted and a	42179
collective bargaining agreement shall be executed between the	42180
parties, including the fact-finding panel's recommendations,	42181
except as otherwise modified by the parties by mutual agreement.	42182
If either the legislative body or the public employee organization	42183
rejects the recommendations, the board shall publicize the	42184
findings of fact and recommendations of the fact-finding panel.	42185
The board shall adopt rules governing the procedures and methods	42186
for public employees to vote on the recommendations of the	42187
fact-finding panel.	42188

(b) As used in division (C)(6)(a) of this section,	42189
"legislative body" means the controlling board when the state or	42190
any of its agencies, authorities, commissions, boards, or other	42191
branch of public employment is party to the fact-finding process.	42192

(D) If the parties are unable to reach agreement within seven	42193
days after the publication of findings and recommendations from	42194
the fact-finding panel or the collective bargaining agreement, if	42195
one exists, has expired, then the:	42196

(1) Public employees, who are members of a police or fire	42197
department, members of the state highway patrol, deputy sheriffs,	42198
dispatchers employed by a police, fire or sheriff's department or	42199
the state highway patrol or civilian dispatchers employed by a	42200
public employer other than a police, fire, or sheriff's department	42201
to dispatch police, fire, sheriff's department, or emergency	42202
medical or rescue personnel and units, an exclusive nurse's unit,	42203
employees of the state school for the deaf or the state school for	42204
the blind, employees of any public employee retirement system,	42205
corrections officers, guards at penal or mental institutions,	42206
special police officers appointed in accordance with sections	42207
5119.14 and 5123.13 of the Revised Code, psychiatric attendants	42208
employed at mental health forensic facilities, or youth leaders	42209
employed at juvenile correctional facilities, shall submit the	42210
matter to a final offer settlement procedure pursuant to a board	42211
order issued forthwith to the parties to settle by a conciliator	42212
selected by the parties. The parties shall request from the board	42213
a list of five qualified conciliators and the parties shall select	42214
a single conciliator from the list by alternate striking of names.	42215
If the parties cannot agree upon a conciliator within five days	42216
after the board order, the board shall on the sixth day after its	42217
order appoint a conciliator from a list of qualified persons	42218
maintained by the board or shall request a list of qualified	42219
conciliators from the American arbitration association and appoint	42220
therefrom.	42221

(2) Public employees other than those listed in division	42222
(D)(1) of this section have the right to strike under Chapter	42223
4117. of the Revised Code provided that the employee organization	42224
representing the employees has given a ten-day prior written	42225
notice of an intent to strike to the public employer and to the	42226
board, and further provided that the strike is for full,	42227
consecutive work days and the beginning date of the strike is at	42228
least ten work days after the ending date of the most recent prior	42229
strike involving the same bargaining unit; however, the board, at	42230
its discretion, may attempt mediation at any time.	42231

(E) Nothing in this section shall be construed to prohibit	42232
the parties, at any time, from voluntarily agreeing to submit any	42233
or all of the issues in dispute to any other alternative dispute	42234
settlement procedure. An agreement or statutory requirement to	42235
arbitrate or to settle a dispute pursuant to a final offer	42236
settlement procedure and the award issued in accordance with the	42237
agreement or statutory requirement is enforceable in the same	42238
manner as specified in division (B) of section 4117.09 of the	42239
Revised Code.	42240

(F) Nothing in this section shall be construed to prohibit a	42241
party from seeking enforcement of a collective bargaining	42242
agreement or a conciliator's award as specified in division (B) of	42243
section 4117.09 of the Revised Code.	42244

(G) The following guidelines apply to final offer settlement	42245
proceedings under division (D)(1) of this section:	42246

(1) The parties shall submit to final offer settlement those	42247
issues that are subject to collective bargaining as provided by	42248
section 4117.08 of the Revised Code and upon which the parties	42249
have not reached agreement and other matters mutually agreed to by	42250
the public employer and the exclusive representative; except that	42251
the conciliator may attempt mediation at any time.	42252

(2) The conciliator shall hold a hearing within thirty days	42253
of the board's order to submit to a final offer settlement	42254
procedure, or as soon thereafter as is practicable.	42255

(3) The conciliator shall conduct the hearing pursuant to	42256
rules developed by the board. The conciliator shall establish the	42257
hearing time and place, but it shall be, where feasible, within	42258
the jurisdiction of the state. Not later than five calendar days	42259
before the hearing, each of the parties shall submit to the	42260
conciliator, to the opposing party, and to the board, a written	42261
report summarizing the unresolved issues, the party's final offer	42262
as to the issues, and the rationale for that position.	42263

(4) Upon the request by the conciliator, the board shall	42264
issue subpoenas for the hearing.	42265

(5) The conciliator may administer oaths.

42266

(6) The conciliator shall hear testimony from the parties and	42267
provide for a written record to be made of all statements at the	42268
hearing. The board shall submit for inclusion in the record and	42269
for consideration by the conciliator the written report and	42270
recommendation of the fact-finders.	42271

(7) After hearing, the conciliator shall resolve the dispute	42272
between the parties by selecting, on an issue-by-issue basis, from	42273
between each of the party's final settlement offers, taking into	42274
consideration the following:	42275

(a) Past collectively bargained agreements, if any, between	42276
the parties;	42277

(b) Comparison of the issues submitted to final offer	42278
settlement relative to the employees in the bargaining unit	42279
involved with those issues related to other public and private	42280
employees doing comparable work, giving consideration to factors	42281
peculiar to the area and classification involved;	42282

(c) The interests and welfare of the public, the ability of	42283
the public employer to finance and administer the issues proposed,	42284
and the effect of the adjustments on the normal standard of public	42285
service;	42286

(d) The lawful authority of the public employer;

42287

(e) The stipulations of the parties;

42288

(f) Such other factors, not confined to those listed in this	42289
section, which are normally or traditionally taken into	42290
consideration in the determination of the issues submitted to	42291
final offer settlement through voluntary collective bargaining,	42292
mediation, fact-finding, or other impasse resolution procedures in	42293
the public service or in private employment.	42294

(8) Final offer settlement awards made under Chapter 4117. of	42295
the Revised Code are subject to Chapter 2711. of the Revised Code.	42296

(9) If more than one conciliator is used, the determination	42297
must be by majority vote.	42298

(10) The conciliator shall make written findings of fact and	42299
promulgate a written opinion and order upon the issues presented	42300
to the conciliator, and upon the record made before the	42301
conciliator and shall mail or otherwise deliver a true copy	42302
thereof to the parties and the board.	42303

(11) Increases in rates of compensation and other matters	42304
with cost implications awarded by the conciliator may be effective	42305
only at the start of the fiscal year next commencing after the	42306
date of the final offer settlement award; provided that if a new	42307
fiscal year has commenced since the issuance of the board order to	42308
submit to a final offer settlement procedure, the awarded	42309
increases may be retroactive to the commencement of the new fiscal	42310
year. The parties may, at any time, amend or modify a	42311
conciliator's award or order by mutual agreement.	42312

(12) The parties shall bear equally the cost of the final	42313
offer settlement procedure.	42314

(13) Conciliators appointed pursuant to this section shall be	42315
residents of the state.	42316

(H) All final offer settlement awards and orders of the	42317
conciliator made pursuant to Chapter 4117. of the Revised Code are	42318
subject to review by the court of common pleas having jurisdiction	42319
over the public employer as provided in Chapter 2711. of the	42320
Revised Code. If the public employer is located in more than one	42321
court of common pleas district, the court of common pleas in which	42322
the principal office of the chief executive is located has	42323
jurisdiction.	42324

(I) The issuance of a final offer settlement award	42325
constitutes a binding mandate to the public employer and the	42326
exclusive representative to take whatever actions are necessary to	42327
implement the award.	42328

Sec. 4123.27.  Information contained in the annual statement	42329
provided for in section 4123.26 of the Revised Code, and such	42330
other information as may be furnished to the bureau of workers'	42331
compensation by employers in pursuance of that section, is for the	42332
exclusive use and information of the bureau in the discharge of	42333
its official duties, and shall not be open to the public nor be	42334
used in any court in any action or proceeding pending therein	42335
unless the bureau is a party to the action or proceeding; but the	42336
information contained in the statement may be tabulated and	42337
published by the bureau in statistical form for the use and	42338
information of other state departments and the public. No person	42339
in the employ of the bureau, except those who are authorized by	42340
the administrator of workers' compensation, shall divulge any	42341
information secured by the person while in the employ of the	42342
bureau in respect to the transactions, property, claim files,	42343
records, or papers of the bureau or in respect to the business or	42344
mechanical, chemical, or other industrial process of any company,	42345
firm, corporation, person, association, partnership, or public	42346
utility to any person other than the administrator or to the	42347
superior of such employee of the bureau.	42348

Notwithstanding the restrictions imposed by this section, the	42349
governor, select or standing committees of the general assembly,	42350
the auditor of state, the attorney general, or their designees,	42351
pursuant to the authority granted in this chapter and Chapter	42352
4121. of the Revised Code, may examine any records, claim files,	42353
or papers in possession of the industrial commission or the	42354
bureau. They also are bound by the privilege that attaches to	42355
these papers.	42356

The administrator shall report to the director of job and	42357
family services or to the county director of job and family	42358
services the name, address, and social security number or other	42359
identification number of any person receiving workers'	42360
compensation whose name or social security number or other	42361
identification number is the same as that of a person required by	42362
a court or child support enforcement agency to provide support	42363
payments to a recipient or participant of public assistance, and	42364
whose name is submitted to the administrator by the director under	42365
section 5101.36 of the Revised Code. The administrator also shall	42366
inform the director of the amount of workers' compensation paid to	42367
the person during such period as the director specifies.	42368

Within fourteen days after receiving from the director of job	42369
and family services a list of the names and social security	42370
numbers of recipients or participants of public assistance	42371
pursuant to section 5101.181 of the Revised Code, the	42372
administrator shall inform the auditor of state of the name,	42373
current or most recent address, and social security number of each	42374
person receiving workers' compensation pursuant to this chapter	42375
whose name and social security number are the same as that of a	42376
person whose name or social security number was submitted by the	42377
director. The administrator also shall inform the auditor of state	42378
of the amount of workers' compensation paid to the person during	42379
such period as the director specifies.	42380

The bureau and its employees, except for purposes of	42381
furnishing the auditor of state with information required by this	42382
section, shall preserve the confidentiality of recipients or	42383
participants of public assistance in compliance with division (A)	42384
of section 5101.181 of the Revised Code.	42385

For the purposes of this section, "public assistance" means	42386
medical assistance provided through the medical assistance program	42387
established under section 5111.01 of the Revised Code, Ohio works	42388
first provided under Chapter 5107. of the Revised Code,	42389
prevention, retention, and contingency benefits and services	42390
provided under Chapter 5108. of the Revised Code, or disability	42391
financial assistance provided under Chapter 5115. of the Revised	42392
Code, or disability medical assistance provided under Chapter	42393
5115. of the Revised Code.	42394

Sec. 4123.41.  (A) By the first day of January of each year,	42395
the bureau of workers' compensation shall furnish to the county	42396
auditor of each county and the chief fiscal officer of each taxing	42397
district in a county and of each district activity and institution	42398
mentioned in section 4123.39 of the Revised Code forms containing	42399
the premium rates applicable to the county, district, district	42400
activity, or institution as an employer, on which to report the	42401
amount of money expended by the county, district, district	42402
activity, or institution during the previous twelve calendar	42403
months for the services of employees under this chapter.	42404

(B) Each county auditor and each fiscal officer of a	42405
district, district activity, and institution shall calculate on	42406
the form it receives from the bureau under division (A) of this	42407
section the premium due as its proper contribution to the public	42408
insurance fund and issue hisa warrant in favor of the bureau for	42409
the amount due from the county, district, district activity, or	42410
institution to the public insurance fund according to the	42411
following schedule:	42412

(1) On or before the fifteenth day of May of each year, no	42413
less than forty-five per cent of the amount due;	42414

(2) On or before the first day of September of each year, no	42415
less than the total amount due.	42416

The legislative body of any county, district, district	42417
activity, or institution may reimburse the fund from which the	42418
contribution is made by transferring to the fund from any other	42419
fund of the county, district, district activity, or institution,	42420
the proportionate amount of the contribution that should be	42421
chargeable to the fund, whether the fund is derived from taxation	42422
or otherwise. The proportionate amount of the contribution	42423
chargeable to the fund may be based on payroll, relative exposure,	42424
relative loss experience, or any combination of these factors, as	42425
determined by the legislative body. Within sixty days before a	42426
legislative body changes the method used for calculating the	42427
proportionate amount of the contribution chargeable to the fund,	42428
it shall notify, consult with, and give information supporting the	42429
change to any elected official affected by the change. A transfer	42430
made pursuant to division (B)(2) of this section is not subject to	42431
section 5705.16 of the Revised Code.	42432

(C) The bureau may investigate the correctness of the	42433
information provided by the county auditor and chief fiscal	42434
officer under division (B) of this section, and if the bureau	42435
determines at any time that the county, district, district	42436
activity, or institution has not reported the correct information,	42437
the administrator of workers' compensation may make deductions or	42438
additions as the facts warrant and take those facts into	42439
consideration in determining the current or future contributions	42440
to be made by the county, district, district activity, or	42441
institution. If the county, district, district activity, or	42442
institution does not furnish the report in the time required by	42443
this section, the administrator may fix the amount of contribution	42444
the county, district, district activity, or institution must make	42445
and certify that amount for payment.	42446

(D) The administrator shall provide a discount to any county,	42447
district, district activity, or institution that pays its total	42448
amount due to the public insurance fund on or before the fifteenth	42449
day of May of each year as its proper contribution for premiums.	42450
The administrator shall base the discount provided under this	42451
division on the savings generated by the early payment to the	42452
public insurance fund. The administrator may provide the discount	42453
through a refund to the county, district, district activity, or	42454
institution or an offset against the future contributions due to	42455
the public insurance fund from the county, district, district	42456
activity, or institution.	42457

(E) The administrator may impose an interest penalty for late	42458
payment of any amount due from a county, district, district	42459
activity, and institution at the interest rate established by the	42460
state tax commissioner pursuant to section 5703.47 of the Revised	42461
Code.	42462

Sec. 4141.04.  The director of job and family services shall	42463
maintain or ensure the existence of public employment offices that	42464
are free to the general public. These offices shall exist in such	42465
number and in such places as are necessary for the proper	42466
administration of this chapter, to perform such duties as are	42467
within the purview of the act of congress entitled "an act to	42468
provide for the establishment of a national employment system and	42469
for cooperation with the states in the promotion of such system,	42470
and for other purposes," approved June 6, 1933, as amended, which	42471
is known as the "Wagner-Peyser Act." The director shall cooperate	42472
with any official or agency of the United States having powers or	42473
duties under that act of congress and shall do and perform all	42474
things necessary to secure to this state the benefits of that act	42475
of congress in the promotion and maintenance of a system of public	42476
employment offices. That act of congress is hereby accepted by	42477
this state, in conformity with that act of congress and Title III	42478
of the "Social Security Act," and the "Federal Unemployment Tax	42479
Act," 26 U.S.C.A. 3301, as amended, and this state will observe	42480
and comply with the requirements thereof. The department of job	42481
and family services is hereby designated and constituted the	42482
agency of this state for the purposes of that act of congress.	42483

The director may cooperate with or enter into agreements with	42484
the railroad retirement board with respect to the establishment,	42485
maintenance, and use of employment service facilities that are	42486
free to the general public.	42487

All moneys received by this state under the act of congress	42488
known as the Wagner-Peyser Act shall be paiddeposited into the	42489
state treasury to the credit of the special employment service	42490
account in the unemployment compensation administrationfederal	42491
operating fund, which is hereby created. Those moneys are hereby	42492
made available to the director to be expended as provided by this	42493
section and by that act of congress. For the purpose of	42494
establishing and maintaining public employment offices that are	42495
free to the general public, the director may enter into agreements	42496
with the railroad retirement board or any other agency of the	42497
United States charged with the administration of an unemployment	42498
compensation law, with any political subdivision of this state, or	42499
with any private, nonprofit organization and as a part of any such	42500
agreement the director may accept moneys, services, or quarters as	42501
a contribution to the employment service account.	42502

The director shall maintain labor market information and	42503
employment statistics as necessary for the administration of this	42504
chapter.	42505

The director shall appoint an employee of the department to	42506
serve as an ex officio member of the governor's council to	42507
maintain a liaison between the department and the governor's	42508
council on people with disabilities.	42509

Sec. 4141.09.  (A) There is hereby created an unemployment	42510
compensation fund to be administered by the state without	42511
liability on the part of the state beyond the amounts paid into	42512
the fund and earned by the fund. The unemployment compensation	42513
fund shall consist of all contributions, payments in lieu of	42514
contributions described in sections 4141.241 and 4141.242 of the	42515
Revised Code, reimbursements of the federal share of extended	42516
benefits described in section 4141.301 of the Revised Code,	42517
collected under sections 4141.01 to 4141.46 of the Revised Code,	42518
together with all interest earned upon any moneys deposited with	42519
the secretary of the treasury of the United States to the credit	42520
of the account of this state in the unemployment trust fund	42521
established and maintained pursuant to section 904 of the "Social	42522
Security Act," any property or securities acquired through the use	42523
of moneys belonging to the fund, and all earnings of such property	42524
or securities. The unemployment compensation fund shall be used to	42525
pay benefits and refunds as provided by such sections and for no	42526
other purpose.	42527

(B) The treasurer of state shall be the custodian of the	42528
unemployment compensation fund and shall administer such fund in	42529
accordance with the directions of the director of job and family	42530
services. All disbursements therefrom shall be paid by the	42531
treasurer of state on warrants drawn by the director. Such	42532
warrants may bear the facsimile signature of the director printed	42533
thereon and that of a deputy or other employee of the director	42534
charged with the duty of keeping the account of the unemployment	42535
compensation fund and with the preparation of warrants for the	42536
payment of benefits to the persons entitled thereto. Moneys in the	42537
clearing and benefit accounts shall not be commingled with other	42538
state funds, except as provided in division (C) of this section,	42539
but shall be maintained in separate accounts on the books of the	42540
depositary bank. Such money shall be secured by the depositary	42541
bank to the same extent and in the same manner as required by	42542
sections 135.01 to 135.21 of the Revised Code; and collateral	42543
pledged for this purpose shall be kept separate and distinct from	42544
any collateral pledged to secure other funds of this state. All	42545
sums recovered for losses sustained by the unemployment	42546
compensation fund shall be deposited therein. The treasurer of	42547
state shall be liable on the treasurer's official bond for the	42548
faithful performance of the treasurer's duties in connection with	42549
the unemployment compensation fund, such liability to exist in	42550
addition to any liability upon any separate bond.	42551

(C) The treasurer of state shall maintain within the	42552
unemployment compensation fund three separate accounts which shall	42553
be a clearing account, an unemployment trust fund account, and a	42554
benefit account. All moneys payable to the unemployment	42555
compensation fund, upon receipt thereof by the director, shall be	42556
forwarded to the treasurer of state, who shall immediately deposit	42557
them in the clearing account. Refunds of contributions, or	42558
payments in lieu of contributions, payable pursuant to division	42559
(E) of this section may be paid from the clearing account upon	42560
warrants signed by a deputy or other employee of the director	42561
charged with the duty of keeping the record of the clearing	42562
account and with the preparation of warrants for the payment of	42563
refunds to persons entitled thereto. After clearance thereof, all	42564
moneys in the clearing account shall be deposited with the	42565
secretary of the treasury of the United States to the credit of	42566
the account of this state in the unemployment trust fund	42567
established and maintained pursuant to section 904 of the "Social	42568
Security Act," in accordance with requirements of the "Federal	42569
Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301,	42570
3304(a)(3), any law in this state relating to the deposit,	42571
administration, release, or disbursement of moneys in the	42572
possession or custody of this state to the contrary	42573
notwithstanding. The benefit account shall consist of all moneys	42574
requisitioned from this state's account in the unemployment trust	42575
fund. Federal funds, other than funds received by the director	42576
under divisions (I) and (J) of this section, received for payment	42577
of federal benefits may be deposited into the benefit account	42578
solely for payment of benefits under a federal program	42579
administered by this state. Moneys so requisitioned shall be used	42580
solely for the payment of benefits and for no other purpose.	42581
Moneys in the clearing and benefit accounts may be deposited by	42582
the treasurer of state, under the direction of the director, in	42583
any bank or public depositary in which general funds of the state	42584
may be deposited, but no public deposit insurance charge or	42585
premium shall be paid out of the fund.	42586

(D) Moneys shall be requisitioned from this state's account	42587
in the unemployment trust fund solely for the payment of benefits	42588
and in accordance with regulations prescribed by the director. The	42589
director shall requisition from the unemployment trust fund such	42590
amounts, not exceeding the amount standing to this state's account	42591
therein, as are deemed necessary for the payment of benefits for a	42592
reasonable future period. Upon receipt thereof, the treasurer of	42593
state shall deposit such moneys in the benefit account.	42594
Expenditures of such money in the benefit account and refunds from	42595
the clearing account shall not require specific appropriations or	42596
other formal release by state officers of money in their custody.	42597
Any balance of moneys requisitioned from the unemployment trust	42598
fund which remains unclaimed or unpaid in the benefit account	42599
after the expiration of the period for which such sums were	42600
requisitioned shall either be deducted from estimates for and may	42601
be utilized for the payment of benefits during succeeding periods,	42602
or, in the discretion of the director, shall be redeposited with	42603
the secretary of the treasury of the United States to the credit	42604
of this state's account in the unemployment trust fund, as	42605
provided in division (C) of this section. Unclaimed or unpaid	42606
federal funds redeposited with the secretary of the treasury of	42607
the United States shall be credited to the appropriate federal	42608
account.	42609

(E) No claim for an adjustment or a refund on contribution,	42610
payment in lieu of contributions, interest, or forfeiture alleged	42611
to have been erroneously or illegally assessed or collected, or	42612
alleged to have been collected without authority, and no claim for	42613
an adjustment or a refund of any sum alleged to have been	42614
excessive or in any manner wrongfully collected shall be allowed	42615
unless an application, in writing, therefor is made within four	42616
years from the date on which such payment was made. If the	42617
director determinsdetermines that such contribution, payment in	42618
lieu of contributions, intrestinterest, or forfeiture, or any	42619
portion tereofthereof, was erroneously collected, the director	42620
shall allow such employer to make an adjustment thereof without	42621
interest in connection with subsequent contribution payments, or	42622
payments in lieu of contributions, by the employer, or the	42623
director may refund said amount, without interest, from the	42624
clearing account of the unemployment compensation fund, except as	42625
provided in division (B) of section 4141.11 of the Revised Code.	42626
For like cause and within the same period, adjustment or refund	42627
may be so made on the director's own initiative. An overpayment of	42628
contribution, payment in lieu of contributions, interest, or	42629
forfeiture for which an employer has not made application for	42630
refund prior to the date of sale of the employer's business shall	42631
accrue to the employer's successor in interest.	42632

An application for an adjustment or a refund, or any portion	42633
thereof, that is rejected is binding upon the employer unless,	42634
within thirty days after the mailing of a written notice of	42635
rejection to the employer's last known address, or, in the absence	42636
of mailing of such notice, within thirty days after the delivery	42637
of such notice, the employer files an application for a review and	42638
redetermination setting forth the reasons therefor. The director	42639
shall promptly examine the application for review and	42640
redetermination, and if a review is granted, the employer shall be	42641
promptly notified thereof, and shall be granted an opportunity for	42642
a prompt hearing.	42643

(F) If the director finds that contributions have been paid	42644
to the director in error, and that such contributions should have	42645
been paid to a department of another state or of the United States	42646
charged with the administration of an unemployment compensation	42647
law, the director may upon request by such department or upon the	42648
director's own initiative transfer to such department the amount	42649
of such contributions, less any benefits paid to claimants whose	42650
wages were the basis for such contributions. The director may	42651
request and receive from such department any contributions or	42652
adjusted contributions paid in error to such department which	42653
should have been paid to the director.	42654

(G) In accordance with section 303(c)(3) of the Social	42655
Security Act, and section 3304(a)(17) of the Internal Revenue Code	42656
of 1954 for continuing certification of Ohio unemployment	42657
compensation laws for administrative grants and for tax credits,	42658
any interest required to be paid on advances under Title XII of	42659
the Social Security Act shall be paid in a timely manner and shall	42660
not be paid, directly or indirectly, by an equivalent reduction in	42661
the Ohio unemployment taxes or otherwise, by the state from	42662
amounts in the unemployment compensation fund.	42663

(H) The treasurer of state, under the direction of the	42664
director and in accordance with the "Cash Management Improvement	42665
Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503, shall deposit	42666
amounts of interest earned by the state on funds in the benefit	42667
account established pursuant to division (C) of this section into	42668
the department of job and family services banking fees fund, which	42669
is hereby created in the state treasury for the purpose of paying	42670
related banking costs incurred by the state for the period for	42671
which the interest is calculated, except that if the deposited	42672
interest exceeds the banking costs incurred by the state for the	42673
period for which the interest is calculated, the treasurer of	42674
state shall deposit the excess interest into the unemployment	42675
trust fund.	42676

(I) The treasurer of state, under the direction of the	42677
director, shall deposit federal funds received by the director for	42678
the payment of benefits, job search, relocation, transportation,	42679
and subsistence allowances pursuant to the "Trade Act of 1974," 88	42680
Stat. 1978, 19 U.S.C.A. 2101, as amended,; the "North American	42681
Free Trade Implementation Act of 1993," 107 Stat. 2057, 19	42682
U.S.C.A. 3301, as amended; and the "Trade Act of 2002," 116 Stat.	42683
993, 19 U.S.C.A. 3801, as amended, into the Trade Act benefit	42684
account, which is hereby created for the purpose of paying for	42685
benefits, training, and support servicesmaking payments specified	42686
under that actthose acts.	42687

(J) The treasurer of state, under the direction of the	42688
director, shall deposit federal funds received by the director for	42689
training and administration pursuant to the "Trade Act of 1974,"	42690
88 Stat. 1978, 19 U.S.C.A. 2101, as amended; the "North American	42691
Free Trade Agreement Implementation Act," 107 Stat. 2057 (1993),	42692
19 U.S.C.A. 3301, as amended; and the "Trade Act of 2002," 116	42693
Stat. 993, 19 U.S.C.A. 3801, as amended, into the North American	42694
Free Trade Act training and administration account, which is	42695
hereby created for the purpose of paying for benefits, training,	42696
and support servicesmaking payments specified under that act	42697
those acts.	42698

Sec. 4141.201. (A) If an employer submits a form, report,	42699
record, or makes any other filing required under this chapter and	42700
the filing contains incorrect information, the employer shall not	42701
be required to pay any penalty with respect to the submission,	42702
provided that the employer has voluntarily identified and	42703
corrected the incorrect information.	42704

(B) This section does not apply to any false information	42705
knowingly included by the employer in a form, report, record, or	42706
other filing for the principal purpose of avoiding any payment	42707
required under this chapter.	42708

Sec. 4141.23.  (A) Contributions shall accrue and become	42709
payable by each employer for each calendar year or other period as	42710
prescribed by this chapter. Such contributions become due and	42711
shall be paid by each employer to the director of job and family	42712
services for the unemployment compensation fund in accordance with	42713
such regulations as the director prescribes, and shall not be	42714
deducted, in whole or in part, from the remuneration of	42715
individuals in the employer's employ.	42716

In the payment of any contributions, a fractional part of a	42717
dollar may be disregarded unless it amounts to fifty cents or	42718
more, in which case it may be increased to the next higher dollar.	42719

(B)(1) Any contribution or payment in lieu of contribution,	42720
due from an employer on or before December 31, 1992, shall, if not	42721
paid when due, bear interest at the rate of ten per cent per	42722
annum. In such computation any fraction of a month shall be	42723
considered as a full month.	42724

(2) Any contribution, payment in lieu of contribution,	42725
interest, forfeiture, or fine due from an employer on or after	42726
January 1, 1993, shall, if not paid when due, bear interest at the	42727
annual rate of fourteen per cent compounded monthly on the	42728
aggregate receivable balance due. In such computation any fraction	42729
of a month shall be considered as a full month.	42730

(C) The director may waive the interest assessed under	42731
division (B)(2) of this section if the employer meets all of the	42732
following conditions within thirty days after the date the	42733
director mails or delivers the notice of assessment of interest:	42734

(1) Provides to the director a written request for a waiver	42735
of interest clearly demonstrating that the employer's failure to	42736
timely pay contributions, payments in lieu of contributions,	42737
interest, forfeiture, and fines was a result of circumstances	42738
beyond the control of the employer or the employer's agent, except	42739
that negligence on the part of the employer or the employer's	42740
agent shall not be considered beyond the control of the employer	42741
or the employer's agent;	42742

(2) Furnishes to the director all quarterly reports required	42743
under section 4141.20 of the Revised Code;	42744

(3) Pays in full all contributions, payments in lieu of	42745
contributions, interest, forfeiture, and fines for each quarter	42746
for which such payments are due.	42747

The director shall deny an employer's request for a waiver of	42748
interest after finding that the employer's failure to timely	42749
furnish reports or make payments as required under this chapter	42750
was due to an attempt to evade payment.	42751

(D) Any contribution, interest, forfeiture, or fine required	42752
to be paid under this chapter by any employer shall, if not paid	42753
when due, become a lien upon the real and personal property of	42754
such employer. Upon failure of such employer to pay the	42755
contributions, interest, forfeiture, or fine required to be paid	42756
under this chapter, the director shall file notice of such lien,	42757
for which there shall be no charge, in the office of the county	42758
recorder of the county in which it is ascertained that such	42759
employer owns real estate or personal property. The director shall	42760
notify the employer by mail of the lien. The absence of proof that	42761
the notice was sent does not affect the validity of the lien. Such	42762
lien shall not be valid as against the claim of any mortgagee,	42763
pledgee, purchaser, judgment creditor, or other lienholder of	42764
record at the time such notice is filed.	42765

If the employer acquires real or personal property after	42766
notice of lien is filed, such lien shall not be valid as against	42767
the claim of any mortgagee, pledgee, subsequent bona fide	42768
purchaser for value, judgment creditor, or other lienholder of	42769
record to such after-acquired property, unless the notice of lien	42770
is refiled after such property was acquired by the employer and	42771
before the competing lien attached to such after-acquired property	42772
or before the conveyance to such subsequent bona fide purchaser	42773
for value.	42774

Such notice shall be recorded in a book kept by the recorder	42775
called the "unemployment compensation lien record" and indexed	42776
therein in an alphabetical index under the name of such employer.	42777
When such unpaid contributions, interest, forfeiture, or fines	42778
have been paid, the employer may record with the recorder of the	42779
county in which such notice of lien has been filed and recorded,	42780
notice of such payment. For recording suchthe notice of payment	42781
the recorder shall charge and receive from the employer a base fee	42782
of two dollars for services and a housing trust fund fee of two	42783
dollars pursuant to section 317.36 of the Revised Code.	42784

(E) Notwithstanding other provisions in this section, the	42785
director may reduce, in whole or in part, the amount of interest,	42786
forfeiture, or fines required to be paid under this chapter if the	42787
director determines that the reduction is in the best interest of	42788
the unemployment compensation fund.	42789

(F) Assessment of contributions shall not be made after four	42790
years from the date on which such contributions became payable,	42791
and no action in court for the collection of contributions without	42792
assessment of such contributions shall be begun after the	42793
expiration of five years from the date such contributions became	42794
payable. In case of a false or fraudulent report or of a willful	42795
attempt in any manner to evade contributions, such contributions	42796
may be assessed or a proceeding in court for the collection of	42797
such contributions may be begun without assessment at any time.	42798
When the assessment of contributions has been made within such	42799
four-year period provided, action in court to collect such	42800
contributions may be begun within, but not later than, six years	42801
after such assessment.	42802

(G) In the event of a distribution of an employer's assets,	42803
pursuant to an order of any court under the law of this state,	42804
including any receivership, assignment for benefit of creditors,	42805
adjudicated insolvency, or similar proceedings, contributions,	42806
interest, forfeiture, or fine then or thereafter due have the same	42807
priority as provided by law for the payment of taxes due the state	42808
and shall be paid out of the trust fund in the same manner as	42809
provided for other claims for unpaid taxes due the state.	42810

(H) If the attorney general finds after investigation that	42811
any claim for delinquent contributions, interest, forfeitures, or	42812
fines owing to the director is uncollectible, in whole or in part,	42813
the attorney general shall recommend to the director the	42814
cancellation of such claim or any part thereof. The director may	42815
thereupon effect such cancellation.	42816

Sec. 4301.03.  The liquor control commission may adopt and	42817
promulgate, repeal, rescind, and amend, in the manner required by	42818
this section, rules, standards, requirements, and orders necessary	42819
to carry out this chapter and Chapter 4303. of the Revised Code,	42820
but all rules of the board of liquor control whichthat were in	42821
effect immediately prior to April 17, 1963, shall remain in full	42822
force and effect as rules of the liquor control commission until	42823
and unless amended or repealed by the liquor control commission.	42824
The rules of the commission may include the following:	42825

(A) Rules with reference to applications for and the issuance	42826
of permits for the manufacture, distribution, transportation, and	42827
sale of beer and intoxicating liquor, and the sale of alcohol; and	42828
rules governing the procedure of the division of liquor control in	42829
the suspension, revocation, and cancellation of those permits;	42830

(B) Rules and orders providing in detail for the conduct of	42831
any retail business authorized under permits issued pursuant to	42832
this chapter and Chapter 4303. of the Revised Code, with a view to	42833
ensuring compliance with those chapters and laws relative to them,	42834
and the maintenance of public decency, sobriety, and good order in	42835
any place licensed under the permits. No rule or order shall	42836
prohibit the sale of lottery tickets issued pursuant to Chapter	42837
3770. of the Revised Code by any retail business authorized under	42838
permits issued pursuant to that chapter.	42839

No rule or order shall prohibit pari-mutuel wagering on	42840
simulcast horse races at a satellite facility that has been issued	42841
a D liquor permit under Chapter 4303. of the Revised Code. No rule	42842
or order shall prohibit a charitable organization that holds a D-4	42843
permit from selling or serving beer or intoxicating liquor under	42844
its permit in a portion of its premises merely because that	42845
portion of its premises is used at other times for the conduct of	42846
a charitable bingo game, as described in division (S) of section	42847
2915.01 of the Revised Code. However, such an organization shall	42848
not sell or serve beer or intoxicating liquor or permit beer or	42849
intoxicating liquor to be consumed or seen in the same location in	42850
its premises where a charitable bingo game, as described in	42851
division (S)(1) of section 2915.01 of the Revised Code, is being	42852
conducted while the game is being conducted. As used in this	42853
division, "charitable organization" has the same meaning as in	42854
division (H) of section 2915.01 of the Revised Code, and	42855
"charitable bingo game" has the same meaning as in division (R) of	42856
that section. No rule or order pertaining to visibility into the	42857
premises of a permit holder after the legal hours of sale shall be	42858
adopted or maintained by the commission.	42859

(C) Standards, not in conflict with those prescribed by any	42860
law of this state or the United States, to secure the use of	42861
proper ingredients and methods in the manufacture of beer, mixed	42862
beverages, and wine to be sold within this state;	42863

(D) Rules determining the nature, form, and capacity of all	42864
packages and bottles to be used for containing beer or	42865
intoxicating liquor, except for spirituous liquor to be kept or	42866
sold, governing the form of all seals and labels to be used on	42867
those packages and bottles, and requiring the label on every	42868
package, bottle, and container to state the ingredients in the	42869
contents and, except on beer, the terms of weight, volume, or	42870
proof spirits, and whether the same is beer, wine, alcohol, or any	42871
intoxicating liquor except for spirituous liquor;	42872

(E) Uniform rules governing all advertising with reference to	42873
the sale of beer and intoxicating liquor throughout the state and	42874
advertising upon and in the premises licensed for the sale of beer	42875
or intoxicating liquor;	42876

(F) Rules restricting and placing conditions upon the	42877
transfer of permits;	42878

(G) Rules and orders limiting the number of permits of any	42879
class within the state or within any political subdivision of the	42880
state; and, for that purpose, adopting reasonable classifications	42881
of persons or establishments to which any authorized class of	42882
permits may be issued within any political subdivision;	42883

(H) Rules and orders with reference to sales of beer and	42884
intoxicating liquor on Sundays and holidays and with reference to	42885
the hours of the day during which and the persons to whom	42886
intoxicating liquor of any class may be sold, and rules with	42887
reference to the manner of sale;	42888

(I) Rules requiring permit holders buying beer to pay and	42889
permit holders selling beer to collect minimum cash deposits for	42890
kegs, cases, bottles, or other returnable containers of the beer;	42891
requiring the repayment, or credit, of the minimum cash deposit	42892
charges upon the return of the empty containers; and requiring the	42893
posting of such form of indemnity or such other conditions with	42894
respect to the charging, collection, and repayment of minimum cash	42895
deposit charges for returnable containers of beer as are necessary	42896
to ensure the return of the empty containers or the repayment upon	42897
that return of the minimum cash deposits paid;	42898

(J) Rules establishing the method by which alcohol products	42899
may be imported for sale by wholesale distributors and the method	42900
by which manufacturers and suppliers may sell alcohol products to	42901
wholesale distributors.	42902

Every rule, standard, requirement, or order of the commission	42903
and every repeal, amendment, or rescission of them shall be posted	42904
for public inspection in the principal office of the commission	42905
and the principal office of the division of liquor control, and a	42906
certified copy of them shall be filed in the office of the	42907
secretary of state. An order applying only to persons named in it	42908
shall be served on the persons affected by personal delivery of a	42909
certified copy, or by mailing a certified copy to each person	42910
affected by it or, in the case of a corporation, to any officer or	42911
agent of the corporation upon whom a service of summons may be	42912
served in a civil action. The posting and filing required by this	42913
section constitutes sufficient notice to all persons affected by	42914
such rule or order which is not required to be served. General	42915
rules of the commission promulgated pursuant to this section shall	42916
be published in the manner the commission determines.	42917

Sec. 4301.19.  The division of liquor control shall sell	42918
spirituous liquor only, whether from a warehouse or from a state	42919
liquor store. All sales shall be in sealed containers and for	42920
resale as authorized by Chapters 4301.this chapter and Chapter	42921
4303. of the Revised Code or for consumption off the premises	42922
only. Except as otherwise provided in this section, sale of	42923
containers holding one-half pint or less of spirituous liquor by	42924
the division shall be made at retail only, and not for the purpose	42925
of resale by any purchaser, by special order placed with a state	42926
retail liquor store and subject to rules established by the	42927
superintendent of liquor control. The division shallmay sell at	42928
wholesale spirituous liquor in fifty milliliter sealed containers	42929
to hotels that sell spirituous liquor by means of a controlled	42930
access alcohol and beverage cabinet in accordance with division	42931
(B) of section 4301.21any holder of a permit issued under Chapter	42932
4303. of the Revised Code, but only for purposes of resale by the	42933
hotel in sealed containers by means of a controlled access alcohol	42934
and beverage cabinetthat authorizes the sale of spirituous liquor	42935
for consumption on the premises where sold. A person appointed by	42936
the division to act as an agent for the sale of spirituous liquor	42937
pursuant to section 4301.17 of the Revised Code may provide and	42938
accept gift certificates and may accept credit cards and debit	42939
cards for the retail purchase of spirituous liquor. Deliveries	42940
shall be made in suchthe manner as the superintendent determines	42941
by rule.	42942

If any persons desireperson desires to purchase any variety	42943
or brand of spirituous liquor which is not in stock at the state	42944
liquor store where the samevariety or brand is ordered, the	42945
division shall immediately procure the samevariety or brand after	42946
a reasonable deposit is made by the purchaser in such proportion	42947
of the approximate cost of the order as is prescribed by the rules	42948
of the superintendent. The purchaser shall be immediately notified	42949
upon the arrival of the spirituous liquor at the store at which it	42950
was ordered. Unless suchthe purchaser pays for the samevariety	42951
or brand and accepts delivery within five days after the giving of	42952
suchthe notice, the division may place suchthe spirituous liquor	42953
in stock for general sale, and the deposit of the purchaser shall	42954
be forfeited.	42955

Sec. 4303.02.  Permit A-1 may be issued to a manufacturer to	42956
manufacture beer and sell beer products in bottles or containers	42957
for home use and to retail and wholesale permit holders under	42958
rules promulgated by the division of liquor control. The fee for	42959
this permit is three thousand onenine hundred twenty-fivesix	42960
dollars for each plant during the year covered by the permit.	42961

Sec. 4303.021.  Permit A-1-A may be issued to the holder of	42962
an A-1 or A-2 permit to sell beer and any intoxicating liquor at	42963
retail, only by the individual drink in glass or from a container,	42964
provided such A-1-A permit premises are situated on the same	42965
parcel or tract of land as the related A-1 or A-2 manufacturing	42966
permit premises or are separated therefrom only by public streets	42967
or highways or by other lands owned by the holder of the A-1 or	42968
A-2 permit and used by the holder in connection with or in	42969
promotion of the holder's A-1 or A-2 permit business. The fee for	42970
this permit is three thousand onenine hundred twenty-fivesix	42971
dollars. The holder of an A-1-A permit may sell beer and any	42972
intoxicating liquor during the same hours as the holders of D-5	42973
permits under this chapter or Chapter 4301. of the Revised Code or	42974
the rules of the liquor control commission and shall obtain a	42975
license as a retail food establishment or a food service operation	42976
pursuant to Chapter 3717. of the Revised Code and operate as a	42977
restaurant for purposes of this chapter.	42978

Except as otherwise provided in this section, no new A-1-A	42979
permit shall be issued to the holder of an A-1 or A-2 permit	42980
unless the sale of beer and intoxicating liquor under class D	42981
permits is permitted in the precinct in which the A-1 or A-2	42982
permit is located and, in the case of an A-2 permit, unless the	42983
holder of the A-2 permit manufactures or has a storage capacity of	42984
at least twenty-five thousand gallons of wine per year. The	42985
immediately preceding sentence does not prohibit the issuance of	42986
an A-1-A permit to an applicant for such a permit who is the	42987
holder of an A-1 permit and whose application was filed with the	42988
division of liquor control before June 1, 1994. The liquor control	42989
commission shall not restrict the number of A-1-A permits which	42990
may be located within a precinct.	42991

Sec. 4303.03.  Permit A-2 may be issued to a manufacturer to	42992
manufacture wine from grapes or other fruits grown in the state,	42993
if obtainable, otherwise to import such fruits after submitting an	42994
affidavit of nonavailability to the division of liquor control; to	42995
import and purchase wine in bond for blending purposes, the total	42996
amount of wine so imported during the year covered by the permit	42997
not to exceed forty per cent of all the wine manufactured and	42998
imported; to manufacture, purchase, and import brandy for	42999
fortifying purposes; and to sell such products either in glass or	43000
container for consumption on the premises where manufactured, for	43001
home use, and to retail and wholesale permit holders under such	43002
rules as are adopted by the division.	43003

The fee for this permit is sixty-threeone hundred twenty-six	43004
dollars for each plant producing one hundred wine barrels, of	43005
fifty gallons each, or less annually. SuchThis initial fee shall	43006
be increased at the rate of ten cents per such barrel for all wine	43007
manufactured in excess of one hundred barrels during the year	43008
covered by the permit.	43009

Sec. 4303.04.  Permit A-3 may be issued to a manufacturer to	43010
manufacture alcohol and spirituous liquor and sell such products	43011
to the division of liquor control or to the holders of a like	43012
permit or to the holders of A-4 permits for blending or	43013
manufacturing purposes; to import alcohol into this state upon	43014
such terms as are prescribed by the division; to sell alcohol to	43015
manufacturers, hospitals, infirmaries, medical or educational	43016
institutions using it for medicinal, mechanical, chemical, or	43017
scientific purposes, and to holders of I permits; to import into	43018
this state spirituous liquor and wine for blending or other	43019
manufacturing purposes; and to export spirituous liquor from this	43020
state for sale outside the state.	43021

The fee for this permit is three thousand onenine hundred	43022
twenty-fivesix dollars for each plant; but, if a plant's	43023
production capacity is less than five hundred wine barrels of	43024
fifty gallons each, annually, the fee is two dollars per barrel.	43025

Sec. 4303.05.  Permit A-4 may be issued to a manufacturer to	43026
manufacture prepared highballs, cocktails, cordials, and other	43027
mixed drinks containing not less than four per cent of alcohol by	43028
volume and not more than twenty-one per cent of alcohol by volume,	43029
and to sell such products to wholesale and retail permit holders	43030
in sealed containers only under such rules as are adopted by the	43031
division of liquor control. The holder of such permit may import	43032
into the state spirituous liquor and wine only for blending or	43033
other manufacturing purposes under such rules as are prescribed by	43034
the division.	43035

The holder of such permit may also purchase spirituous liquor	43036
for manufacturing and blending purposes from the holder of an A-3	43037
permit issued by the division. The formulas and the beverages	43038
manufactured by the holder of an A-4 permit mustshall be	43039
submitted to the division for its analysis and approval before	43040
suchthe beverages may be sold to or distributed in this state by	43041
holders of retail and wholesale permits. All labels and	43042
advertising matter used by the holders of suchA-4 permits must	43043
shall be approved by the division before they may be used in this	43044
state. The fee for thisan A-4 permit is three thousand onenine	43045
hundred twenty-fivesix dollars for each plant.	43046

Sec. 4303.06.  Permit B-1 may be issued to a wholesale	43047
distributor of beer to purchase from the holders of A-1 permits	43048
and to import and distribute or sell beer for home use and to	43049
retail permit holders under rules adopted by the division of	43050
liquor control. The fee for this permit is twothree thousand five	43051
one hundred twenty-five dollars for each distributing plant or	43052
warehouse during the year covered by the permit.	43053

Sec. 4303.07.  Permit B-2 may be issued to a wholesale	43054
distributor of wine to purchase from holders of A-2 and B-5	43055
permits and distribute or sell such product, in the original	43056
container in which it was placed by the B-5 permit holder or	43057
manufacturer at the place where manufactured, to A-1-A, C-2, D-2,	43058
D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g,	43059
D-5h, D-5i, D-5j, D-5k, and E permit holders, and for home use.	43060
The fee for this permit is twofive hundred fifty dollars for each	43061
distributing plant or warehouse. The initial fee shall be	43062
increased ten cents per wine barrel of fifty gallons for all wine	43063
distributed and sold in this state in excess of twelve hundred	43064
fifty such barrels during the year covered by the permit.	43065

Sec. 4303.08.  Permit B-3 may be issued to a wholesale	43066
distributor of wine to bottle, distribute, or sell sacramental	43067
wine for religious rites upon an application signed, dated, and	43068
approved as required by section 4301.23 of the Revised Code. The	43069
fee for this permit is sixty-twoone hundred twenty-four dollars.	43070

Sec. 4303.09.  Permit B-4 may be issued to a wholesale	43071
distributor to purchase from the holders of A-4 permits and to	43072
import, distribute, and sell prepared and bottled highballs,	43073
cocktails, cordials, and other mixed beverages containing not less	43074
than four per cent of alcohol by volume and not more than	43075
twenty-one per cent of alcohol by volume to retail permit holders,	43076
and for home use, under such rules as are adopted by the division	43077
of liquor control. The formula and samples of all such beverages	43078
to be handled by the permit holder mustshall be submitted to the	43079
division for analysis and the approval of the division before such	43080
beverages may be sold and distributed in this state. All labels	43081
and advertising matter used by the holders of such permits must	43082
this permit shall be approved by the division before they may be	43083
used in this state. The fee for this permit shall be computed on	43084
the basis of annual sales, and the initial fee is twofive hundred	43085
fifty dollars for each distributing plant or warehouse. SuchThe	43086
initial fee shall be increased at the rate of ten cents per wine	43087
barrel of fifty gallons for all such beverages distributed and	43088
sold in this state in excess of one thousand such barrels during	43089
the year covered by the permit.	43090

Sec. 4303.10.  Permit B-5 may be issued to a wholesale	43091
distributor of wine to purchase wine from the holders of A-2	43092
permits, to purchase and import wine in bond or otherwise, in bulk	43093
or in containers of any size, and to bottle wine for distribution	43094
and sale to holders of A-1-A, B-2, B-3, B-5, C-2, D-2, D-3, D-4,	43095
D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i,	43096
D-5j, D-5k, and E permits and for home use in sealed containers.	43097
No wine shall be bottled by a B-5 permit holder in containers	43098
supplied by any person who intends the wine for home use. The fee	43099
for this permit is one thousand twofive hundred fiftysixty-three	43100
dollars.	43101

Sec. 4303.11.  Permit C-1 may be issued to the owner or	43102
operator of a retail store to sell beer in containers and not for	43103
consumption on the premises where sold in original containers	43104
having a capacity of not more than five and one-sixth gallons. The	43105
fee for this permit is onetwo hundred twenty-sixfifty-two	43106
dollars for each location.	43107

Sec. 4303.12.  Permit C-2 may be issued to the owner or	43108
operator of a retail store to sell wine in sealed containers only	43109
and not for consumption on the premises where sold in original	43110
containers. The holder of suchthis permit may also sell and	43111
distribute in original packages and not for consumption on the	43112
premises where sold or for resale, prepared and bottled highballs,	43113
cocktails, cordials, and other mixed beverages manufactured and	43114
distributed by holders of A-4 and B-4 permits, and containing not	43115
less than four per cent of alcohol by volume, and not more than	43116
twenty-one per cent of alcohol by volume. The fee for this permit	43117
is onethree hundred eighty-eightseventy-six dollars for each	43118
location.	43119

Sec. 4303.121.  Effective October 1, 1982, permit C-2x shall	43120
be issued to the holder of a C-2 permit who does not also hold a	43121
C-1 permit, to sell beer only not for consumption on the premises	43122
where sold, in original containers having a capacity of not more	43123
than five and one-sixth gallons. Applicants for a C-2 permit as of	43124
October 1, 1982 shall be issued a C-2x permit subject to the	43125
restrictions for the issuance of the C-2 permit. The fee for a	43126
C-2x permit is onetwo hundred twenty-sixfifty-two dollars.	43127

Sec. 4303.13.  Permit D-1 may be issued to the owner or	43128
operator of a hotel or, of a retail food establishment or a food	43129
service operation licensed pursuant to Chapter 3717. of the	43130
Revised Code that operates as a restaurant for purposes of this	43131
chapter, or of a club, amusement park, drugstore, lunch stand,	43132
boat, or vessel, and shall be issued to a person described in	43133
division (B) of this section, to sell beer at retail either in	43134
glass or container, for consumption on the premises where sold;	43135
and, except as otherwise provided in division (B) of this section,	43136
to sell beer at retail in other receptacles or in original	43137
containers having a capacity of not more than five and one-sixth	43138
gallons not for consumption on the premises where sold. The fee	43139
for this permit is onethree hundred eighty-eightseventy-six	43140
dollars for each location, boat, or vessel.	43141

Sec. 4303.14.  Permit D-2 may be issued to the owner or	43142
operator of a hotel or, of a retail food establishment or a food	43143
service operation licensed pursuant to Chapter 3717. of the	43144
Revised Code that operates as a restaurant for purposes of this	43145
chapter, or of a club, boat, or vessel, to sell wine and prepared	43146
and bottled cocktails, cordials, and other mixed beverages	43147
manufactured and distributed by holders of A-4 and B-4 permits at	43148
retail, either in glass or container, for consumption on the	43149
premises where sold. The holder of suchthis permit may also sell	43150
wine and prepared and bottled cocktails, cordials, and other mixed	43151
beverages in original packages and not for consumption on the	43152
premises where sold or for resale. The fee for this permit is two	43153
five hundred eighty-twosixty-four dollars for each location,	43154
boat, or vessel.	43155

Sec. 4303.141.  Effective October 1, 1982, permit D-2x shall	43156
be issued to the holder of a D-2 permit who does not also hold a	43157
D-1 permit, to sell beer at retail either in glass or container	43158
for consumption on the premises where sold and to sell beer at	43159
retail in other receptacles or original containers having a	43160
capacity of not more than five and one-sixth gallons not for	43161
consumption on the premises where sold. Applicants for a D-2	43162
permit as of October 1, 1982, shall be issued a D-2x permit	43163
subject to the quota restrictions for the issuance of the D-2	43164
permit. The fee for a D-2x permit is onethree hundred	43165
eighty-eightseventy-six dollars.	43166

Sec. 4303.15.  Permit D-3 may be issued to the owner or	43167
operator of a hotel or, of a retail food establishment or a food	43168
service operation licensed pursuant to Chapter 3717. of the	43169
Revised Code that operates as a restaurant for purposes of this	43170
chapter, or of a club, boat, or vessel, to sell spirituous liquor	43171
at retail, only by the individual drink in glass or from the	43172
container, for consumption on the premises where sold. No sales of	43173
intoxicating liquor shall be made by a holder of a D-3 permit	43174
after one a.m. The fee for this permit is sixseven hundred fifty	43175
dollars for each location, boat, or vessel.	43176

Sec. 4303.151.  On October 1, 1982, permit D-3x shall be	43177
issued to the holder of a D-3 permit, to sell wine by the	43178
individual drink in glass or from the container, for consumption	43179
on the premises where sold. Applications for a D-3 permit on	43180
October 1, 1982, may be issued a D-3x permit subject to the quota	43181
restrictions for the issuance of a D-3 permit. The fee for a D-3x	43182
permit is onethree hundred fifty dollars.	43183

Sec. 4303.16.  Permit D-3a may be issued to the holder of a	43184
D-3 permit whenever histhe holder's place of business is operated	43185
after one a.m. and spirituous liquor is sold or consumed after	43186
suchthat hour. The holder of such permit may sell spirituous	43187
liquor during the same hours as the holders of D-5 permits under	43188
this chapter and Chapter 4301. of the Revised Code or the rules of	43189
the liquor control commission. The fee for a D-3a permit is seven	43190
nine hundred fiftythirty-eight dollars in addition to the fee	43191
required for a D-3 permit.	43192

If the holder of a D-3a permit is also the holder of a D-1	43193
permit, hethe holder may sell beer after one a.m. and during the	43194
same hours as the holder of a D-5 permit. If the holder of a D-3a	43195
permit is also the holder of a D-2 permit, hethe holder may sell	43196
intoxicating liquor after one a.m. and during the same hours as	43197
the holder of a D-5 permit. The holder of a D-3a permit may	43198
furnish music and entertainment to histhe holder's patrons,	43199
subject to the same rules as govern D-5 permit holders.	43200

Sec. 4303.17.  Permit D-4 may be issued to a club whichthat	43201
has been in existence for three years or more prior to the	43202
issuance of suchthe permit to sell beer and any intoxicating	43203
liquor to its members only, in glass or container, for consumption	43204
on the premises where sold. The fee for this permit is threefour	43205
hundred seventy-fivesixty-nine dollars. No such permit shall be	43206
granted or retained until all elected officers of such	43207
organization controlling such club have filed with the division of	43208
liquor control a statement certifying that such club is operated	43209
in the interest of the membership of a reputable organization,	43210
which is maintained by a dues paying membership, setting forth the	43211
amount of initiation fee and yearly dues. All such matters shall	43212
be contained in a statement signed under oath and accompanied by a	43213
surety bond in the sum of one thousand dollars. Such bond shall be	43214
declared forfeited in the full amount of the penal sum of the bond	43215
for any false statement contained in such certificate and the	43216
surety shall pay the amount of the bond to the division. The	43217
roster of membership of a D-4 permit holder shall be submitted	43218
under oath on the request of the superintendent of liquor control.	43219
Any information acquired by the superintendent or the division	43220
with respect to such membership shall not be open to public	43221
inspection or examination and may be divulged by the	43222
superintendent and the division only in hearings before the liquor	43223
control commission or in a court action in which the division or	43224
the superintendent is named a party.	43225

The requirement that a club shall have been in existence for	43226
three years in order to qualify for a D-4 permit does not apply to	43227
units of organizations chartered by congress or to a subsidiary	43228
unit of a national fraternal organization if the parent	43229
organization has been in existence for three years or more at the	43230
time application for a permit is made by such unit.	43231

No rule or order of the division or commission shall prohibit	43232
a charitable organization that holds a D-4 permit from selling or	43233
serving beer or intoxicating liquor under its permit in a portion	43234
of its premises merely because that portion of its premises is	43235
used at other times for the conduct of a charitable bingo game as	43236
described in division (S) of section 2915.01 of the Revised Code.	43237
However, such an organization shall not sell or serve beer or	43238
intoxicating liquor or permit beer or intoxicating liquor to be	43239
consumed or seen in the same location in its premises where a	43240
charitable bingo game, as described in division (S)(1) of section	43241
2915.01 of the Revised Code, is being conducted while the game is	43242
being conducted. As used in this section, "charitable	43243
organization" has the same meaning as in division (H) of section	43244
2915.01 and "charitable bingo game" has the same meaning as in	43245
division (R) of section 2915.01 of the Revised Code.	43246

Sec. 4303.171.  Permit D-4a may be issued to an airline	43247
company whichthat leases and operates a premises exclusively for	43248
the benefit of the members and their guests of a private club	43249
sponsored by the airline company, at a publicly owned airport, as	43250
defined in section 4563.01 of the Revised Code, at which	43251
commercial airline companies operate regularly scheduled flights	43252
on which space is available to the public, to sell beer and any	43253
intoxicating liquor to members of the private club and their	43254
guests, only by the individual drink in glass and from the	43255
container, for consumption on the premises where sold. In addition	43256
to the privileges authorized in this section, the holder of a D-4a	43257
permit may exercise the same privileges as a holder of a D-4	43258
permit. The holder of a D-4a permit shall make no sales of beer or	43259
intoxicating liquor after two-thirty a.m.	43260

A D-4a permit shall not be transferred to another location.	43261
No quota restriction shall be placed upon the number of such	43262
permits which may be issued.	43263

The fee for this permit is sixseven hundred fifty dollars.

43264

Sec. 4303.18.  Permit D-5 may be issued to the owner or	43265
operator of a retail food establishment or a food service	43266
operation licensed pursuant to Chapter 3717. of the Revised Code	43267
that operates as a restaurant or night club for purposes of this	43268
chapter, to sell beer and any intoxicating liquor at retail, only	43269
by the individual drink in glass and from the container, for	43270
consumption on the premises where sold, and to sell the same	43271
products in the same manner and amounts not for consumption on the	43272
premises as may be sold by holders of D-1 and D-2 permits. A	43273
person who is the holder of both a D-3 and D-3a permit need not	43274
obtain a D-5 permit. The fee for this permit is onetwo thousand	43275
eightthree hundred seventy-fiveforty-four dollars.	43276

Sec. 4303.181.  (A) Permit D-5a may be issued either to the	43277
owner or operator of a hotel or motel that is required to be	43278
licensed under section 3731.03 of the Revised Code, that contains	43279
at least fifty rooms for registered transient guests, and that	43280
qualifies under the other requirements of this section, or to the	43281
owner or operator of a restaurant specified under this section, to	43282
sell beer and any intoxicating liquor at retail, only by the	43283
individual drink in glass and from the container, for consumption	43284
on the premises where sold, and to registered guests in their	43285
rooms, which may be sold by means of a controlled access alcohol	43286
and beverage cabinet in accordance with division (B) of section	43287
4301.21 of the Revised Code; and to sell the same products in the	43288
same manner and amounts not for consumption on the premises as may	43289
be sold by holders of D-1 and D-2 permits. The premises of the	43290
hotel or motel shall include a retail food establishment or a food	43291
service operation licensed pursuant to Chapter 3717. of the	43292
Revised Code that operates as a restaurant for purposes of this	43293
chapter and that is affiliated with the hotel or motel and within	43294
or contiguous to the hotel or motel, and that serves food within	43295
the hotel or motel, but the principal business of the owner or	43296
operator of the hotel or motel shall be the accommodation of	43297
transient guests. In addition to the privileges authorized in this	43298
division, the holder of a D-5a permit may exercise the same	43299
privileges as the holder of a D-5 permit.	43300

The owner or operator of a hotel, motel, or restaurant who	43301
qualified for and held a D-5a permit on August 4, 1976, may, if	43302
the owner or operator held another permit before holding a D-5a	43303
permit, either retain a D-5a permit or apply for the permit	43304
formerly held, and the division of liquor control shall issue the	43305
permit for which the owner or operator applies and formerly held,	43306
notwithstanding any quota.	43307

A D-5a permit shall not be transferred to another location.	43308
No quota restriction shall be placed on the number of such permits	43309
that may be issued.	43310

The fee for this permit is onetwo thousand eightthree	43311
hundred seventy-fiveforty-four dollars.	43312

(B) Permit D-5b may be issued to the owner, operator, tenant,	43313
lessee, or occupant of an enclosed shopping center to sell beer	43314
and intoxicating liquor at retail, only by the individual drink in	43315
glass and from the container, for consumption on the premises	43316
where sold; and to sell the same products in the same manner and	43317
amount not for consumption on the premises as may be sold by	43318
holders of D-1 and D-2 permits. In addition to the privileges	43319
authorized in this division, the holder of a D-5b permit may	43320
exercise the same privileges as a holder of a D-5 permit.	43321

A D-5b permit shall not be transferred to another location.

43322

One D-5b permit may be issued at an enclosed shopping center	43323
containing at least two hundred twenty-five thousand, but less	43324
than four hundred thousand, square feet of floor area.	43325

Two D-5b permits may be issued at an enclosed shopping center	43326
containing at least four hundred thousand square feet of floor	43327
area. No more than one D-5b permit may be issued at an enclosed	43328
shopping center for each additional two hundred thousand square	43329
feet of floor area or fraction of that floor area, up to a maximum	43330
of five D-5b permits for each enclosed shopping center. The number	43331
of D-5b permits that may be issued at an enclosed shopping center	43332
shall be determined by subtracting the number of D-3 and D-5	43333
permits issued in the enclosed shopping center from the number of	43334
D-5b permits that otherwise may be issued at the enclosed shopping	43335
center under the formulas provided in this division. Except as	43336
provided in this section, no quota shall be placed on the number	43337
of D-5b permits that may be issued. Notwithstanding any quota	43338
provided in this section, the holder of any D-5b permit first	43339
issued in accordance with this section is entitled to its renewal	43340
in accordance with section 4303.271 of the Revised Code.	43341

The holder of a D-5b permit issued before April 4, 1984,	43342
whose tenancy is terminated for a cause other than nonpayment of	43343
rent, may return the D-5b permit to the division of liquor	43344
control, and the division shall cancel that permit. Upon	43345
cancellation of that permit and upon the permit holder's payment	43346
of taxes, contributions, premiums, assessments, and other debts	43347
owing or accrued upon the date of cancellation to this state and	43348
its political subdivisions and a filing with the division of a	43349
certification of that payment, the division shall issue to that	43350
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	43351
that person requests. The division shall issue the D-5 permit, or	43352
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	43353
D-3, or D-5 permits currently issued in the municipal corporation	43354
or in the unincorporated area of the township where that person's	43355
proposed premises is located equals or exceeds the maximum number	43356
of such permits that can be issued in that municipal corporation	43357
or in the unincorporated area of that township under the	43358
population quota restrictions contained in section 4303.29 of the	43359
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	43360
be transferred to another location. If a D-5b permit is canceled	43361
under the provisions of this paragraph, the number of D-5b permits	43362
that may be issued at the enclosed shopping center for which the	43363
D-5b permit was issued, under the formula provided in this	43364
division, shall be reduced by one if the enclosed shopping center	43365
was entitled to more than one D-5b permit under the formula.	43366

The fee for this permit is onetwo thousand eightthree	43367
hundred seventy-fiveforty-four dollars.	43368

(C) Permit D-5c may be issued to the owner or operator of a	43369
retail food establishment or a food service operation licensed	43370
pursuant to Chapter 3717. of the Revised Code that operates as a	43371
restaurant for purposes of this chapter and that qualifies under	43372
the other requirements of this section to sell beer and any	43373
intoxicating liquor at retail, only by the individual drink in	43374
glass and from the container, for consumption on the premises	43375
where sold, and to sell the same products in the same manner and	43376
amounts not for consumption on the premises as may be sold by	43377
holders of D-1 and D-2 permits. In addition to the privileges	43378
authorized in this division, the holder of a D-5c permit may	43379
exercise the same privileges as the holder of a D-5 permit.	43380

To qualify for a D-5c permit, the owner or operator of a	43381
retail food establishment or a food service operation licensed	43382
pursuant to Chapter 3717. of the Revised Code that operates as a	43383
restaurant for purposes of this chapter, shall have operated the	43384
restaurant at the proposed premises for not less than twenty-four	43385
consecutive months immediately preceding the filing of the	43386
application for the permit, have applied for a D-5 permit no later	43387
than December 31, 1988, and appear on the division's quota waiting	43388
list for not less than six months immediately preceding the filing	43389
of the application for the permit. In addition to these	43390
requirements, the proposed D-5c permit premises shall be located	43391
within a municipal corporation and further within an election	43392
precinct that, at the time of the application, has no more than	43393
twenty-five per cent of its total land area zoned for residential	43394
use.	43395

A D-5c permit shall not be transferred to another location.	43396
No quota restriction shall be placed on the number of such permits	43397
that may be issued.	43398

Any person who has held a D-5c permit for at least two years	43399
may apply for a D-5 permit, and the division of liquor control	43400
shall issue the D-5 permit notwithstanding the quota restrictions	43401
contained in section 4303.29 of the Revised Code or in any rule of	43402
the liquor control commission.	43403

The fee for this permit is one thousand twofive hundred	43404
fiftysixty-three dollars.	43405

(D) Permit D-5d may be issued to the owner or operator of a	43406
retail food establishment or a food service operation licensed	43407
pursuant to Chapter 3717. of the Revised Code that operates as a	43408
restaurant for purposes of this chapter and that is located at an	43409
airport operated by a board of county commissioners pursuant to	43410
section 307.20 of the Revised Code, at an airport operated by a	43411
port authority pursuant to Chapter 4582. of the Revised Code, or	43412
at an airport operated by a regional airport authority pursuant to	43413
Chapter 308. of the Revised Code. The holder of a D-5d permit may	43414
sell beer and any intoxicating liquor at retail, only by the	43415
individual drink in glass and from the container, for consumption	43416
on the premises where sold, and may sell the same products in the	43417
same manner and amounts not for consumption on the premises where	43418
sold as may be sold by the holders of D-1 and D-2 permits. In	43419
addition to the privileges authorized in this division, the holder	43420
of a D-5d permit may exercise the same privileges as the holder of	43421
a D-5 permit.	43422

A D-5d permit shall not be transferred to another location.	43423
No quota restrictions shall be placed on the number of such	43424
permits that may be issued.	43425

The fee for this permit is onetwo thousand eightthree	43426
hundred seventy-fiveforty-four dollars.	43427

(E) Permit D-5e may be issued to any nonprofit organization	43428
that is exempt from federal income taxation under the "Internal	43429
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	43430
amended, or that is a charitable organization under any chapter of	43431
the Revised Code, and that owns or operates a riverboat that meets	43432
all of the following:	43433

(1) Is permanently docked at one location;

43434

(2) Is designated as an historical riverboat by the Ohio	43435
historical society;	43436

(3) Contains not less than fifteen hundred square feet of	43437
floor area;	43438

(4) Has a seating capacity of fifty or more persons.

43439

The holder of a D-5e permit may sell beer and intoxicating	43440
liquor at retail, only by the individual drink in glass and from	43441
the container, for consumption on the premises where sold.	43442

A D-5e permit shall not be transferred to another location.	43443
No quota restriction shall be placed on the number of such permits	43444
that may be issued. The population quota restrictions contained in	43445
section 4303.29 of the Revised Code or in any rule of the liquor	43446
control commission shall not apply to this division, and the	43447
division shall issue a D-5e permit to any applicant who meets the	43448
requirements of this division. However, the division shall not	43449
issue a D-5e permit if the permit premises or proposed permit	43450
premises are located within an area in which the sale of	43451
spirituous liquor by the glass is prohibited.	43452

The fee for this permit is nineone thousand two hundred	43453
seventy-fivenineteen dollars.	43454

(F) Permit D-5f may be issued to the owner or operator of a	43455
retail food establishment or a food service operation licensed	43456
under Chapter 3717. of the Revised Code that operates as a	43457
restaurant for purposes of this chapter and that meets all of the	43458
following:	43459

(1) It contains not less than twenty-five hundred square feet	43460
of floor area.	43461

(2) It is located on or in, or immediately adjacent to, the	43462
shoreline of, a navigable river.	43463

(3) It provides docking space for twenty-five boats.

43464

(4) It provides entertainment and recreation, provided that	43465
not less than fifty per cent of the business on the permit	43466
premises shall be preparing and serving meals for a consideration.	43467

In addition, each application for a D-5f permit shall be	43468
accompanied by a certification from the local legislative	43469
authority that the issuance of the D-5f permit is not inconsistent	43470
with that political subdivision's comprehensive development plan	43471
or other economic development goal as officially established by	43472
the local legislative authority.	43473

The holder of a D-5f permit may sell beer and intoxicating	43474
liquor at retail, only by the individual drink in glass and from	43475
the container, for consumption on the premises where sold.	43476

A D-5f permit shall not be transferred to another location.

43477

The division of liquor control shall not issue a D-5f permit	43478
if the permit premises or proposed permit premises are located	43479
within an area in which the sale of spirituous liquor by the glass	43480
is prohibited.	43481

A fee for this permit is onetwo thousand eightthree hundred	43482
seventy-fiveforty-four dollars.	43483

As used in this division, "navigable river" means a river	43484
that is also a "navigable water" as defined in the "Federal Power	43485
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	43486

(G) Permit D-5g may be issued to a nonprofit corporation that	43487
is either the owner or the operator of a national professional	43488
sports museum. The holder of a D-5g permit may sell beer and any	43489
intoxicating liquor at retail, only by the individual drink in	43490
glass and from the container, for consumption on the premises	43491
where sold. The holder of a D-5g permit shall sell no beer or	43492
intoxicating liquor for consumption on the premises where sold	43493
after one a.m. A D-5g permit shall not be transferred to another	43494
location. No quota restrictions shall be placed on the number of	43495
D-5g permits that may be issued. The fee for this permit is one	43496
thousand fiveeight hundred seventy-five dollars.	43497

(H) Permit D-5h may be issued to any nonprofit organization	43498
that is exempt from federal income taxation under the "Internal	43499
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	43500
amended, that owns or operates a fine arts museum and has no less	43501
than five thousand bona fide members possessing full membership	43502
privileges. The holder of a D-5h permit may sell beer and any	43503
intoxicating liquor at retail, only by the individual drink in	43504
glass and from the container, for consumption on the premises	43505
where sold. The holder of a D-5h permit shall sell no beer or	43506
intoxicating liquor for consumption on the premises where sold	43507
after one a.m. A D-5h permit shall not be transferred to another	43508
location. No quota restrictions shall be placed on the number of	43509
D-5h permits that may be issued. The fee for this permit is one	43510
thousand fiveeight hundred seventy-five dollars.	43511

(I) Permit D-5i may be issued to the owner or operator of a	43512
retail food establishment or a food service operation licensed	43513
under Chapter 3717. of the Revised Code that operates as a	43514
restaurant for purposes of this chapter and that meets all of the	43515
following requirements:	43516

(1) It is located in a municipal corporation or a township	43517
with a population of fifty thousand or less.	43518

(2) It has inside seating capacity for at least one hundred	43519
forty persons.	43520

(3) It has at least four thousand square feet of floor area.

43521

(4) It offers full-course meals, appetizers, and sandwiches.

43522

(5) Its receipts from beer and liquor sales do not exceed	43523
twenty-five per cent of its total gross receipts.	43524

(6) The value of its real and personal property exceeds seven	43525
hundred twenty-five thousand dollars.	43526

The holder of a D-5i permit shall cause an independent audit	43527
to be performed at the end of one full year of operation following	43528
issuance of the permit in order to verify the requirements of	43529
division (I)(5) of this section. The results of the independent	43530
audit shall be transmitted to the division. Upon determining that	43531
the receipts of the holder from beer and liquor sales exceeded	43532
twenty-five per cent of its total gross receipts, the division	43533
shall suspend the permit of the permit holder under section	43534
4301.25 of the Revised Code and may allow the permit holder to	43535
elect a forfeiture under section 4301.252 of the Revised Code.	43536

The holder of a D-5i permit may sell beer and any	43537
intoxicating liquor at retail, only by the individual drink in	43538
glass and from the container, for consumption on the premises	43539
where sold, and may sell the same products in the same manner and	43540
amounts not for consumption on the premises where sold as may be	43541
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	43542
permit shall sell no beer or intoxicating liquor for consumption	43543
on the premises where sold after two-thirty a.m. In addition to	43544
the privileges authorized in this division, the holder of a D-5i	43545
permit may exercise the same privileges as the holder of a D-5	43546
permit.	43547

A D-5i permit shall not be transferred to another location.	43548
The division of liquor control shall not renew a D-5i permit	43549
unless the food service operation for which it is issued continues	43550
to meet the requirements described in divisions (I)(1) to (6) of	43551
this section. No quota restrictions shall be placed on the number	43552
of D-5i permits that may be issued. The fee for this permit is one	43553
two thousand eightthree hundred seventy-fiveforty-four dollars.	43554

(J)(1) Permit D-5j may be issued to the owner or the operator	43555
of a retail food establishment or a food service operation	43556
licensed under Chapter 3717. of the Revised Code to sell beer and	43557
intoxicating liquor at retail, only by the individual drink in	43558
glass and from the container, for consumption on the premises	43559
where sold and to sell beer and intoxicating liquor in the same	43560
manner and amounts not for consumption on the premises where sold	43561
as may be sold by the holders of D-1 and D-2 permits. The holder	43562
of a D-5j permit may exercise the same privileges, and shall	43563
observe the same hours of operation, as the holder of a D-5	43564
permit.	43565

(2) The D-5j permit shall be issued only within a community	43566
entertainment district that is designated under section 4301.80 of	43567
the Revised Code and that is located in a municipal corporation	43568
with a population of at least one hundred thousand.	43569

(3) The location of a D-5j permit may be transferred only	43570
within the geographic boundaries of the community entertainment	43571
district in which it was issued and shall not be transferred	43572
outside the geographic boundaries of that district.	43573

(4) Not more than one D-5j permit shall be issued within each	43574
community entertainment district for each five acres of land	43575
located within the district. Not more than fifteen D-5j permits	43576
may be issued within a single community entertainment district.	43577
Except as otherwise provided in division (J)(4) of this section,	43578
no quota restrictions shall be placed upon the number of D-5j	43579
permits that may be issued.	43580

(5) The fee for a D-5j permit is onetwo thousand eightthree	43581
hundred seventy-fiveforty-four dollars.	43582

(K)(1) Permit D-5k may be issued to any nonprofit	43583
organization that is exempt from federal income taxation under the	43584
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	43585
501(c)(3), as amended, that is the owner or operator of a	43586
botanical garden recognized by the American association of	43587
botanical gardens and arboreta, and that has not less than	43588
twenty-five hundred bona fide members.	43589

(2) The holder of a D-5k permit may sell beer and any	43590
intoxicating liquor at retail, only by the individual drink in	43591
glass and from the container, on the premises where sold.	43592

(3) The holder of a D-5k permit shall sell no beer or	43593
intoxicating liquor for consumption on the premises where sold	43594
after one a.m.	43595

(4) A D-5k permit shall not be transferred to another	43596
location.	43597

(5) No quota restrictions shall be placed on the number of	43598
D-5k permits that may be issued.	43599

(6) The fee for the D-5k permit is one thousand fiveeight	43600
hundred seventy-five dollars.	43601

Sec. 4303.182.  (A) Except as otherwise provided in divisions	43602
(B) to (G) of this section, permit D-6 shall be issued to the	43603
holder of an A-1-A, A-2, C-2, D-2, D-3, D-4, D-4a, D-5, D-5a,	43604
D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, or D-7	43605
permit to allow sale under that permit between the hours of ten	43606
a.m. and midnight, or between the hours of one p.m. and midnight,	43607
on Sunday, as applicable, if that sale has been authorized under	43608
section 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised	43609
Code and under the restrictions of that authorization.	43610

(B) Permit D-6 shall be issued to the holder of any permit,	43611
including a D-4a and D-5d permit, authorizing the sale of	43612
intoxicating liquor issued for a premises located at any publicly	43613
owned airport, as defined in section 4563.01 of the Revised Code,	43614
at which commercial airline companies operate regularly scheduled	43615
flights on which space is available to the public, to allow sale	43616
under such permit between the hours of ten a.m. and midnight on	43617
Sunday, whether or not that sale has been authorized under section	43618
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	43619

(C) Permit D-6 shall be issued to the holder of a D-5a	43620
permit, and to the holder of a D-3 or D-3a permit who is the owner	43621
or operator of a hotel or motel that is required to be licensed	43622
under section 3731.03 of the Revised Code, that contains at least	43623
fifty rooms for registered transient guests, and that has on its	43624
premises a retail food establishment or a food service operation	43625
licensed pursuant to Chapter 3717. of the Revised Code that	43626
operates as a restaurant for purposes of this chapter and is	43627
affiliated with the hotel or motel and within or contiguous to the	43628
hotel or motel and serving food within the hotel or motel, to	43629
allow sale under such permit between the hours of ten a.m. and	43630
midnight on Sunday, whether or not that sale has been authorized	43631
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	43632
Revised Code.	43633

(D) The holder of a D-6 permit that is issued to a sports	43634
facility may make sales under the permit between the hours of	43635
eleven a.m. and midnight on any Sunday on which a professional	43636
baseball, basketball, football, hockey, or soccer game is being	43637
played at the sports facility. As used in this division, "sports	43638
facility" means a stadium or arena that has a seating capacity of	43639
at least four thousand and that is owned or leased by a	43640
professional baseball, basketball, football, hockey, or soccer	43641
franchise or any combination of those franchises.	43642

(E) Permit D-6 shall be issued to the holder of any permit	43643
that authorizes the sale of beer or intoxicating liquor and that	43644
is issued to a premises located in or at the Ohio historical	43645
society area or the state fairgrounds, as defined in division (B)	43646
of section 4301.40 of the Revised Code, to allow sale under that	43647
permit between the hours of ten a.m. and midnight on Sunday,	43648
whether or not that sale has been authorized under section	43649
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	43650

(F) Permit D-6 shall be issued to the holder of any permit	43651
that authorizes the sale of intoxicating liquor and that is issued	43652
to an outdoor performing arts center to allow sale under that	43653
permit between the hours of one p.m. and midnight on Sunday,	43654
whether or not that sale has been authorized under section	43655
4301.361 of the Revised Code. A D-6 permit issued under this	43656
division is subject to the results of an election, held after the	43657
D-6 permit is issued, on question (B)(4) as set forth in section	43658
4301.351 of the Revised Code. Following the end of the period	43659
during which an election may be held on question (B)(4) as set	43660
forth in that section, sales of intoxicating liquor may continue	43661
at an outdoor performing arts center under a D-6 permit issued	43662
under this division, unless an election on that question is held	43663
during the permitted period and a majority of the voters voting in	43664
the precinct on that question vote "no."	43665

As used in this division, "outdoor performing arts center"	43666
means an outdoor performing arts center that is located on not	43667
less than eight hundred acres of land and that is open for	43668
performances from the first day of April to the last day of	43669
October of each year.	43670

(G) Permit D-6 shall be issued to the holder of any permit	43671
that authorizes the sale of beer or intoxicating liquor and that	43672
is issued to a golf course owned by the state, a conservancy	43673
district, a park district created under Chapter 1545. of the	43674
Revised Code, or another political subdivision to allow sale under	43675
that permit between the hours of ten a.m. and midnight on Sunday,	43676
whether or not that sale has been authorized under section	43677
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	43678

(H) Permit D-6 shall be issued to the holder of a D-5g permit	43679
to allow sale under that permit between the hours of ten a.m. and	43680
midnight on Sunday, whether or not that sale has been authorized	43681
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	43682
Revised Code.	43683

(I) If the restriction to licensed premises where the sale of	43684
food and other goods and services exceeds fifty per cent of the	43685
total gross receipts of the permit holder at the premises is	43686
applicable, the division of liquor control may accept an affidavit	43687
from the permit holder to show the proportion of the permit	43688
holder's gross receipts derived from the sale of food and other	43689
goods and services. If the liquor control commission determines	43690
that affidavit to have been false, it shall revoke the permits of	43691
the permit holder at the premises concerned.	43692

(I)(J) The fee for the D-6 permit is twofive hundred fifty	43693
dollars when it is issued to the holder of an A-1-A, A-2, D-2,	43694
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f,	43695
D-5g, D-5h, D-5i, D-5j, D-5k, or D-7 permit. The fee for the D-6	43696
permit is twofour hundred dollars when it is issued to the holder	43697
of a C-2 permit.	43698

Sec. 4303.183.  Permit D-7 may be issued to the holder of any	43699
D-2 permit issued by the division of liquor control, or if there	43700
is an insufficient number of D-2 permit holders to fill the resort	43701
quota, to the operator of a retail food establishment or a food	43702
service operation required to be licensed under Chapter 3717. of	43703
the Revised Code that operates as a restaurant for purposes of	43704
this chapter and which qualifies under the other requirements of	43705
this section, to sell beer and any intoxicating liquor at retail,	43706
only by the individual drink in glass and from the container, for	43707
consumption on the premises where sold. Not less than fifty per	43708
cent of the business on the permit premises shall be preparing and	43709
serving meals for a consideration in order to qualify for and	43710
continue to hold such D-7 permit. The permit premises shall be	43711
located in a resort area.	43712

"Resort area" means a municipal corporation, township,	43713
county, or any combination thereof, which provides entertainment,	43714
recreation, and transient housing facilities specifically intended	43715
to provide leisure time activities for persons other than those	43716
whose permanent residence is within the "resort area" and who	43717
increase the population of the "resort area" on a seasonal basis,	43718
and which experiences seasonal peaks of employment and	43719
governmental services as a direct result of population increase	43720
generated by the transient, recreating public. A resort season	43721
shall begin on the first day of May and end on the last day of	43722
October. Notwithstanding section 4303.27 of the Revised Code, such	43723
permits may be issued for resort seasons without regard to the	43724
calendar year or permit year. Quota restrictions on the number of	43725
such permits shall take into consideration the transient	43726
population during the resort season, the custom and habits of	43727
visitors and tourists, and the promotion of the resort and tourist	43728
industry. The fee for this permit is threefour hundred	43729
seventy-fivesixty-nine dollars per month.	43730

Any suspension of a D-7 permit shall be satisfied during the	43731
resort season in which such suspension becomes final. If such	43732
suspension becomes final during the off-season, or if the period	43733
of the suspension extends beyond the last day of October, the	43734
suspension or remainder thereof shall be satisfied during the next	43735
resort season.	43736

The ownership of a D-7 permit may be transferred from one	43737
permit holder to another. The holder of a D-7 permit may file an	43738
application to transfer such permit to a new location within the	43739
same resort area, provided that such permit holder shall be the	43740
owner or operator of a retail food establishment or a food service	43741
operation, required to be licensed under Chapter 3717. of the	43742
Revised Code, that operates as a restaurant for purposes of this	43743
chapter, at such new location.	43744

Sec. 4303.184.  (A) Subject to division (B) of this section,	43745
a D-8 permit may be issued to the holder of a C-1, C-2, or C-2x	43746
permit issued to a retail store that has either of the following	43747
characteristics:	43748

(1) The store has at least five thousand five hundred square	43749
feet of floor area, and it generates more than sixty per cent of	43750
its sales in general merchandise items and food for consumption	43751
off the premises where sold.	43752

(2) Wine constitutes at least sixty per cent of the value of	43753
the store's inventory.	43754

(B) A D-8 permit may be issued to the holder of a C-1, C-2,	43755
or C-2x permit only if the premises of the permit holder are	43756
located in a precinct, or at a particular location in a precinct,	43757
in which the sale of beer, wine, or mixed beverages is permitted	43758
for consumption off the premises where sold. Sales under a D-8	43759
permit are not affected by whether sales for consumption on the	43760
premises where sold are permitted in the precinct or at the	43761
particular location where the D-8 premises are located.	43762

(C) The holder of a D-8 permit may sell tasting samples of	43763
beer, wine, and mixed beverages, but not spirituous liquor, at	43764
retail, for consumption on the premises where sold in an amount	43765
not to exceed two ounces or another amount designated by rule of	43766
the liquor control commission. A tasting sample shall not be sold	43767
for general consumption. No D-8 permit holder shall allow any	43768
authorized purchaser to consume more than four tasting samples of	43769
beer, wine, or mixed beverages, or any combination of beer, wine,	43770
or mixed beverages, per day.	43771

(D) The privileges authorized under a D-8 permit may only be	43772
exercised in conjunction with and during the hours of operation	43773
authorized by a C-1, C-2, C-2x, or D-6 permit.	43774

(E) A D-8 permit shall not be transferred to another	43775
location.	43776

(F) The fee for the D-8 permit is twofive hundred fifty	43777
dollars.	43778

(G) The holder of a D-8 permit shall cause an independent	43779
audit to be performed at the end of the first full year of	43780
operation following issuance of the permit, and at the end of each	43781
second year thereafter, in order to verify that the permit holder	43782
satisfies the applicable requirement of division (A)(1) or (2) of	43783
this section. The permit holder shall transmit the results of the	43784
independent audit to the division of liquor control. If the	43785
results of the audit indicate noncompliance with division (A) of	43786
this section, the division shall not renew the D-8 permit of the	43787
permit holder.	43788

Sec. 4303.19.  Permit E may be issued to the owner or	43789
operator of any railroad, a sleeping car company operating dining	43790
cars, buffet cars, club cars, lounge cars, or similar equipment,	43791
or an airline providing charter or regularly scheduled aircraft	43792
transportation service with dining, buffet, club, lounge, or	43793
similar facilities, to sell beer or any intoxicating liquor in any	43794
such car or aircraft to bona fide passengers at retail in glass	43795
and from the container for consumption in such car or aircraft,	43796
including sale on Sunday between the hours of one p.m. and	43797
midnight. The fee for this permit is twofive hundred fifty	43798
dollars.	43799

Sec. 4303.20.  Permit F may be issued to an association of	43800
ten or more persons, a labor union, or a charitable organization,	43801
or to an employer of ten or more persons sponsoring a function for	43802
histhe employer's employees, to purchase from the holders of A-1	43803
and B-1 permits and to sell beer for a period lasting not to	43804
exceed five days. No more than two such permits may be issued to	43805
the same applicant in any thirty-day period.	43806

The special function for which suchthe permit is issued	43807
shall include a social, recreational, benevolent, charitable,	43808
fraternal, political, patriotic, or athletic purpose but shall not	43809
include any function the proceeds of which are for the profit or	43810
gain of any individual. The fee for this permit is twentyforty	43811
dollars.	43812

Sec. 4303.201.  (A) As used in this section:

43813

(1) "Convention facility" means any structure owned or leased	43814
by a municipal corporation or county which was expressly designed	43815
and constructed and is currently used for the purpose of	43816
presenting conventions, public meetings, and exhibitions.	43817

(2) "Nonprofit organization" means any unincorporated	43818
association or nonprofit corporation that is not formed for the	43819
pecuniary gain or profit of, and whose net earnings or any part	43820
thereof is not distributable to, its members, trustees, officers,	43821
or other private persons; provided, that the payment of reasonable	43822
compensation for services rendered and the distribution of assets	43823
on dissolution shall not be considered pecuniary gain or profit or	43824
distribution of earnings in an association or corporation all of	43825
whose members are nonprofit corporations. Distribution of earnings	43826
to member organizations does not deprive it of the status of a	43827
nonprofit organization.	43828

(B) An F-1 permit may be issued to any nonprofit organization	43829
to allow the nonprofit organization and its members and their	43830
guests to lawfully bring beer, wine, and intoxicating liquor in	43831
its original package, flasks, or other containers into a	43832
convention facility for consumption therein, if both of the	43833
following requirements are met:	43834

(1) The superintendent of liquor control is satisfied the	43835
organization meets the definition of a nonprofit organization as	43836
set forth in division (A)(2) of this section, the nonprofit	43837
organization's membership includes persons residing in two or more	43838
states, and the organization's total membership is in excess of	43839
five hundred. The superintendent may accept a sworn statement by	43840
the president or other chief executive officer of the nonprofit	43841
organization as proof of the matters required in this division.	43842

(2) The managing official or employee of the convention	43843
facility has given written consent to the use of the convention	43844
facility and to the application for the F-1 permit, as shown in	43845
the nonprofit organization's application to the superintendent.	43846

(C) The superintendent shall specify individually the	43847
effective period of each F-1 permit on the permit, which shall not	43848
exceed three days. The fee for an F-1 permit is onetwo hundred	43849
twenty-fivefifty dollars. The superintendent shall prepare and	43850
make available application forms to request F-1 permits and may	43851
require applicants to furnish such information as the	43852
superintendent determines to be necessary for the administration	43853
of this section.	43854

(D) No holder of an F-1 permit shall make a specific charge	43855
for beer, wine, or intoxicating liquor by the drink, or in its	43856
original package, flasks, or other containers in connection with	43857
its use of the convention facility under the permit.	43858

Sec. 4303.202.  (A) The division of liquor control may issue	43859
an F-2 permit to an association or corporation, or to a recognized	43860
subordinate lodge, chapter, or other local unit of an association	43861
or corporation, to sell beer or intoxicating liquor by the	43862
individual drink at an event to be held on premises located in a	43863
political subdivision or part thereof where the sale of beer or	43864
intoxicating liquor on that day is otherwise permitted by law.	43865

The division of liquor control may issue an F-2 permit to an	43866
association or corporation, or to a recognized subordinate lodge,	43867
chapter, or other local unit of an association or corporation, to	43868
sell beer, wine, and spirituous liquor by the individual drink at	43869
an event to be held on premises located in a political subdivision	43870
or part thereof where the sale of beer and wine, but not	43871
spirituous liquor, is otherwise permitted by law on that day.	43872

Notwithstanding section 1711.09 of the Revised Code, this	43873
section applies to any association or corporation or a recognized	43874
subordinate lodge, chapter, or other local unit of an association	43875
or corporation.	43876

In order to receive an F-2 permit, the association,	43877
corporation, or local unit shall be organized not for profit,	43878
shall be operated for a charitable, cultural, fraternal, or	43879
educational purpose, and shall not be affiliated with the holder	43880
of any class of liquor permit, other than a D-4 permit.	43881

The premises on which the permit is to be used shall be	43882
clearly defined and sufficiently restricted to allow proper	43883
supervision of the permit use by state and local law enforcement	43884
personnel. An F-2 permit may be issued for the same premises for	43885
which another class of permit is issued.	43886

No F-2 permit shall be effective for more than forty-eight	43887
consecutive hours, and sales shall be confined to the same hours	43888
permitted to the holder of a D-3 permit. The division shall not	43889
issue more than two F-2 permits in one calendar year to the same	43890
association, corporation, or local unit of an association or	43891
corporation. The fee for an F-2 permit is seventy-fiveone hundred	43892
fifty dollars.	43893

If an applicant wishes the holder of a D-3, D-4, or D-5	43894
permit to conduct the sale of beer and intoxicating liquor at the	43895
event, the applicant may request that the F-2 permit be issued	43896
jointly to the association, corporation, or local unit and the	43897
D-permit holder. If a permit is issued jointly, the association,	43898
corporation, or local unit and the D-permit holder shall both be	43899
held responsible for any conduct that violates laws pertaining to	43900
the sale of alcoholic beverages, including sales by the D-permit	43901
holder; otherwise, the association, corporation, or local unit	43902
shall be held responsible. In addition to the permit fee paid by	43903
the association, corporation, or local unit, the D-permit holder	43904
shall pay a fee of ten dollars. A D-permit holder may receive an	43905
unlimited number of joint F-2 permits.	43906

Any association, corporation, or local unit applying for an	43907
F-2 permit shall file with the application a statement of the	43908
organizational purpose of the association, corporation, or local	43909
unit, the location and purpose of the event, and a list of its	43910
officers. The application form shall contain a notice that a	43911
person who knowingly makes a false statement on the application or	43912
statement is guilty of the crime of falsification, a misdemeanor	43913
of the first degree. In ruling on an application, the division	43914
shall consider, among other things, the past activities of the	43915
association, corporation, or local unit and any D-permit holder	43916
while operating under other F-2 permits, the location of the event	43917
for which the current application is made, and any objections of	43918
local residents or law enforcement authorities. If the division	43919
approves the application, it shall send copies of the approved	43920
application to the proper law enforcement authorities prior to the	43921
scheduled event.	43922

Using the procedures of Chapter 119. of the Revised Code, the	43923
liquor control commission may adopt such rules as are necessary to	43924
administer this section.	43925

(B) No association, corporation, local unit of an association	43926
or corporation, or D-permit holder who holds an F-2 permit shall	43927
sell beer or intoxicating liquor beyond the hours of sale allowed	43928
by the permit. This division imposes strict liability on the	43929
holder of such permit and on any officer, agent, or employee of	43930
such permit holder.	43931

Sec. 4303.203.  (A) As used in this section:

43932

(1) "Convention facility" and "nonprofit corporation" have	43933
the same meanings as in section 4303.201 of the Revised Code.	43934

(2) "Hotel" means a hotel described in section 3731.01 of the	43935
Revised Code that has at least fifty rooms for registered	43936
transient guests and that is required to be licensed pursuant to	43937
section 3731.03 of the Revised Code.	43938

(B) An F-3 permit may be issued to an organization whose	43939
primary purpose is to support, promote, and educate members of the	43940
beer, wine, or mixed beverage industries, to allow the	43941
organization to bring beer, wine, or mixed beverages in their	43942
original packages or containers into a convention facility or	43943
hotel for consumption in the facility or hotel, if all of the	43944
following requirements are met:	43945

(1) The superintendent of liquor control is satisfied that	43946
the organization is a nonprofit organization and that the	43947
organization's membership is in excess of two hundred fifty	43948
persons.	43949

(2) The general manager or the equivalent officer of the	43950
convention facility or hotel provides a written consent for the	43951
use of a portion of the facility or hotel by the organization and	43952
a written statement that the facility's or hotel's permit	43953
privileges will be suspended in the portion of the facility or	43954
hotel in which the F-3 permit is in force.	43955

(3) The organization provides a written description that	43956
clearly sets forth the portion of the convention facility or hotel	43957
in which the F-3 permit will be used.	43958

(4) The organization provides a written statement as to its	43959
primary purpose and the purpose of its event at the convention	43960
facility or hotel.	43961

(5) Division (C) of this section does not apply.

43962

(C) No F-3 permit shall be issued to any nonprofit	43963
organization that is created by or for a specific manufacturer,	43964
supplier, distributor, or retailer of beer, wine, or mixed	43965
beverages.	43966

(D) Notwithstanding division (E) of section 4301.22 of the	43967
Revised Code, a holder of an F-3 permit may obtain by donation	43968
beer, wine, or mixed beverages from any manufacturer or producer	43969
of beer, wine, or mixed beverages.	43970

(E) Nothing in this chapter prohibits the holder of an F-3	43971
permit from bringing into the portion of the convention facility	43972
or hotel covered by the permit beer, wine, or mixed beverages	43973
otherwise not approved for sale in this state.	43974

(F) Notwithstanding division (E) of section 4301.22 of the	43975
Revised Code, no holder of an F-3 permit shall make any charge for	43976
any beer, wine, or mixed beverage served by the drink, or in its	43977
original package or container, in connection with the use of the	43978
portion of the convention facility or hotel covered by the permit.	43979

(G) The division of liquor control shall prepare and make	43980
available an F-3 permit application form and may require	43981
applicants for the permit to provide information, in addition to	43982
that required by this section, that is necessary for the	43983
administration of this section.	43984

(H) An F-3 permit shall be effective for a period not to	43985
exceed five consecutive days. The division of liquor control shall	43986
not issue more than three F-3 permits per calendar year to the	43987
same nonprofit organization. The fee for an F-3 permit is one	43988
three hundred fifty dollars.	43989

Sec. 4303.204. (A) The division of liquor control may issue	43990
an F-4 permit to an association or corporation organized	43991
not-for-profit in this state to conduct an event that includes the	43992
introduction, showcasing, or promotion of Ohio wines, if the event	43993
has all of the following characteristics:	43994

(1) It is coordinated by that association or corporation, and	43995
the association or corporation is responsible for the activities	43996
at it.	43997

(2) It has as one of its purposes the intent to introduce,	43998
showcase, or promote Ohio wines to persons who attend it.	43999

(3) It includes the sale of food for consumption on the	44000
premises where sold.	44001

(4) It features at least three A-2 permit holders who sell	44002
Ohio wine at it.	44003

(B) The holder of an F-4 permit may furnish, without charge,	44004
wine that it has obtained from the A-2 permit holders that are	44005
participating in the event for which the F-4 permit is issued, in	44006
two-ounce samples for consumption on the premises where furnished	44007
and may sell such wine by the glass for consumption on the	44008
premises where sold. The holder of an A-2 permit that is	44009
participating in the event for which the F-4 permit is issued may	44010
sell wine that it has manufactured, in sealed containers for	44011
consumption off the premises where sold. Wine may be furnished or	44012
sold on the premises of the event for which the F-4 permit is	44013
issued only where and when the sale of wine is otherwise permitted	44014
by law.	44015

(C) The premises of the event for which the F-4 permit is	44016
issued shall be clearly defined and sufficiently restricted to	44017
allow proper enforcement of the permit by state and local law	44018
enforcement officers. If an F-4 permit is issued for all or a	44019
portion of the same premises for which another class of permit is	44020
issued, that permit holder's privileges will be suspended in that	44021
portion of the premises in which the F-4 permit is in effect.	44022

(D) No F-4 permit shall be effective for more than	44023
seventy-two consecutive hours. No sales or furnishing of wine	44024
shall take place under an F-4 permit after one a.m.	44025

(E) The division shall not issue more than six F-4 permits to	44026
the same not-for-profit association or corporation in any one	44027
calendar year.	44028

(F) An applicant for an F-4 permit shall apply for the permit	44029
not later than thirty days prior to the first day of the event for	44030
which the permit is sought. The application for the permit shall	44031
list all of the A-2 permit holders that will participate in the	44032
event for which the F-4 permit is sought. The fee for the F-4	44033
permit is thirtysixty dollars per day.	44034

The division shall prepare and make available an F-4 permit	44035
application form and may require applicants for and holders of the	44036
F-4 permit to provide information that is in addition to that	44037
required by this section and that is necessary for the	44038
administration of this section.	44039

(G)(1) The holder of an F-4 permit is responsible for, and is	44040
subject to penalties for, any violations of this chapter or	44041
Chapter 4301. of the Revised Code or the rules adopted under this	44042
and that chapter.	44043

(2) An F-4 permit holder shall not allow an A-2 permit holder	44044
to participate in the event for which the F-4 permit is issued if	44045
the A-2 or A-1-A permit of that A-2 permit holder is under	44046
suspension.	44047

(3) The division may refuse to issue an F-4 permit to an	44048
applicant who has violated any provision of this chapter or	44049
Chapter 4301. of the Revised Code during the applicant's previous	44050
operation under an F-4 permit, for a period of up to two years	44051
after the date of the violation.	44052

(H)(1) Notwithstanding division (E) of section 4301.22 of the	44053
Revised Code, an A-2 permit holder that participates in an event	44054
for which an F-4 permit is issued may donate wine that it has	44055
manufactured to the holder of that F-4 permit. The holder of an	44056
F-4 permit may return unused and sealed containers of wine to the	44057
A-2 permit holder that donated the wine at the conclusion of the	44058
event for which the F-4 permit was issued.	44059

(2) The participation by an A-2 permit holder or its	44060
employees in an event for which an F-4 permit is issued does not	44061
violate section 4301.24 of the Revised Code.	44062

Sec. 4303.21.  Permit G may be issued to the owner of a	44063
pharmacy in charge of a licensed pharmacist to be named in such	44064
the permit for the sale at retail of alcohol for medicinal	44065
purposes in quantities at each sale of not more than one gallon	44066
upon the written prescription of a physician or dentist who is	44067
lawfully and regularly engaged in the practice of the physician's	44068
or dentist's profession in this state, and for the sale of	44069
industrial alcohol for mechanical, chemical, or scientific	44070
purposes to a person known by the seller to be engaged in such	44071
mechanical, chemical, or scientific pursuits; all subject to	44072
section 4303.34 of the Revised Code. The fee for this permit if	44073
fiftyis one hundred dollars.	44074

Sec. 4303.22.  Permit H may be issued for a fee of onethree	44075
hundred fifty dollars to a carrier by motor vehicle who also holds	44076
a license issued by the public utilities commission to transport	44077
beer, intoxicating liquor, and alcohol, or any of them, in this	44078
state for delivery or use in this state. This section does not	44079
prevent the division of liquor control from contracting with	44080
common or contract carriers for the delivery or transportation of	44081
liquor for the division, and any contract or common carrier so	44082
contracting with the division is eligible for an H permit.	44083
Manufacturers or wholesale distributors of beer or intoxicating	44084
liquor other than spirituous liquor who transport or deliver their	44085
own products to or from their premises licensed under this chapter	44086
and Chapter 4301. of the Revised Code by their own trucks as an	44087
incident to the purchase or sale of such beverages need not obtain	44088
an H permit. Carriers by rail shall receive an H permit upon	44089
application for it.	44090

This section does not prevent the division from issuing, upon	44091
the payment of the permit fee, an H permit to any person,	44092
partnership, firm, or corporation licensed by any other state to	44093
engage in the business of manufacturing and brewing or producing	44094
beer, wine, and mixed beverages or any person, partnership, firm,	44095
or corporation licensed by the United States or any other state to	44096
engage in the business of importing beer, wine, and mixed	44097
beverages manufactured outside the United States. The	44098
manufacturer, brewer, or importer of products manufactured outside	44099
the United States, upon the issuance of an H permit, may	44100
transport, ship, and deliver only its own products to holders of	44101
B-1 or B-5 permits in Ohio in motor trucks and equipment owned and	44102
operated by such class H permit holder. No H permit shall be	44103
issued by the division to such applicant until the applicant files	44104
with the division a liability insurance certificate or policy	44105
satisfactory to the division, in a sum of not less than one	44106
thousand nor more than five thousand dollars for property damage	44107
and for not less than five thousand nor more than fifty thousand	44108
dollars for loss sustained by reason of injury or death and with	44109
such other terms as the division considers necessary to adequately	44110
protect the interest of the public, having due regard for the	44111
number of persons and amount of property affected. The certificate	44112
or policy shall insure the manufacturer, brewer, or importer of	44113
products manufactured outside the United States against loss	44114
sustained by reason of the death of or injury to persons, and for	44115
loss of or damage to property, from the negligence of such class H	44116
permit holder in the operation of its motor vehicles or equipment	44117
in this state.	44118

Sec. 4303.23.  Permit I may be issued to wholesale druggists	44119
to purchase alcohol from the holders of A-3 permits and to import	44120
alcohol into Ohiothis state subject to such terms as are imposed	44121
by the division of liquor control; to sell at wholesale to	44122
physicians, dentists, druggists, veterinary surgeons,	44123
manufacturers, hospitals, infirmaries, and medical or educational	44124
institutions using such alcohol for medicinal, mechanical,	44125
chemical, or scientific purposes, and to holders of G permits for	44126
nonbeverage purposes only; and to sell alcohol at retail in total	44127
quantities at each sale of not more than one quart, upon the	44128
written prescription of a physician or dentist who is lawfully and	44129
regularly engaged in the practice of histhe physician's or	44130
dentist's profession in this state. The sale of alcohol under this	44131
section is subject to section 4303.34 of the Revised Code. The fee	44132
for this permit is onetwo hundred dollars.	44133

"Wholesale druggists," as used in this, section includes all	44134
persons holding federal wholesale liquor dealers' licenses and who	44135
are engaged in the sale of medicinal drugs, proprietary medicines,	44136
and surgical and medical appliances and apparatus, at wholesale.	44137

Sec. 4303.231.  Permit W may be issued to a manufacturer or	44138
supplier of beer or intoxicating liquor to operate a warehouse for	44139
the storage of beer or intoxicating liquor within this state and	44140
to sell suchthose products from the warehouse only to holders of	44141
B permits in this state and to other customers outside this state	44142
under rules promulgated by the liquor control commission. Each	44143
holder of a B permit with a consent to import on file with the	44144
division of liquor control may purchase beer or intoxicating	44145
liquor if designated by the permit to make suchthose purchases,	44146
from the holder of a W permit. The fee for a W permit is one	44147
thousand twofive hundred fiftysixty-three dollars for each	44148
warehouse during the year covered by the permit.	44149

Sec. 4501.06.  The taxes, fees, and fines levied, charged, or	44150
referred to in division (C)(1) of section 4503.10, division (D) of	44151
section 4503.182, and sections 4505.11, 4505.111, 4506.08,	44152
4506.09, 4507.23, 4508.05, 4923.12, and 5502.12 of the Revised	44153
Code, unless otherwise designated by law, shall be deposited in	44154
the state treasury to the credit of the state highway safety fund,	44155
which is hereby created, and shall, after receipt of	44156
certifications from the commissioners of the sinking fund	44157
certifying, as required by sections 5528.15 and 5528.35 of the	44158
Revised Code, that there are sufficient moneys to the credit of	44159
the highway improvement bond retirement fund created by section	44160
5528.12 of the Revised Code to meet in full all payments of	44161
interest, principal, and charges for the retirement of bonds and	44162
other obligations issued pursuant to Section 2g of Article VIII,	44163
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	44164
Code due and payable during the current calendar year, and that	44165
there are sufficient moneys to the credit of the highway	44166
obligations bond retirement fund created by section 5528.32 of the	44167
Revised Code to meet in full all payments of interest, principal,	44168
and charges for the retirement of highway obligations issued	44169
pursuant to Section 2i of Article VIII, Ohio Constitution, and	44170
sections 5528.30 and 5528.31 of the Revised Code due and payable	44171
during the current calendar year, be used for the purpose of	44172
enforcing and paying the expenses of administering the law	44173
relative to the registration and operation of motor vehicles on	44174
the public roads or highways. Amounts credited to the fund may	44175
also be used to pay the expenses of administering and enforcing	44176
the laws under which such fees were collected. All investment	44177
earnings of the state highway safety fund shall be credited to the	44178
fund.	44179

Sec. 4503.101.  (A) The registrar of motor vehicles shall	44180
adopt rules to establish a system of motor vehicle registration	44181
based upon the type of vehicle to be registered, the type of	44182
ownership of the vehicle, the class of license plate to be issued,	44183
and any other factor the registrar determines to be relevant.	44184
Except for commercial cars, buses, trailers, and semitrailers	44185
taxed under section 4503.042 of the Revised Code; except for	44186
rental vehicles owned by motor vehicle renting dealers; and except	44187
as otherwise provided by rule, motor vehicles owned by an	44188
individual shall be registered based upon the motor vehicle	44189
owner's date of birth. Beginning with the 2004 registration year,	44190
the registrar shall assign motor vehicles to the registration	44191
periods established by rules adopted under this section.	44192

(B) The registrar shall adopt rules to permit motor vehicle	44193
owners residing together at one address to select the date of	44194
birth of any one of the owners as the date to register any or all	44195
of the vehicles at that residence address, as shown in the records	44196
of the bureau of motor vehicles.	44197

(C) The registrar shall adopt rules to assign and reassign	44198
all commercial cars, buses, trailers, and semitrailers taxed under	44199
section 4503.042 of the Revised Code and all rental vehicles owned	44200
by motor vehicle renting dealers to a system of registration so	44201
that the registrations of approximately one-twelfth of all such	44202
vehicles expire on the last day of each month of a calendar year.	44203
To effect a reassignment from the registration period in effect on	44204
the effective date of this amendmentJune 30, 2003, to the new	44205
registration periods established by the rules adopted under this	44206
section as amended, the rules may require the motor vehicle to be	44207
registered for more or less than a twelve-month period at the time	44208
the motor vehicle's registration is subject to its initial renewal	44209
following the effective date of such rules. If necessary to effect	44210
an efficient transition, the rules may provide that the	44211
registration reassignments take place over two consecutive	44212
registration periods. The registration taxes to be charged shall	44213
be determined by the registrar on the basis of the annual tax	44214
otherwise due on the motor vehicle, prorated in accordance with	44215
the number of months for which the motor vehicle is registered,	44216
except that the fee established by division (C)(1) of section	44217
4503.10 of the Revised Code shall be collected in full for each	44218
renewal that occurs during the transition period and shall not be	44219
prorated.	44220

(D) The registrar shall adopt rules to permit any commercial	44221
motor vehicle owner or motor vehicle renting dealer who owns two	44222
or more motor vehicles to request the registrar to permit the	44223
owner to separate the owner's fleet into up to four divisions for	44224
assignment to separate dates upon which to register the vehicles,	44225
provided that the registrar may disapprove any such request	44226
whenever the registrar has reason to believe that an uneven	44227
distribution of registrations throughout the calendar year has	44228
developed or is likely to develop.	44229

(E) Every owner or lessee of a motor vehicle holding a	44230
certificate of registration shall notify the registrar of any	44231
change of the owner's or lessee's correct address within ten days	44232
after the change occurs. The notification shall be in writing on a	44233
form provided by the registrar or by electronic means approved by	44234
the registrar and shall include the full name, date of birth if	44235
applicable, license number, county of residence or place of	44236
business, social security account number of an individual or	44237
federal tax identification number of a business, and new address.	44238

(F) As used in this section, "motor vehicle renting dealer"	44239
has the same meaning as in section 4549.65 of the Revised Code.	44240

Sec. 4503.103.  (A)(1)(a) The registrar of motor vehicles may	44241
adopt rules to permit any person or lessee, other than a person	44242
receiving an apportioned license plate under the international	44243
registration plan, who owns or leases one or more motor vehicles	44244
to file a written application for registration for no more than	44245
five succeeding registration years. The rules adopted by the	44246
registrar may designate the classes of motor vehicles that are	44247
eligible for such registration. At the time of application, all	44248
annual taxes and fees shall be paid for each year for which the	44249
person is registering.	44250

(b) The(i) Except as provided in division (A)(1)(b)(ii) of	44251
this section, the registrar shall adopt rules to permit any	44252
person, other than a person receiving an apportioned license plate	44253
under the international registration plan and other than the owner	44254
of a commercial car used solely in intrastate commerce, who owns a	44255
motor vehicle to file an application for registration for the next	44256
two succeeding registration years. At the time of application, the	44257
person shall pay the annual taxes and fees for each registration	44258
year, calculated in accordance with division (C) of section	44259
4503.11 of the Revised Code. A person who is registering a vehicle	44260
under division (A)(1)(b) of this section shall pay for each year	44261
of registration the additional fee established under division	44262
(C)(1) of section 4503.10 of the Revised Code. The person shall	44263
also pay one and one-half times the amount of the deputy registrar	44264
service fee specified in division (D) of section 4503.10 of the	44265
Revised Code or the bureau of motor vehicles service fee specified	44266
in division (G) of that section, as applicable.	44267

(ii) Division (A)(1)(b)(i) of this section does not apply to	44268
a person receiving an apportioned license plate under the	44269
international registration plan, or the owner of a commercial car	44270
used solely in intrastate commerce, or the owner of a bus as	44271
defined in section 4513.50 of the Revised Code.	44272

(2) No person applying for a multi-year registration under	44273
division (A)(1) of this section is entitled to a refund of any	44274
taxes or fees paid.	44275

(3) The registrar shall not issue to any applicant who has	44276
been issued a final, nonappealable order under division (B) of	44277
this section a multi-year registration or renewal thereof under	44278
this division or rules adopted under it for any motor vehicle that	44279
is required to be inspected under section 3704.14 of the Revised	44280
Code the district of registration of which, as determined under	44281
section 4503.10 of the Revised Code, is or is located in the	44282
county named in the order.	44283

(B) Upon receipt from the director of environmental	44284
protection of a notice issued under division (J) of section	44285
3704.14 of the Revised Code indicating that an owner of a motor	44286
vehicle that is required to be inspected under that section who	44287
obtained a multi-year registration for the vehicle under division	44288
(A) of this section or rules adopted under that division has not	44289
obtained an inspection certificate for the vehicle in accordance	44290
with that section in a year intervening between the years of	44291
issuance and expiration of the multi-year registration in which	44292
the owner is required to have the vehicle inspected and obtain an	44293
inspection certificate for it under division (F)(1)(a) of that	44294
section, the registrar in accordance with Chapter 119. of the	44295
Revised Code shall issue an order to the owner impounding the	44296
certificate of registration and identification license plates for	44297
the vehicle. The order also shall prohibit the owner from	44298
obtaining or renewing a multi-year registration for any vehicle	44299
that is required to be inspected under that section, the district	44300
of registration of which is or is located in the same county as	44301
the county named in the order during the number of years after	44302
expiration of the current multi-year registration that equals the	44303
number of years for which the current multi-year registration was	44304
issued.	44305

An order issued under this division shall require the owner	44306
to surrender to the registrar the certificate of registration and	44307
license plates for the vehicle named in the order within five days	44308
after its issuance. If the owner fails to do so within that time,	44309
the registrar shall certify that fact to the county sheriff or	44310
local police officials who shall recover the certificate of	44311
registration and license plates for the vehicle.	44312

(C) Upon the occurrence of either of the following	44313
circumstances, the registrar in accordance with Chapter 119. of	44314
the Revised Code shall issue to the owner a modified order	44315
rescinding the provisions of the order issued under division (B)	44316
of this section impounding the certificate of registration and	44317
license plates for the vehicle named in that original order:	44318

(1) Receipt from the director of environmental protection of	44319
a subsequent notice under division (J) of section 3704.14 of the	44320
Revised Code that the owner has obtained the inspection	44321
certificate for the vehicle as required under division (F)(1)(a)	44322
of that section;	44323

(2) Presentation to the registrar by the owner of the	44324
required inspection certificate for the vehicle.	44325

(D) The owner of a motor vehicle for which the certificate of	44326
registration and license plates have been impounded pursuant to an	44327
order issued under division (B) of this section, upon issuance of	44328
a modified order under division (C) of this section, may apply to	44329
the registrar for their return. A fee of two dollars and fifty	44330
cents shall be charged for the return of the certificate of	44331
registration and license plates for each vehicle named in the	44332
application.	44333

Sec. 4505.06.  (A)(1) Application for a certificate of title	44334
shall be made in a form prescribed by the registrar of motor	44335
vehicles and shall be sworn to before a notary public or other	44336
officer empowered to administer oaths. The application shall be	44337
filed with the clerk of any court of common pleas. An application	44338
for a certificate of title may be filed electronically by any	44339
electronic means approved by the registrar in any county with the	44340
clerk of the court of common pleas of that county. Any payments	44341
required by this chapter shall be considered as accompanying any	44342
electronically transmitted application when payment actually is	44343
received by the clerk. Payment of any fee or taxes may be made by	44344
electronic transfer of funds.	44345

(2) The application for a certificate of title shall be	44346
accompanied by the fee prescribed in section 4505.09 of the	44347
Revised Code. The fee shall be retained by the clerk who issues	44348
the certificate of title and shall be distributed in accordance	44349
with that section. If a clerk of a court of common pleas, other	44350
than the clerk of the court of common pleas of an applicant's	44351
county of residence, issues a certificate of title to the	44352
applicant, the clerk shall transmit data related to the	44353
transaction to the automated title processing system.	44354

(3) If a certificate of title previously has been issued for	44355
a motor vehicle in this state, the application for a certificate	44356
of title also shall be accompanied by that certificate of title	44357
duly assigned, unless otherwise provided in this chapter. If a	44358
certificate of title previously has not been issued for the motor	44359
vehicle in this state, the application, unless otherwise provided	44360
in this chapter, shall be accompanied by a manufacturer's or	44361
importer's certificate or by a certificate of title of another	44362
state from which the motor vehicle was brought into this state. If	44363
the application refers to a motor vehicle last previously	44364
registered in another state, the application also shall be	44365
accompanied by the physical inspection certificate required by	44366
section 4505.061 of the Revised Code. If the application is made	44367
by two persons regarding a motor vehicle in which they wish to	44368
establish joint ownership with right of survivorship, they may do	44369
so as provided in section 2131.12 of the Revised Code. If the	44370
applicant requests a designation of the motor vehicle in	44371
beneficiary form so that upon the death of the owner of the motor	44372
vehicle, ownership of the motor vehicle will pass to a designated	44373
transfer-on-death beneficiary or beneficiaries, the applicant may	44374
do so as provided in section 2131.13 of the Revised Code. A person	44375
who establishes ownership of a motor vehicle that is transferable	44376
on death in accordance with section 2131.13 of the Revised Code	44377
may terminate that type of ownership or change the designation of	44378
the transfer-on-death beneficiary or beneficiaries by applying for	44379
a certificate of title pursuant to this section. The clerk shall	44380
retain the evidence of title presented by the applicant and on	44381
which the certificate of title is issued, except that, if an	44382
application for a certificate of title is filed electronically by	44383
an electronic motor vehicle dealer on behalf of the purchaser of a	44384
motor vehicle, the clerk shall retain the completed electronic	44385
record to which the dealer converted the certificate of title	44386
application and other required documents. The electronic motor	44387
vehicle dealer shall forwardretain the actualoriginal title	44388
application and all other documents relating to the sale of the	44389
motor vehicle to any clerk within thirty days after the	44390
certificate of title is issued. The registrar, after consultation	44391
with the attorney general, shall adopt rules that govern the	44392
location at which, and the manner in which, are stored the actual	44393
application and all other documents relating to the sale of a	44394
motor vehicle when an electronic motor vehicle dealer files the	44395
application for a certificate of title electronically on behalf of	44396
the purchaserfor a period of time determined by the registrar and	44397
shall make all of the documents available for inspection by the	44398
registrar upon the registrar's request. The registrar shall make	44399
the original application documents available to the attorney	44400
general upon the request of the attorney general.	44401

The clerk shall use reasonable diligence in ascertaining	44402
whether or not the facts in the application for a certificate of	44403
title are true by checking the application and documents	44404
accompanying it or the electronic record to which a dealer	44405
converted the application and accompanying documents with the	44406
records of motor vehicles in the clerk's office. If the clerk is	44407
satisfied that the applicant is the owner of the motor vehicle and	44408
that the application is in the proper form, the clerk, within five	44409
business days after the application is filed, shall issue a	44410
physical certificate of title over the clerk's signature and	44411
sealed with the clerk's seal unless the applicant specifically	44412
requests the clerk not to issue a physical certificate of title	44413
and instead to issue an electronic certificate of title. For	44414
purposes of the transfer of a certificate of title, if the clerk	44415
is satisfied that the secured party has duly discharged a lien	44416
notation but has not canceled the lien notation with a clerk, the	44417
clerk may cancel the lien notation on the automated title	44418
processing system and notify the clerk of the county of origin.	44419

(4) In the case of the sale of a motor vehicle to a general	44420
buyer or user by a dealer, by a motor vehicle leasing dealer	44421
selling the motor vehicle to the lessee or, in a case in which the	44422
leasing dealer subleased the motor vehicle, the sublessee, at the	44423
end of the lease agreement or sublease agreement, or by a	44424
manufactured home broker, the certificate of title shall be	44425
obtained in the name of the buyer by the dealer, leasing dealer,	44426
or manufactured home broker, as the case may be, upon application	44427
signed by the buyer. The certificate of title shall be issued, or	44428
the process of entering the certificate of title application	44429
information into the automated title processing system if a	44430
physical certificate of title is not to be issued shall be	44431
completed, within five business days after the application for	44432
title is filed with the clerk. If the buyer of the motor vehicle	44433
previously leased the motor vehicle and is buying the motor	44434
vehicle at the end of the lease pursuant to that lease, the	44435
certificate of title shall be obtained in the name of the buyer by	44436
the motor vehicle leasing dealer who previously leased the motor	44437
vehicle to the buyer or by the motor vehicle leasing dealer who	44438
subleased the motor vehicle to the buyer under a sublease	44439
agreement.	44440

In all other cases, except as provided in section 4505.032	44441
and division (D)(2) of section 4505.11 of the Revised Code, such	44442
certificates shall be obtained by the buyer.	44443

(5)(a)(i) If the certificate of title is being obtained in	44444
the name of the buyer by a motor vehicle dealer or motor vehicle	44445
leasing dealer and there is a security interest to be noted on the	44446
certificate of title, the dealer or leasing dealer shall submit	44447
the application for the certificate of title and payment of the	44448
applicable tax to a clerk within seven business days after the	44449
later of the delivery of the motor vehicle to the buyer or the	44450
date the dealer or leasing dealer obtains the manufacturer's or	44451
importer's certificate, or certificate of title issued in the name	44452
of the dealer or leasing dealer, for the motor vehicle. Submission	44453
of the application for the certificate of title and payment of the	44454
applicable tax within the required seven business days may be	44455
indicated by postmark or receipt by a clerk within that period.	44456

(ii) Upon receipt of the certificate of title with the	44457
security interest noted on its face, the dealer or leasing dealer	44458
shall forward the certificate of title to the secured party at the	44459
location noted in the financing documents or otherwise specified	44460
by the secured party.	44461

(iii) A motor vehicle dealer or motor vehicle leasing dealer	44462
is liable to a secured party for a late fee of ten dollars per day	44463
for each certificate of title application and payment of the	44464
applicable tax that is submitted to a clerk more than seven	44465
business days but less than twenty-one days after the later of the	44466
delivery of the motor vehicle to the buyer or the date the dealer	44467
or leasing dealer obtains the manufacturer's or importer's	44468
certificate, or certificate of title issued in the name of the	44469
dealer or leasing dealer, for the motor vehicle and, from then on,	44470
twenty-five dollars per day until the application and applicable	44471
tax are submitted to a clerk.	44472

(b) In all cases of transfer of a motor vehicle, the	44473
application for certificate of title shall be filed within thirty	44474
days after the assignment or delivery of the motor vehicle. If an	44475
application for a certificate of title is not filed within the	44476
period specified in division (A)(5)(b) of this section, the clerk	44477
shall collect a fee of five dollars for the issuance of the	44478
certificate, except that no such fee shall be required from a	44479
motor vehicle salvage dealer, as defined in division (A) of	44480
section 4738.01 of the Revised Code, who immediately surrenders	44481
the certificate of title for cancellation. The fee shall be in	44482
addition to all other fees established by this chapter, and shall	44483
be retained by the clerk. The registrar shall provide, on the	44484
certificate of title form prescribed by section 4505.07 of the	44485
Revised Code, language necessary to give evidence of the date on	44486
which the assignment or delivery of the motor vehicle was made.	44487

(6) As used in division (A) of this section, "lease	44488
agreement," "lessee," and "sublease agreement" have the same	44489
meanings as in section 4505.04 of the Revised Code.	44490

(B) The clerk, except as provided in this section, shall	44491
refuse to accept for filing any application for a certificate of	44492
title and shall refuse to issue a certificate of title unless the	44493
dealer or manufactured home broker or the applicant, in cases in	44494
which the certificate shall be obtained by the buyer, submits with	44495
the application payment of the tax levied by or pursuant to	44496
Chapters 5739. and 5741. of the Revised Code based on the	44497
purchaser's county of residence. Upon payment of the tax in	44498
accordance with division (E) of this section, the clerk shall	44499
issue a receipt prescribed by the registrar and agreed upon by the	44500
tax commissioner showing payment of the tax or a receipt issued by	44501
the commissioner showing the payment of the tax. When submitting	44502
payment of the tax to the clerk, a dealer shall retain any	44503
discount to which the dealer is entitled under section 5739.12 of	44504
the Revised Code.	44505

For receiving and disbursing such taxes paid to the clerk by	44506
a resident of the clerk's county, the clerk may retain a poundage	44507
fee of one and one one-hundredth per cent, and the clerk shall pay	44508
the poundage fee into the certificate of title administration fund	44509
created by section 325.33 of the Revised Code. The clerk shall not	44510
retain a poundage fee from payments of taxes by persons who do not	44511
reside in the clerk's county.	44512

A clerk, however, may retain from the taxes paid to the clerk	44513
an amount equal to the poundage fees associated with certificates	44514
of title issued by other clerks of courts of common pleas to	44515
applicants who reside in the first clerk's county. The registrar,	44516
in consultation with the tax commissioner and the clerks of the	44517
courts of common pleas, shall develop a report from the automated	44518
title processing system that informs each clerk of the amount of	44519
the poundage fees that the clerk is permitted to retain from those	44520
taxes because of certificates of title issued by the clerks of	44521
other counties to applicants who reside in the first clerk's	44522
county.	44523

In the case of casual sales of motor vehicles, as defined in	44524
section 4517.01 of the Revised Code, the price for the purpose of	44525
determining the tax shall be the purchase price on the assigned	44526
certificate of title executed by the seller and filed with the	44527
clerk by the buyer on a form to be prescribed by the registrar,	44528
which shall be prima-facie evidence of the amount for the	44529
determination of the tax.	44530

(C)(1) If the transferor indicates on the certificate of	44531
title that the odometer reflects mileage in excess of the designed	44532
mechanical limit of the odometer, the clerk shall enter the phrase	44533
"exceeds mechanical limits" following the mileage designation. If	44534
the transferor indicates on the certificate of title that the	44535
odometer reading is not the actual mileage, the clerk shall enter	44536
the phrase "nonactual: warning - odometer discrepancy" following	44537
the mileage designation. The clerk shall use reasonable care in	44538
transferring the information supplied by the transferor, but is	44539
not liable for any errors or omissions of the clerk or those of	44540
the clerk's deputies in the performance of the clerk's duties	44541
created by this chapter.	44542

The registrar shall prescribe an affidavit in which the	44543
transferor shall swear to the true selling price and, except as	44544
provided in this division, the true odometer reading of the motor	44545
vehicle. The registrar may prescribe an affidavit in which the	44546
seller and buyer provide information pertaining to the odometer	44547
reading of the motor vehicle in addition to that required by this	44548
section, as such information may be required by the United States	44549
secretary of transportation by rule prescribed under authority of	44550
subchapter IV of the "Motor Vehicle Information and Cost Savings	44551
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	44552

(2) Division (C)(1) of this section does not require the	44553
giving of information concerning the odometer and odometer reading	44554
of a motor vehicle when ownership of a motor vehicle is being	44555
transferred as a result of a bequest, under the laws of intestate	44556
succession, to a survivor pursuant to section 2106.18, 2131.12, or	44557
4505.10 of the Revised Code, to a transfer-on-death beneficiary or	44558
beneficiaries pursuant to section 2131.13 of the ReviseedRevised	44559
Code, or in connection with the creation of a security interest.	44560

(D) When the transfer to the applicant was made in some other	44561
state or in interstate commerce, the clerk, except as provided in	44562
this section, shall refuse to issue any certificate of title	44563
unless the tax imposed by or pursuant to Chapter 5741. of the	44564
Revised Code based on the purchaser's county of residence has been	44565
paid as evidenced by a receipt issued by the tax commissioner, or	44566
unless the applicant submits with the application payment of the	44567
tax. Upon payment of the tax in accordance with division (E) of	44568
this section, the clerk shall issue a receipt prescribed by the	44569
registrar and agreed upon by the tax commissioner, showing payment	44570
of the tax.	44571

For receiving and disbursing such taxes paid to the clerk by	44572
a resident of the clerk's county, the clerk may retain a poundage	44573
fee of one and one one-hundredth per cent. The clerk shall not	44574
retain a poundage fee from payments of taxes by persons who do not	44575
reside in the clerk's county.	44576

A clerk, however, may retain from the taxes paid to the clerk	44577
an amount equal to the poundage fees associated with certificates	44578
of title issued by other clerks of courts of common pleas to	44579
applicants who reside in the first clerk's county. The registrar,	44580
in consultation with the tax commissioner and the clerks of the	44581
courts of common pleas, shall develop a report from the automated	44582
title processing system that informs each clerk of the amount of	44583
the poundage fees that the clerk is permitted to retain from those	44584
taxes because of certificates of title issued by the clerks of	44585
other counties to applicants who reside in the first clerk's	44586
county.	44587

When the vendor is not regularly engaged in the business of	44588
selling motor vehicles, the vendor shall not be required to	44589
purchase a vendor's license or make reports concerning those	44590
sales.	44591

(E) The clerk shall accept any payment of a tax in cash, or	44592
by cashier's check, certified check, draft, money order, or teller	44593
check issued by any insured financial institution payable to the	44594
clerk and submitted with an application for a certificate of title	44595
under division (B) or (D) of this section. The clerk also may	44596
accept payment of the tax by corporate, business, or personal	44597
check, credit card, electronic transfer or wire transfer, debit	44598
card, or any other accepted form of payment made payable to the	44599
clerk. The clerk may require bonds, guarantees, or letters of	44600
credit to ensure the collection of corporate, business, or	44601
personal checks. Any service fee charged by a third party to a	44602
clerk for the use of any form of payment may be paid by the clerk	44603
from the certificate of title administration fund created in	44604
section 325.33 of the Revised Code, or may be assessed by the	44605
clerk upon the applicant as an additional fee. Upon collection,	44606
the additional fees shall be paid by the clerk into that	44607
certificate of title administration fund.	44608

The clerk shall make a good faith effort to collect any	44609
payment of taxes due but not made because the payment was returned	44610
or dishonored, but the clerk is not personally liable for the	44611
payment of uncollected taxes or uncollected fees. The clerk shall	44612
notify the tax commissioner of any such payment of taxes that is	44613
due but not made and shall furnish the information to the	44614
commissioner that the commissioner requires. The clerk shall	44615
deduct the amount of taxes due but not paid from the clerk's	44616
periodic remittance of tax payments, in accordance with procedures	44617
agreed upon by the tax commissioner. The commissioner may collect	44618
taxes due by assessment in the manner provided in section 5739.13	44619
of the Revised Code.	44620

Any person who presents payment that is returned or	44621
dishonored for any reason is liable to the clerk for payment of a	44622
penalty over and above the amount of the taxes due. The clerk	44623
shall determine the amount of the penalty, and the penalty shall	44624
be no greater than that amount necessary to compensate the clerk	44625
for banking charges, legal fees, or other expenses incurred by the	44626
clerk in collecting the returned or dishonored payment. The	44627
remedies and procedures provided in this section are in addition	44628
to any other available civil or criminal remedies. Subsequently	44629
collected penalties, poundage fees, and title fees, less any title	44630
fee due the state, from returned or dishonored payments collected	44631
by the clerk shall be paid into the certificate of title	44632
administration fund. Subsequently collected taxes, less poundage	44633
fees, shall be sent by the clerk to the treasurer of state at the	44634
next scheduled periodic remittance of tax payments, with	44635
information as the commissioner may require. The clerk may abate	44636
all or any part of any penalty assessed under this division.	44637

(F) In the following cases, the clerk shall accept for filing	44638
an application and shall issue a certificate of title without	44639
requiring payment or evidence of payment of the tax:	44640

(1) When the purchaser is this state or any of its political	44641
subdivisions, a church, or an organization whose purchases are	44642
exempted by section 5739.02 of the Revised Code;	44643

(2) When the transaction in this state is not a retail sale	44644
as defined by section 5739.01 of the Revised Code;	44645

(3) When the purchase is outside this state or in interstate	44646
commerce and the purpose of the purchaser is not to use, store, or	44647
consume within the meaning of section 5741.01 of the Revised Code;	44648

(4) When the purchaser is the federal government;

44649

(5) When the motor vehicle was purchased outside this state	44650
for use outside this state;	44651

(6) When the motor vehicle is purchased by a nonresident of	44652
this state for immediate removal from this state, and will be	44653
permanently titled and registered in another state, as provided by	44654
division (B)(23) of section 5739.02 of the Revised Code, and upon	44655
presentation of a copy of the affidavit provided by that section,	44656
and a copy of the exemption certificate provided by section	44657
5739.03 of the Revised Code.	44658

The clerk shall forward all payments of taxes, less poundage	44659
fees, to the treasurer of state in a manner to be prescribed by	44660
the tax commissioner and shall furnish information to the	44661
commissioner as the commissioner requires.	44662

(G) An application, as prescribed by the registrar and agreed	44663
to by the tax commissioner, shall be filled out and sworn to by	44664
the buyer of a motor vehicle in a casual sale. The application	44665
shall contain the following notice in bold lettering: "WARNING TO	44666
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	44667
law to state the true selling price. A false statement is in	44668
violation of section 2921.13 of the Revised Code and is punishable	44669
by six months' imprisonment or a fine of up to one thousand	44670
dollars, or both. All transfers are audited by the department of	44671
taxation. The seller and buyer must provide any information	44672
requested by the department of taxation. The buyer may be assessed	44673
any additional tax found to be due."	44674

(H) For sales of manufactured homes or mobile homes occurring	44675
on or after January 1, 2000, the clerk shall accept for filing,	44676
pursuant to Chapter 5739. of the Revised Code, an application for	44677
a certificate of title for a manufactured home or mobile home	44678
without requiring payment of any tax pursuant to section 5739.02,	44679
5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt	44680
issued by the tax commissioner showing payment of the tax. For	44681
sales of manufactured homes or mobile homes occurring on or after	44682
January 1, 2000, the applicant shall pay to the clerk an	44683
additional fee of five dollars for each certificate of title	44684
issued by the clerk for a manufactured or mobile home pursuant to	44685
division (H) of section 4505.11 of the Revised Code and for each	44686
certificate of title issued upon transfer of ownership of the	44687
home. The clerk shall credit the fee to the county certificate of	44688
title administration fund, and the fee shall be used to pay the	44689
expenses of archiving those certificates pursuant to division (A)	44690
of section 4505.08 and division (H)(3) of section 4505.11 of the	44691
Revised Code. The tax commissioner shall administer any tax on a	44692
manufactured or mobile home pursuant to Chapters 5739. and 5741.	44693
of the Revised Code.	44694

(I) Every clerk shall have the capability to transact by	44695
electronic means all procedures and transactions relating to the	44696
issuance of motor vehicle certificates of title that are described	44697
in the Revised Code as being accomplished by electronic means.	44698

Sec. 4506.14.  (A) Commercial driver's licenses shall expire	44699
as follows:	44700

(1) Except as provided in division (A)(3) of this section,	44701
each such license issued to replace an operator's or chauffeur's	44702
license shall expire on the original expiration date of the	44703
operator's or chauffeur's license and, upon renewal, shall expire	44704
on the licensee's birthday in the fourth year after the date of	44705
issuance.	44706

(2) Except as provided in division (A)(3) of this section,	44707
each such license issued as an original license to a person whose	44708
residence is in this state shall expire on the licensee's birthday	44709
in the fourth year after the date of issuance, and each such	44710
license issued to a person whose temporary residence is in this	44711
state shall expire in accordance with rules adopted by the	44712
registrar of motor vehicles. A license issued to a person with a	44713
temporary residence in this state is nonrenewable, but may be	44714
replaced with a new license within ninety days prior to its	44715
expiration upon the applicant's compliance with all applicable	44716
requirements.	44717

(3) Each such license issued to replace the operator's or	44718
chauffeur's license of a person who is less than twenty-one years	44719
of age, and each such license issued as an original license to a	44720
person who is less than twenty-one years of age, shall expire on	44721
the licensee's twenty-first birthday.	44722

(B) No commercial driver's license shall be issued for a	44723
period longer than four years and ninety days. Except as provided	44724
in section 4507.12 of the Revised Code, the registrar may waive	44725
the examination of any person applying for the renewal of a	44726
commercial driver's license issued under this chapter, provided	44727
that the applicant presents either an unexpired commercial	44728
driver's license or a commercial driver's license that has expired	44729
not more than six months prior to the date of application.	44730

(C) Subject to the requirements of this chapter and except as	44731
provided in division (A)(2) of this section in regard to a person	44732
whose temporary residence is in this state, every commercial	44733
driver's license shall be renewable ninety days before its	44734
expiration upon payment of the fees required by section 4506.08 of	44735
the Revised Code. Each person applying for renewal of a commercial	44736
driver's license shall complete the application form prescribed by	44737
section 4506.07 of the Revised Code and shall provide all	44738
certifications required. If the person wishes to retain an	44739
endorsement authorizing the person to transport hazardous	44740
materials, the person shall take and successfully complete the	44741
written test for the endorsement and shall submit to any	44742
background check required by federal law.	44743

(D) Each person licensed as a driver under this chapter shall	44744
notify the registrar of any change in the person's address within	44745
ten days following that change. The notification shall be in	44746
writing on a form provided by the registrar and shall include the	44747
full name, date of birth, license number, county of residence,	44748
social security number, and new address of the person.	44749

Sec. 4506.15.  No person shall do any of the following:

44750

(A) Drive a commercial motor vehicle while having a	44751
measurable or detectable amount of alcohol or of a controlled	44752
substance in histhe person's blood, breath, or urine;	44753

(B) Drive a commercial motor vehicle while having an alcohol	44754
concentration of four-hundredths of one per cent or more;	44755

(C) Drive a commercial motor vehicle while under the	44756
influence of a controlled substance;	44757

(D) Knowingly leave the scene of an accident involving a	44758
commercial motor vehicle driven by the person;	44759

(E) Use a commercial motor vehicle in the commission of a	44760
felony;	44761

(F) Refuse to submit to a test under section 4506.17 of the	44762
Revised Code;	44763

(G) Violate an out-of-service order issued under this	44764
chapter;	44765

(H) Violate any prohibition described in divisions (B) to (G)	44766
of this section while transporting hazardous materials;	44767

(I) Use a commercial motor vehicle in the commission of a	44768
felony involving the manufacture, distribution, or dispensing of a	44769
controlled substance as defined in section 3719.01 of the Revised	44770
Code;	44771

(J) Drive a commercial motor vehicle in violation of any	44772
provision of sections 4511.61 to 4511.63 of the Revised Code or	44773
any federal or local law or ordinance pertaining to	44774
railroad-highway grade crossings.	44775

Sec. 4506.16.  (A) Whoever violates division (A) of section	44776
4506.15 of the Revised Code or a similar law of another state or a	44777
foreign jurisdiction, immediately shall be placed out-of-service	44778
for twenty-four hours, in addition to any disqualification	44779
required by this section and any other penalty imposed by the	44780
Revised Code.	44781

(B) The registrar of motor vehicles shall disqualify any	44782
person from operating a commercial motor vehicle as follows:	44783

(1) Upon a first conviction for a violation of divisions (B)	44784
to (G) of section 4506.15 of the Revised Code or a similar law of	44785
another state or a foreign jurisdiction, one year, in addition to	44786
any other penalty imposed by the Revised Code;	44787

(2) Upon a first conviction for a violation of division (H)	44788
of section 4506.15 of the Revised Code or a similar law of another	44789
state or a foreign jurisdiction, three years, in addition to any	44790
other penalty imposed by the Revised Code;	44791

(3) Uponand upon a second conviction for a violation of	44792
divisions (B) to (G) of section 4506.15 of the Revised Code or a	44793
similar law of another state or a foreign jurisdiction, or any	44794
combination of such violations arising from two or more separate	44795
incidents, the person shall be disqualified for life or for any	44796
other period of time as determined by the United States secretary	44797
of transportation and designated by the director of public safety	44798
by rule, in addition to any other penalty imposed by the Revised	44799
Code;	44800

(4)(2) Upon a first conviction for a violation of division	44801
(H) of section 4506.15 of the Revised Code or a similar law of	44802
another state or a foreign jurisdiction, three years;	44803

(3) Upon conviction of a violation of division (E)(I) of	44804
section 4506.15 of the Revised Code or a similar law of another	44805
state or a foreign jurisdiction in connection with the	44806
manufacture, distribution, or dispensing of a controlled substance	44807
or the possession with intent to manufacture, distribute, or	44808
dispense a controlled substance, the person shall be disqualified	44809
for life, in addition to any other penalty imposed by the Revised	44810
Code;	44811

(4) Upon a first conviction for a violation of division (J)	44812
of section 4506.15 of the Revised Code or a similar law of another	44813
state or a foreign jurisdiction, occurring in a three-year period,	44814
the person shall be disqualified for not less than sixty days,	44815
upon a second conviction occurring in the three-year period, the	44816
person shall be disqualified for not less than one hundred twenty	44817
days, and upon a subsequent conviction occurring within a	44818
three-year period, the person shall be disqualified for not less	44819
than one year;	44820

(5) Upon conviction of two serious traffic violations	44821
involving the operation of a commercial motor vehicle by the	44822
person and arising from separate incidents occurring in a	44823
three-year period, the person shall be disqualified for sixty	44824
days, in addition to any other penalty imposed by the Revised	44825
Code;	44826

(6) Upon conviction of three serious traffic violations	44827
involving the operation of a commercial motor vehicle by the	44828
person and arising from separate incidents occurring in a	44829
three-year period, the person shall be disqualified for one	44830
hundred twenty days, in addition to any other penalty imposed by	44831
the Revised Code.	44832

(C) For the purposes of this section, conviction of a	44833
violation for which disqualification is required may be evidenced	44834
by any of the following:	44835

(1) A judgment entry of a court of competent jurisdiction in	44836
this or any other state;	44837

(2) An administrative order of a state agency of this or any	44838
other state having statutory jurisdiction over commercial drivers;	44839

(3) A computer record obtained from or through the commercial	44840
driver's license information system;	44841

(4) A computer record obtained from or through a state agency	44842
of this or any other state having statutory jurisdiction over	44843
commercial drivers or the records of commercial drivers.	44844

(D) Any record described in division (C) of this section	44845
shall be deemed to be self-authenticating when it is received by	44846
the bureau of motor vehicles.	44847

(E) When disqualifying a driver, the registrar shall cause	44848
the records of the bureau to be updated to reflect that action	44849
within ten days after it occurs.	44850

(F) The registrar immediately shall notify a driver who is	44851
finally convicted of any offense described in section 4506.15 of	44852
the Revised Code or division (B)(3), (4), (5), or (6) of this	44853
section and thereby is subject to disqualification, of the offense	44854
or offenses involved, of the length of time for which	44855
disqualification is to be imposed, and that the driver may request	44856
a hearing within thirty days of the mailing of the notice to show	44857
cause why the driver should not be disqualified from operating a	44858
commercial motor vehicle. If a request for such a hearing is not	44859
made within thirty days of the mailing of the notice, the order of	44860
disqualification is final. The registrar may designate hearing	44861
examiners who, after affording all parties reasonable notice,	44862
shall conduct a hearing to determine whether the disqualification	44863
order is supported by reliable evidence. The registrar shall adopt	44864
rules to implement this division.	44865

(G) Any person who is disqualified from operating a	44866
commercial motor vehicle under this section may apply to the	44867
registrar for a driver's license to operate a motor vehicle other	44868
than a commercial motor vehicle, provided the person's commercial	44869
driver's license is not otherwise suspended or revoked. A person	44870
whose commercial driver's license is suspended or revoked shall	44871
not apply to the registrar for or receive a driver's license under	44872
Chapter 4507. of the Revised Code during the period of suspension	44873
or revocation.	44874

(H) The disqualifications imposed under this section are in	44875
addition to any other penalty imposed by the Revised Code.	44876

Sec. 4506.20.  (A) Each employer shall require every	44877
applicant for employment as a driver of a commercial motor vehicle	44878
to provide the information specified in section 4506.20 of the	44879
Revised Code.	44880

(B) No employer shall knowingly permit or authorize any	44881
driver employed by himthe employer to drive a commercial motor	44882
vehicle during any period in which any of the following apply:	44883

(1) The driver's commercial driver's license is suspended,	44884
revoked, or canceled by any state or a foreign jurisdiction;	44885

(2) The driver has lost histhe privilege to drive, or	44886
currently is disqualified from driving, a commercial motor vehicle	44887
in any state or foreign jurisdiction;	44888

(3) The driver is subject to an out-of-service order in any	44889
state or foreign jurisdiction;	44890

(4) The driver has more than one driver's license.

44891

(C) No employer shall knowingly permit or authorize a driver	44892
to operate a commercial motor vehicle in violation of section	44893
4506.15 of the Revised Code.	44894

(D) Whoever violates division (C) of this section may be	44895
assessed a fine not to exceed ten thousand dollars.	44896

Sec. 4506.24.  (A) A restricted commercial driver's license	44897
and waiver for farm-related service industries may be issued by	44898
the registrar of motor vehicles to allow a person to operate a	44899
commercial motor vehicle during seasonal periods determined by the	44900
registrar and subject to the restrictions set forth in this	44901
section.	44902

(B) Upon receiving an application for a restricted commercial	44903
driver's license under section 4506.07 of the Revised Code and	44904
payment of a fee as provided in section 4506.08 of the Revised	44905
Code, the registrar may issue such license to any person who meets	44906
all of the following requirements:	44907

(1) Has at least one year of driving experience in any type	44908
of vehicle;	44909

(2) Holds a valid driver's license, other than a restricted	44910
license, issued under Chapter 4507. of the Revised Code;	44911

(3) Certifies that during the one-yeartwo-year period	44912
immediately preceding application, all of the following apply:	44913

(a) The person has not had more than one license;

44914

(b) The person has not had any license suspended, revoked, or	44915
canceled;	44916

(c) The person has not had any convictions for any type of	44917
motor vehicle for the offenses for which disqualification is	44918
prescribed in section 4506.16 of the Revised Code;	44919

(d) The person has not had any violation of a state or local	44920
law relating to motor vehicle traffic control other than a parking	44921
violation arising in connection with any traffic accident and has	44922
no record of an accident in which the person was at fault.	44923

(4) Certifies and also provides evidence that the person is	44924
employed in one or more of the following farm-related service	44925
industries requiring the person to operate a commercial motor	44926
vehicle:	44927

(a) Custom harvesters;

44928

(b) Farm retail outlets and suppliers;

44929

(c) Agri-chemical business;

44930

(d) Livestock feeders.

44931

(C) An annual waiver for farm-related service industries may	44932
be issued to authorize the holder of a restricted commercial	44933
driver's license to operate a commercial motor vehicle during	44934
seasonal periods designated by the registrar. The registrar shall	44935
determine the format of the waiver. The total number of days that	44936
a person may operate a commercial motor vehicle pursuant to a	44937
waiver for farm-related service industries shall not exceed one	44938
hundred eighty days in any twelve-month period. Each time the	44939
holder of a restricted commercial driver's license applies for a	44940
waiver for farm-related service industries, the registrar shall	44941
verify that the person meets all of the requirements set forth in	44942
division (B) of this section. The restricted commercial driver's	44943
license and waiver shall be carried at all times when a commercial	44944
motor vehicle is being operated by the holder of the license and	44945
waiver.	44946

(D) The holder of a restricted commercial driver's license	44947
and valid waiver for farm-related service industries may operate a	44948
class B or C commercial motor vehicle subject to all of the	44949
following restrictions:	44950

(1) The commercial motor vehicle is operated within a	44951
distance of no more than one hundred fifty miles of the employer's	44952
place of business or the farm currently being served;	44953

(2) The operation of the commercial motor vehicle does not	44954
involve transporting hazardous materials for which placarding is	44955
required, except as follows:	44956

(a) Diesel fuel in quantities of one thousand gallons or	44957
less;	44958

(b) Liquid fertilizers in vehicles or implements of husbandry	44959
with total capacities of three thousand gallons or less;	44960

(c) Solid fertilizers that are not transported with any	44961
organic substance.	44962

(E) Except as otherwise provided in this section an applicant	44963
for or holder of a restricted commercial driver's license and	44964
waiver for farm-related service industries is subject to the	44965
provisions of this chapter. Divisions (A)(4) and (B)(1) of section	44966
4506.07 and sections 4506.09 and 4506.10 of the Revised Code do	44967
not apply to an applicant for a restricted commercial driver's	44968
license and waiver.	44969

Sec. 4508.08.  There is hereby created in the department of	44970
public safety the motorcycle safety and education program. The	44971
director of public safety shall administer the program in	44972
accordance with the following guidelines:	44973

(A) The program shall include courses of instruction	44974
conducted at vocational schools, community colleges, or other	44975
suitable locations, by instructors who have obtained certification	44976
in the manner and form prescribed by the director. The courses	44977
shall meet standards established in rules adopted by the	44978
motorcycle safety foundation for courses of instructiondepartment	44979
in motorcycle safety and educationaccordance with Chapter 119. of	44980
the Revised Code. The courses may include instruction for novice	44981
motorcycle operators, instruction in motorist awareness and	44982
alcohol and drug awareness, and any other kind of instruction the	44983
director considers appropriate. A reasonable tuition fee of not	44984
more than twenty-five dollars per student, as determined by the	44985
director, may be charged for each course if sufficient funds are	44986
not available in. The director may authorize private organizations	44987
or corporations to offer courses without tuition fee restrictions,	44988
but such entities are not eligible for reimbursement of expenses	44989
or subsidies from the motorcycle safety and education fund created	44990
in section 4501.13 of the Revised Code to pay all of the costs of	44991
conducting the motorcycle safety and education program.	44992

(B) In addition to courses of instruction, the program may	44993
include provisions for equipment purchases, marketing and	44994
promotion, improving motorcycle license testing procedures, and	44995
any other provisions the director considers appropriate.	44996

(C) The director shall evaluate the program every two years	44997
and shall periodically inspect the facilities, equipment, and	44998
procedures used in the courses of instruction.	44999

(D) The director shall appoint at least one training	45000
specialist who shall oversee the operation of the program,	45001
establish courses of instruction, and supervise instructors. The	45002
training specialist shall be a licensed motorcycle operator and	45003
shall obtain certification in the manner and form prescribed by	45004
the director.	45005

(E) The director may contract with other public agencies or	45006
with private organizations or corporations to assist in	45007
administering the program.	45008

(F) Notwithstanding any provision of Chapter 102. of the	45009
Revised Code, the director, in order to administer the program,	45010
may participate in a motorcycle manufacturer's motorcycle loan	45011
program.	45012

(G) The director shall contract with an insurance company or	45013
companies authorized to do business in this state to purchase a	45014
policy or policies of insurance with respect to the establishment	45015
or administration, or any other aspect of the operation of the	45016
program.	45017

Sec. 4509.60.  Upon acceptance of a bond with individual	45018
sureties, the registrar of motor vehicles shall forward to the	45019
county recorder of the county in which the sureties' real estate	45020
is located a notice of such deposit and pay the recorder a base	45021
fee of five dollars for filing and indexing the notice and a	45022
housing trust fund fee of five dollars pursuant to section 317.36	45023
of the Revised Code. The recorder shall receive and file such	45024
notice and keep and index the same. Such bond shall constitute a	45025
lien in favor of the state upon the real estate so scheduled or	45026
any surety, and the lien shall exist in favor of any holder of a	45027
final judgment against the person who has filed the bond, for	45028
damages, including damages for care and loss of services, because	45029
of bodily injury to or death of any person, or for damage because	45030
of injury to property, including the loss of use thereof,	45031
resulting from the ownership, maintenance, or use of a motor	45032
vehicle after such bond was filed, upon the filing of notice to	45033
that effect by the registrar with the county recorder as provided	45034
in this section.	45035

Sec. 4511.198. If the United States congress repeals the	45036
mandate established by Title III, Section 351 of the "Department	45037
of Transportation Appropriations Act of 2000," Public Law 106-346,	45038
114 Stat. 1356, requiring the secretary of transportation,	45039
beginning in fiscal year 2004, to withhold a percentage of a	45040
state's federal-aid highway money if that state has not enacted	45041
and is not enforcing a law that provides that any person with a	45042
blood alcohol concentration of eight-hundredths of one per cent or	45043
greater while operating a motor vehicle in the state is deemed to	45044
have committed a per se offense of driving while intoxicated or an	45045
equivalent per se offense, or if a federal court with jurisdiction	45046
over the entirety of this state declares the mandate to be	45047
unconstitutional or otherwise invalid, then, in lieu of the	45048
prohibited alcohol concentrations specified in sections 1547.11,	45049
4511.19, 4511.191, and 4511.197 of the Revised Code, the	45050
prohibited concentrations shall be as follows:	45051

(A) The prohibited alcohol concentration in a person's whole	45052
blood is ten-hundredths of one per cent by weight of alcohol per	45053
unit volume.	45054

(B) The prohibited alcohol concentration in a person's breath	45055
is ten-hundredths of one gram by weight of alcohol per two hundred	45056
ten liters of breath.	45057

(C) The prohibited alcohol concentration in a person's blood	45058
serum or plasma is twelve-hundredths of one per cent by weight per	45059
unit volume.	45060

(D) The prohibited alcohol concentration in a person's urine	45061
is fourteen-hundredths of one gram by weight of alcohol per one	45062
hundred milliliters of urine.	45063

Sec. 4511.33.  Whenever any roadway has been divided into two	45064
or more clearly marked lanes for traffic, or wherever within	45065
municipal corporations traffic is lawfully moving in two or more	45066
substantially continuous lines in the same direction, the	45067
following rules apply:	45068

(A) A vehicle or trackless trolley shall be driven, as nearly	45069
as is practicable, entirely within a single lane or line of	45070
traffic and shall not be moved from such lane or line until the	45071
driver has first ascertained that such movement can be made with	45072
safety.	45073

(B) Upon a roadway which is divided into three lanes and	45074
provides for two-way movement of traffic, a vehicle or trackless	45075
trolley shall not be driven in the center lane except when	45076
overtaking and passing another vehicle or trackless trolley where	45077
the roadway is clearly visible and such center lane is clear of	45078
traffic within a safe distance, or when preparing for a left turn,	45079
or where such center lane is at the time allocated exclusively to	45080
traffic moving in the direction the vehicle or trackless trolley	45081
is proceeding and is posted with signs to give notice of such	45082
allocation.	45083

(C) Official signs may be erected directing specified traffic	45084
to use a designated lane or designating those lanes to be used by	45085
traffic moving in a particular direction regardless of the center	45086
of the roadway, or restricting the use of a particular lane to	45087
only buses during certain hours or during all hours, and drivers	45088
of vehicles and trackless trolleys shall obey the directions of	45089
such signs.	45090

(D) Official traffic control devices may be installed	45091
prohibiting the changing of lanes on sections of roadway and	45092
drivers of vehicles shall obey the directions of every such	45093
device.	45094

Sec. 4511.62.  (A)(1) Whenever any person driving a vehicle	45095
or trackless trolley approaches a railroad grade crossing, the	45096
person shall stop within fifty feet, but not less than fifteen	45097
feet from the nearest rail of the railroad if any of the following	45098
circumstances exist at the crossing:	45099

(a) A clearly visible electric or mechanical signal device	45100
gives warning of the immediate approach of a train.	45101

(b) A crossing gate is lowered.

45102

(c) A flagperson gives or continues to give a signal of the	45103
approach or passage of a train.	45104

(d) There is insufficient space on the other side of the	45105
railroad grade crossing to accommodate the vehicle or trackless	45106
trolley the person is operating without obstructing the passage of	45107
other vehicles, trackless trolleys, pedestrians, or railroad	45108
trains, notwithstanding any traffic control signal indication to	45109
proceed.	45110

(e) An approaching train is emitting an audible signal or is	45111
plainly visible and is in hazardous proximity to the crossing.	45112

(f) There is insufficient undercarriage clearance to safely	45113
negotiate the crossing.	45114

(2) A person who is driving a vehicle or trackless trolley	45115
and who approaches a railroad grade crossing shall not proceed as	45116
long as any of the circumstances described in divisions (A)(1)(a)	45117
to (e)(f) of this section exist at the crossing.	45118

(B) No person shall drive any vehicle through, around, or	45119
under any crossing gate or barrier at a railroad crossing while	45120
the gate or barrier is closed or is being opened or closed unless	45121
the person is signaled by a law enforcement officer or flagperson	45122
that it is permissible to do so.	45123

Sec. 4511.63.  (A) The operator of any motor vehicle or	45124
trackless trolley, carrying passengers, for hire, of any school	45125
bus, any vehicle described in division (C) of this section, or of	45126
any vehicle carrying explosives or flammable liquids as a cargo or	45127
as such part of a cargo astransporting material required to	45128
constitute a hazardbe placarded under 49 CFR Parts 100-185,	45129
before crossing at grade any track of a railroad, shall stop the	45130
vehicle or trackless trolley and, while so stopped, shall listen	45131
through an open door or open window and look in both directions	45132
along the track for any approaching train, and for signals	45133
indicating the approach of a train, and shall proceed only upon	45134
exercising due care after stopping, looking, and listening as	45135
required by this section. Upon proceeding, the operator of such a	45136
vehicle shall cross only in a gear that will ensure there will be	45137
no necessity for changing gears while traversing the crossing and	45138
shall not shift gears while crossing the tracks.	45139

(B) This section does not apply at any of the following:

45140

(1) Streetstreet railway grade crossings within a municipal	45141
corporation, or to abandoned tracks, spur tracks, side tracks, and	45142
industrial tracks when the public utilities commission has	45143
authorized and approved the crossing of the tracks without making	45144
the stop required by this section;	45145

(2) Through June 30, 1995, a street railway grade crossing	45146
where out-of-service signs are posted in accordance with section	45147
4955.37 of the Revised Code.	45148

(C) This section applies to any vehicle used for the	45149
transportation of pupils to and from a school or school-related	45150
function if the vehicle is owned or operated by, or operated under	45151
contract with, a public or nonpublic school.	45152

(D) For purposes of this section, "bus" means any vehicle	45153
originally designed by its manufacturer to transport sixteen or	45154
more passengers, including the driver, or carries sixteen or more	45155
passengers, including the driver.	45156

Sec. 4519.55.  Application for a certificate of title for an	45157
off-highway motorcycle or all-purpose vehicle shall be made upon a	45158
form prescribed by the registrar of motor vehicles and shall be	45159
sworn to before a notary public or other officer empowered to	45160
administer oaths. The application shall be filed with the clerk of	45161
any court of common pleas. An application for a certificate of	45162
title may be filed electronically by any electronic means approved	45163
by the registrar in any county with the clerk of the court of	45164
common pleas of that county.	45165

If an application for a certificate of title is filed	45166
electronically by an electronic dealer on behalf of the purchaser	45167
of an off-highway motorcycle or all-purpose vehicle, the clerk	45168
shall retain the completed electronic record to which the dealer	45169
converted the certificate of title application and other required	45170
documents. The electronic dealer shall forwardretain the actual	45171
original title application and all other documents relating to the	45172
sale of the off-highway motorcycle or all-purpose vehicle to any	45173
clerk within thirty days after the certificate of title is issued.	45174
The registrar, after consultation with the attorney general, shall	45175
adopt rules that govern the location at which, and the manner in	45176
which, are stored the actual application and all other documents	45177
relating to the sale of an off-highway motorcycle or all-purpose	45178
vehicle when an electronic dealer files the application for a	45179
certificate of title electronically on behalf of the purchaserfor	45180
a period of time determined by the registrar and shall make all of	45181
the documents available for inspection by the registrar upon the	45182
registrar's request. The registrar shall make the original	45183
application documents available to the attorney general upon the	45184
request of the attorney general.	45185

The application shall be accompanied by the fee prescribed in	45186
section 4519.59 of the Revised Code. The fee shall be retained by	45187
the clerk who issues the certificate of title and shall be	45188
distributed in accordance with that section. If a clerk of a court	45189
of common pleas, other than the clerk of the court of common pleas	45190
of an applicant's county of residence, issues a certificate of	45191
title to the applicant, the clerk shall transmit data related to	45192
the transaction to the automated title processing system.	45193

If a certificate of title previously has been issued for an	45194
off-highway motorcycle or all-purpose vehicle, the application	45195
also shall be accompanied by the certificate of title duly	45196
assigned, unless otherwise provided in this chapter. If a	45197
certificate of title previously has not been issued for the	45198
off-highway motorcycle or all-purpose vehicle, the application,	45199
unless otherwise provided in this chapter, shall be accompanied by	45200
a manufacturer's or importer's certificate; by a sworn statement	45201
of ownership; or by a certificate of title, bill of sale, or other	45202
evidence of ownership required by law of another state from which	45203
the off-highway motorcycle or all-purpose vehicle was brought into	45204
this state. The registrar, in accordance with Chapter 119. of the	45205
Revised Code, shall prescribe the types of additional	45206
documentation sufficient to establish proof of ownership,	45207
including, but not limited to, receipts from the purchase of parts	45208
or components, photographs, and affidavits of other persons.	45209

For purposes of the transfer of a certificate of title, if	45210
the clerk is satisfied that a secured party has duly discharged a	45211
lien notation but has not canceled the lien notation with a clerk,	45212
the clerk may cancel the lien notation on the automated title	45213
processing system and notify the clerk of the county of origin.	45214

In the case of the sale of an off-highway motorcycle or	45215
all-purpose vehicle by a dealer to a general purchaser or user,	45216
the certificate of title shall be obtained in the name of the	45217
purchaser by the dealer upon application signed by the purchaser.	45218
In all other cases, the certificate shall be obtained by the	45219
purchaser. In all cases of transfer of an off-highway motorcycle	45220
or all-purpose vehicle, the application for certificate of title	45221
shall be filed within thirty days after the later of the date of	45222
purchase or assignment of ownership of the off-highway motorcycle	45223
or all-purpose vehicle. If the application for certificate of	45224
title is not filed within thirty days after the later of the date	45225
of purchase or assignment of ownership of the off-highway	45226
motorcycle or all-purpose vehicle, the clerk shall charge a late	45227
filing fee of five dollars in addition to the fee prescribed by	45228
section 4519.59 of the Revised Code. The clerk shall retain the	45229
entire amount of each late filing fee.	45230

Except in the case of an off-highway motorcycle or	45231
all-purpose vehicle purchased prior to July 1, 1999, the clerk	45232
shall refuse to accept an application for certificate of title	45233
unless the applicant either tenders with the application payment	45234
of all taxes levied by or pursuant to Chapter 5739. or 5741. of	45235
the Revised Code based on the purchaser's county of residence, or	45236
submits either of the following:	45237

(A) A receipt issued by the tax commissioner or a clerk of	45238
courts showing payment of the tax;	45239

(B) An exemption certificate, in any form prescribed by the	45240
tax commissioner, that specifies why the purchase is not subject	45241
to the tax imposed by Chapter 5739. or 5741. of the Revised Code.	45242

Payment of the tax shall be made in accordance with division	45243
(E) of section 4505.06 of the Revised Code and any rules issued by	45244
the tax commissioner. When a dealer submits payment of the tax to	45245
the clerk, the dealer shall retain any discount to which the	45246
dealer is entitled under section 5739.12 of the Revised Code. The	45247
clerk shall issue a receipt in the form prescribed by the tax	45248
commissioner to any applicant who tenders payment of the tax with	45249
the application for a certificate of title. If the application for	45250
a certificate of title is for an off-highway motorcycle or	45251
all-purpose vehicle purchased prior to July 1, 1999, the clerk	45252
shall accept the application without payment of the taxes levied	45253
by or pursuant to Chapter 5739. or 5741. of the Revised Code or	45254
presentation of either of the items listed in division (A) or (B)	45255
of this section.	45256

For receiving and disbursing such taxes paid to the clerk by	45257
a resident of the clerk's county, the clerk may retain a poundage	45258
fee of one and one-hundredth per cent of the taxes collected,	45259
which shall be paid into the certificate of title administration	45260
fund created by section 325.33 of the Revised Code. The clerk	45261
shall not retain a poundage fee from payments of taxes by persons	45262
who do not reside in the clerk's county.	45263

A clerk, however, may retain from the taxes paid to the clerk	45264
an amount equal to the poundage fees associated with certificates	45265
of title issued by other clerks of courts of common pleas to	45266
applicants who reside in the first clerk's county. The registrar,	45267
in consultation with the tax commissioner and the clerks of the	45268
courts of common pleas, shall develop a report from the automated	45269
title processing system that informs each clerk of the amount of	45270
the poundage fees that the clerk is permitted to retain from those	45271
taxes because of certificates of title issued by the clerks of	45272
other counties to applicants who reside in the first clerk's	45273
county.	45274

In the case of casual sales of off-highway motorcycles or	45275
all-purpose vehicles that are subject to the tax imposed by	45276
Chapter 5739. or 5741. of the Revised Code, the purchase price for	45277
the purpose of determining the tax shall be the purchase price on	45278
an affidavit executed and filed with the clerk by the seller on a	45279
form to be prescribed by the registrar, which shall be prima-facie	45280
evidence of the price for the determination of the tax.	45281

In addition to the information required by section 4519.57 of	45282
the Revised Code, each certificate of title shall contain in bold	45283
lettering the following notification and statements: "WARNING TO	45284
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	45285
law to state the true selling price. A false statement is in	45286
violation of section 2921.13 of the Revised Code and is punishable	45287
by six months imprisonment or a fine of up to one thousand	45288
dollars, or both. All transfers are audited by the department of	45289
taxation. The seller and buyer must provide any information	45290
requested by the department of taxation. The buyer may be assessed	45291
any additional tax found to be due."	45292

The clerk shall forward all payments of taxes, less poundage	45293
fees, to the treasurer of state in a manner to be prescribed by	45294
the tax commissioner and shall furnish information to the	45295
commissioner as the commissioner may require.	45296

Every clerk shall have the capability to transact by	45297
electronic means all procedures and transactions relating to the	45298
issuance of certificates of title for off-highway motorcycles and	45299
all-purpose vehicles that are described in the Revised Code as	45300
being accomplished by electronic means.	45301

Sec. 4707.071.  (A) On May 1, 1991, all persons licensed as	45302
auction companies under former section 4707.071 of the Revised	45303
Code shall comply with all provisions of this chapter that are	45304
applicable to auctioneers except as provided in divisions (B) and	45305
(C) of this section. Such persons, however, do not have to serve	45306
an apprenticeship or attend a course of study under section	45307
4707.09 of the Revised Code or submit to an examination under	45308
section 4707.08 of the Revised Code as long as they do not engage	45309
in the calling for, recognition of, and the acceptance of, offers	45310
for the purchase of personal property at auction and do not	45311
conduct auctions at any location other than the definite place of	45312
business required in section 4707.14 of the Revised Code.	45313

(B) The principal owner of each auction company whichthat is	45314
licensed as of May 1, 1991, who pays the annual renewal fee	45315
specified in division (A)(B) of section 4707.10 of the Revised	45316
Code during the first renewal period following May 1, 1991, shall	45317
be issued a special auctioneer's license, for the sale of personal	45318
property subject to division (A) of this section. Each principal	45319
owner shall apply for an annual license. In applying for an annual	45320
license, each person licensed as an auction company on May 1,	45321
1991, shall designate an individual as principal owner by	45322
submitting documentation substantiating that the individual is in	45323
fact the principal owner and shall identify a definite place of	45324
business as required in section 4707.14 of the Revised Code. A	45325
person licensed as an auctioneer shall not be entitled to a	45326
special auctioneer's license.	45327

(C) A special auctioneer's license issued under this section	45328
to the principal owner of a former auction company does not	45329
entitle the principal owner or former auction company to conduct	45330
auctions at any location other than the definite place of business	45331
required in section 4707.14 of the Revised Code. Notwithstanding	45332
section 4707.10 of the Revised Code, the department of agriculture	45333
shall not issue a new special auctioneer's license if the definite	45334
place of business identified by the licensee in the licensee's	45335
initial application for a special auctioneer license has changed	45336
or if the name under which the licensee is doing business has	45337
changed. No person other than an owner, officer, member, or agent	45338
of the former auction company who personally has passed the	45339
examination prescribed in section 4707.08 of the Revised Code and	45340
been licensed as an auctioneer shall engage in the calling for,	45341
recognition of, and the acceptance of, offers for the purchase of	45342
real or personal property, goods, or chattels at auction in	45343
connection with a former auction company that has been issued a	45344
special auctioneer's license.	45345

(D) A person licensed as a special auctioneer shall not	45346
engage in the sale of real property at auction.	45347

Sec. 4707.072. (A) For purposes of this section, the	45348
department of agriculture shall adopt rules in accordance with	45349
section 4707.19 of the Revised Code prescribing the fee that a	45350
license applicant must pay. Until those rules are adopted, a	45351
license applicant shall pay the fee established in this section.	45352

(B) The department of agriculture may grant one-auction	45353
licenses to any nonresident person deemed qualified by the	45354
department. Any person who applies for a one-auction license shall	45355
attest, on forms provided by the department, and furnish to the	45356
department, satisfactory proof that the license applicant or any	45357
auctioneer affiliated with the applicant meets the following	45358
requirements:	45359

(A)(1) Has a good reputation;

45360

(B)(2) Is of trustworthy character;

45361

(C)(3) Has attained the age of at least eighteen years;

45362

(D)(4) Has a general knowledge of the requirements of the	45363
Revised Code relative to auctioneers, the auction profession, and	45364
the principles involved in conducting an auction;	45365

(E)(5) Has two years of professional auctioneering experience	45366
immediately preceding the date of application and the experience	45367
includes the personal conduct by the applicant of at least twelve	45368
auction sales in any state, or has met the requirements of section	45369
4707.12 of the Revised Code;	45370

(F)(6) Has paid a fee of one hundred dollars, which shall be	45371
credited to the auctioneers fund;	45372

(G)(7) Has provided proof of financial responsibility as	45373
required under section 4707.11 of the Revised Codein the form of	45374
either an irrevocable letter of credit or a cash bond or a surety	45375
bond in the amount of fifty thousand dollars. If the applicant	45376
gives a surety bond, the bond shall be executed by a surety	45377
company authorized to do business in this state. A bond shall be	45378
made to the department and shall be conditioned that the applicant	45379
shall comply with this chapter and rules adopted under it,	45380
including refraining from conduct described in section 4707.15 of	45381
the Revised Code. All bonds shall be on a form approved by the	45382
director of agriculture.	45383

Sec. 4707.10.  (A) For purposes of this section, the	45384
department of agriculture shall adopt rules in accordance with	45385
section 4707.19 of the Revised Code prescribing fees that	45386
licensees must pay and license renewal deadlines and procedures	45387
with which licensees must comply. Until those rules are adopted,	45388
licensees shall pay the fees and comply with the license renewal	45389
deadlines and procedures established in this section.	45390

(B) The fee for each auctioneer's, apprentice auctioneer's,	45391
or special auctioneer's license issued by the department of	45392
agriculture is one hundred dollars, and the annual renewal fee for	45393
any such license is one hundred dollars. All licenses expire	45394
annually on the last day of June of each year and shall be renewed	45395
according to the standard renewal procedures of Chapter 4745. of	45396
the Revised Code, or the procedures of this section. Any licensee	45397
under this chapter who wishes to renew the licensee's license, but	45398
fails to do so before the first day of July shall reapply for	45399
licensure in the same manner and pursuant to the same requirements	45400
as for initial licensure, unless before the first day of September	45401
of the year of expiration, the former licensee pays to the	45402
department, in addition to the regular renewal fee, a late renewal	45403
penalty of one hundred dollars.	45404

(B)(C) Any person who fails to renew the person's license	45405
before the first day of July is prohibited from engaging in any	45406
activity specified or comprehended in section 4707.01 of the	45407
Revised Code until such time as the person's license is renewed or	45408
a new license is issued. Renewal of a license between the first	45409
day of July and the first day of September does not relieve any	45410
person from complying with this division. The department may	45411
refuse to renew the license of or issue a new license to any	45412
person who violates this division.	45413

(C)(D) The department shall prepare and deliver to each	45414
licensee a permanent license certificate and an annual renewal	45415
identification card, the appropriate portion of which shall be	45416
carried on the person of the licensee at all times when engaged in	45417
any type of auction activity, and part of which shall be posted	45418
with the permanent certificate in a conspicuous location at the	45419
licensee's place of business.	45420

(D)(E) Notice in writing shall be given to the department by	45421
each auctioneer or apprentice auctioneer licensee of any change of	45422
principal business location or any change or addition to the name	45423
or names under which business is conducted, whereupon the	45424
department shall issue a new license for the unexpired period. Any	45425
change of business location or change or addition of names without	45426
notification to the department shall automatically cancel any	45427
license previously issued. For each new auctioneer or apprentice	45428
auctioneer license issued upon the occasion of a change in	45429
business location or a change in or an addition of names under	45430
which business is conducted, the department may collect a fee of	45431
ten dollars for each change in location, or name or each added	45432
name unless the notification of the change occurs concurrently	45433
with the renewal application.	45434

Sec. 4707.24. Except for the purposes of divisions (A) and	45435
(B) of section 4707.25 of the Revised Code, sections 4707.25 to	45436
4707.31 of the Revised Code do not apply with respect to a license	45437
issued under section 4707.072 of the Revised Code.	45438

Sec. 4709.12.  (A) The barber board shall charge and collect	45439
the following fees:	45440

(1) For the application to take the barber examination, sixty	45441
ninety dollars;	45442

(2) For an application to retake any part of the barber	45443
examination, thirtyforty-five dollars;	45444

(3) For the initial issuance of a license to practice as a	45445
barber, twentythirty dollars;	45446

(4) For the biennial renewal of the license to practice as a	45447
barber, seventy-fiveone hundred ten dollars;	45448

(5) For the restoration of an expired barber license, one	45449
hundred dollars, and fiftyseventy-five dollars for each lapsed	45450
year, provided that the total fee shall not exceed foursix	45451
hundred sixtyninety dollars;	45452

(6) For the issuance of a duplicate barber or shop license,	45453
thirtyforty-five dollars;	45454

(7) For the inspection of a new barber shop, change of	45455
ownership, or reopening of premises or facilities formerly	45456
operated as a barber shop, and issuance of a shop license,	45457
seventy-fiveone hundred ten dollars;	45458

(8) For the biennial renewal of a barber shop license, fifty	45459
seventy-five dollars;	45460

(9) For the restoration of a barber shop license,	45461
seventy-fiveone hundred ten dollars;	45462

(10) For each inspection of premises for location of a new	45463
barber school, or each inspection of premises for relocation of a	45464
currently licensed barber school, fiveseven hundred fifty	45465
dollars;	45466

(11) For the initial barber school license, five hundredone	45467
thousand dollars, and five hundredone thousand dollars for the	45468
renewal of the license;	45469

(12) For the restoration of a barber school license, six	45470
hundredone thousand dollars;	45471

(13) For the issuance of a student registration, twenty-five	45472
forty dollars;	45473

(14) For the examination and issuance of a biennial teacher	45474
or assistant teacher license, one hundred twenty-fiveeighty-five	45475
dollars;	45476

(15) For the renewal of a biennial teacher or assistant	45477
teacher license, one hundred fifty dollars;	45478

(16) For the restoration of an expired teacher or assistant	45479
teacher license, onetwo hundred fiftytwenty-five dollars, and	45480
fortysixty dollars for each lapsed year, provided that the total	45481
fee shall not exceed threefour hundred fifty dollars;	45482

(17) For the issuance of a barber license by reciprocity	45483
pursuant to section 4709.08 of the Revised Code, twothree hundred	45484
dollars;	45485

(18) For providing licensure information concerning an	45486
applicant, upon written request of the applicant, twenty-five	45487
forty dollars.	45488

(B) The board, subject to the approval of the controlling	45489
board, may establish fees in excess of the amounts provided in	45490
this section, provided that the fees do not exceed the amounts	45491
permitted by this section by more than fifty per cent.	45492

Sec. 4717.07.  (A) The board of embalmers and funeral	45493
directors shall charge and collect the following fees:	45494

(1) For the initial issuance or biennial renewal of an	45495
initial embalmer's or funeral director's license, fiveone hundred	45496
forty dollars;	45497

(2) For the issuance of an embalmer or funeral director	45498
registration, twenty-fiveone hundred dollars;	45499

(3) For filing an embalmer or funeral director certificate of	45500
apprenticeship, tenfifty dollars;	45501

(4) For the application to take the examination for a license	45502
to practice as an embalmer or funeral director, or to retake a	45503
section of the examination, thirty-five dollars;	45504

(5) For the biennial renewal of an embalmer's or funeral	45505
director's license, one hundred twenty dollars;	45506

(6) For the initial issuance of a license to operate a	45507
funeral home, onetwo hundred twenty-fivefifty dollars and	45508
biennial renewal of a license to operate a funeral home, two	45509
hundred fifty dollars;	45510

(7)(6) For the reinstatement of a lapsed embalmer's or	45511
funeral director's license, the renewal fee prescribed in division	45512
(A)(5) of this section plus fifty dollars for each month or	45513
portion of a month the license is lapsed until reinstatement;	45514

(8)(7) For the reinstatement of a lapsed license to operate a	45515
funeral home, the renewal fee prescribed in division (A)(6) of	45516
this section plus fifty dollars for each month or portion of a	45517
month the license is lapsed until reinstatement;	45518

(9)(8) For the initial issuance of a license to operate an	45519
embalming facility, onetwo hundred dollars and biennial renewal	45520
of a license to operate an embalming facility, two hundred	45521
dollars;	45522

(10)(9) For the reinstatement of a lapsed license to operate	45523
an embalming facility, the renewal fee prescribed in division	45524
(A)(9) of this section plus fifty dollars for each month or	45525
portion of a month the license is lapsed until reinstatement;	45526

(11)(10) For the initial issuance of a license to operate a	45527
crematory facility, onetwo hundred dollars and biennial renewal	45528
of a license to operate a crematory facility, two hundred dollars;	45529

(12)(11) For the reinstatement of a lapsed license to operate	45530
a crematory facility, the renewal fee prescribed in division	45531
(A)(11) of this section plus fifty dollars for each month or	45532
portion of a month the license is lapsed until reinstatement;	45533

(13)(12) For the issuance of a duplicate of a license issued	45534
under this chapter, four dollars.	45535

(B) In addition to the fees set forth in division (A) of this	45536
section, an applicant shall pay the examination fee assessed by	45537
any examining agency the board uses for any section of an	45538
examination required under this chapter.	45539

(C) Subject to the approval of the controlling board, the	45540
board of embalmers and funeral directors may establish fees in	45541
excess of the amounts set forth in this section, provided that	45542
these fees do not exceed the amounts set forth in this section by	45543
more than fifty per cent.	45544

Sec. 4717.09.  (A) Every two years, licensed embalmers and	45545
funeral directors shall attend between twelve and thirty hours of	45546
educational programs as a condition for renewal of their licenses.	45547
The board of embalmers and funeral directors shall adopt rules	45548
governing the administration and enforcement of the continuing	45549
education requirements of this section. The board may contract	45550
with a professional organization or association or other third	45551
party to assist it in performing functions necessary to administer	45552
and enforce the continuing education requirements of this section.	45553
A professional organization or association or other third party	45554
with whom the board so contracts may charge a reasonable fee for	45555
performing these functions to licensees or to the persons who	45556
provide continuing education programs.	45557

(B) A person holding both an embalmer's license and a funeral	45558
director's license need meet only the continuing education	45559
requirements established by the board for one or the other of	45560
those licenses in order to satisfy the requirement of division (A)	45561
of this section.	45562

(C) The board shall not renew the license of a licensee who	45563
fails to meet the continuing education requirements of this	45564
section and who has not been granted a waiver or exemption under	45565
division (D) or (E) of this section.	45566

(D) Any licensee who fails to meet the continuing education	45567
requirements of this section because of undue hardship or	45568
disability, or who is not actively engaged in the practice of	45569
funeral directing or embalming in this state, may apply to the	45570
board for a waiver or an exemption. The	45571

(E) A licensee who has been an embalmer or a funeral director	45572
for not less than fifty years and is not actually in charge of an	45573
embalming facility or a manager or actually in charge of and	45574
ultimately responsible for a funeral home may apply to the board	45575
for an exemption.	45576

(F) The board shall determine, by rule, the procedures for	45577
applying for a waiver or an exemption from continuing education	45578
requirements under this section and under what conditions a waiver	45579
or an exemption may be granted.	45580

Sec. 4719.01.  (A) As used in sections 4719.01 to 4719.18 of	45581
the Revised Code:	45582

(1) "Affiliate" means a business entity that is owned by,	45583
operated by, controlled by, or under common control with another	45584
business entity.	45585

(2) "Communication" means a written or oral notification or	45586
advertisement that meets both of the following criteria, as	45587
applicable:	45588

(a) The notification or advertisement is transmitted by or on	45589
behalf of the seller of goods or services and by or through any	45590
printed, audio, video, cinematic, telephonic, or electronic means.	45591

(b) In the case of a notification or advertisement other than	45592
by telephone, either of the following conditions is met:	45593

(i) The notification or advertisement is followed by a	45594
telephone call from a telephone solicitor or salesperson.	45595

(ii) The notification or advertisement invites a response by	45596
telephone, and, during the course of that response, a telephone	45597
solicitor or salesperson attempts to make or makes a sale of goods	45598
or services. As used in division (A)(2)(b)(ii) of this section,	45599
"invites a response by telephone" excludes the mere listing or	45600
inclusion of a telephone number in a notification or	45601
advertisement.	45602

(3) "Gift, award, or prize" means anything of value that is	45603
offered or purportedly offered, or given or purportedly given by	45604
chance, at no cost to the receiver and with no obligation to	45605
purchase goods or services. As used in this division, "chance"	45606
includes a situation in which a person is guaranteed to receive an	45607
item and, at the time of the offer or purported offer, the	45608
telephone solicitor does not identify the specific item that the	45609
person will receive.	45610

(4) "Goods or services" means any real property or any	45611
tangible or intangible personal property, or services of any kind	45612
provided or offered to a person. "Goods or services" includes, but	45613
is not limited to, advertising; labor performed for the benefit of	45614
a person; personal property intended to be attached to or	45615
installed in any real property, regardless of whether it is so	45616
attached or installed; timeshare estates or licenses; and extended	45617
service contracts.	45618

(5) "Purchaser" means a person that is solicited to become or	45619
does become financially obligated as a result of a telephone	45620
solicitation.	45621

(6) "Salesperson" means an individual who is employed,	45622
appointed, or authorized by a telephone solicitor to make	45623
telephone solicitations but does not mean any of the following:	45624

(a) An individual who comes within one of the exemptions in	45625
division (B) of this section;	45626

(b) An individual employed, appointed, or authorized by a	45627
person who comes within one of the exemptions in division (B) of	45628
this section;	45629

(c) An individual under a written contract with a person who	45630
comes within one of the exemptions in division (B) of this	45631
section, if liability for all transactions with purchasers is	45632
assumed by the person so exempted.	45633

(7) "Telephone solicitation" means a communication to a	45634
person that meets both of the following criteria:	45635

(a) The communication is initiated by or on behalf of a	45636
telephone solicitor or by a salesperson.	45637

(b) The communication either represents a price or the	45638
quality or availability of goods or services or is used to induce	45639
the person to purchase goods or services, including, but not	45640
limited to, inducement through the offering of a gift, award, or	45641
prize.	45642

(8) "Telephone solicitor" means a person that engages in	45643
telephone solicitation directly or through one or more	45644
salespersons either from a location in this state, or from a	45645
location outside this state to persons in this state. "Telephone	45646
solicitor" includes, but is not limited to, any such person that	45647
is an owner, operator, officer, or director of, partner in, or	45648
other individual engaged in the management activities of, a	45649
business.	45650

(B) A telephone solicitor is exempt from the provisions of	45651
sections 4719.02 to 4719.18 and section 4719.99 of the Revised	45652
Code if the telephone solicitor is any one of the following:	45653

(1) A person engaging in a telephone solicitation that is a	45654
one-time or infrequent transaction not done in the course of a	45655
pattern of repeated transactions of a like nature;	45656

(2) A person engaged in telephone solicitation solely for	45657
religious or political purposes; a charitable organization,	45658
fund-raising counsel, or professional solicitor in compliance with	45659
the registration and reporting requirements of Chapter 1716. of	45660
the Revised Code; or any person or other entity exempt under	45661
section 1716.03 of the Revised Code from filing a registration	45662
statement under section 1716.02 of the Revised Code;	45663

(3) A person, making a telephone solicitation involving a	45664
home solicitation sale as defined in section 1345.21 of the	45665
Revised Code, that makes the sales presentation and completes the	45666
sale at a later, face-to-face meeting between the seller and the	45667
purchaser rather than during the telephone solicitation. However,	45668
if the person, following the telephone solicitation, causes	45669
another person to collect the payment of any money, this exemption	45670
does not apply.	45671

(4) A licensed securities, commodities, or investment broker,	45672
dealer, investment advisor, or associated person when making a	45673
telephone solicitation within the scope of the person's license.	45674
As used in division (B)(4) of this section, "licensed securities,	45675
commodities, or investment broker, dealer, investment advisor, or	45676
associated person" means a person subject to licensure or	45677
registration as such by the securities and exchange commission;	45678
the National Association of Securities Dealers or other	45679
self-regulatory organization, as defined by 15 U.S.C.A. 78c; by	45680
the division of securities under Chapter 1707. of the Revised	45681
Code; or by an official or agency of any other state of the United	45682
States.	45683

(5)(a) A person primarily engaged in soliciting the sale of a	45684
newspaper of general circulation;	45685

(b) As used in division (B)(5)(a) of this section, "newspaper	45686
of general circulation" includes, but is not limited to, both of	45687
the following:	45688

(i) A newspaper that is a daily law journal designated as an	45689
official publisher of court calendars pursuant to section 2701.09	45690
of the Revised Code;	45691

(ii) A newspaper or publication that has at least twenty-five	45692
per cent editorial, non-advertising content, exclusive of inserts,	45693
measured relative to total publication space, and an audited	45694
circulation to at least fifty per cent of the households in the	45695
newspaper's retail trade zone as defined by the audit.	45696

(6)(a) An issuer, or its subsidiary, that has a class of	45697
securities to which all of the following apply:	45698

(i) The class of securities is subject to section 12 of the	45699
"Securities Exchange Act of 1934," 15 U.S.C.A. 78l, and is	45700
registered or is exempt from registration under 15 U.S.C.A.	45701
78l(g)(2)(A), (B), (C), (E), (F), (G), or (H);	45702

(ii) The class of securities is listed on the New York stock	45703
exchange, the American stock exchange, or the NASDAQ national	45704
market system;	45705

(iii) The class of securities is a reported security as	45706
defined in 17 C.F.R. 240.11Aa3-1(a)(4).	45707

(b) An issuer, or its subsidiary, that formerly had a class	45708
of securities that met the criteria set forth in division	45709
(B)(6)(a) of this section if the issuer, or its subsidiary, has a	45710
net worth in excess of one hundred million dollars, files or its	45711
parent files with the securities and exchange commission an S.E.C.	45712
form 10-K, and has continued in substantially the same business	45713
since it had a class of securities that met the criteria in	45714
division (B)(6)(a) of this section. As used in division (B)(6)(b)	45715
of this section, "issuer" and "subsidiary" include the successor	45716
to an issuer or subsidiary.	45717

(7) A person soliciting a transaction regulated by the	45718
commodity futures trading commission, if the person is registered	45719
or temporarily registered for that activity with the commission	45720
under 7 U.S.C.A. 1 et. seq. and the registration or temporary	45721
registration has not expired or been suspended or revoked;	45722

(8) A person soliciting the sale of any book, record, audio	45723
tape, compact disc, or video, if the person allows the purchaser	45724
to review the merchandise for at least seven days and provides a	45725
full refund within thirty days to a purchaser who returns the	45726
merchandise or if the person solicits the sale on behalf of a	45727
membership club operating in compliance with regulations adopted	45728
by the federal trade commission in 16 C.F.R. 425;	45729

(9) A supervised financial institution or its subsidiary. As	45730
used in division (B)(9) of this section, "supervised financial	45731
institution" means a bank, trust company, savings and loan	45732
association, savings bank, credit union, industrial loan company,	45733
consumer finance lender, commercial finance lender, or institution	45734
described in section 2(c)(2)(F) of the "Bank Holding Company Act	45735
of 1956," 12 U.S.C.A. 1841(c)(2)(F), as amended, supervised by an	45736
official or agency of the United States, this state, or any other	45737
state of the United States; or a licensee or registrant under	45738
sections 1321.01 to 1321.19, 1321.51 to 1321.60, or 1321.71 to	45739
1321.83 of the Revised Code.	45740

(10)(a) An insurance company, association, or other	45741
organization that is licensed or authorized to conduct business in	45742
this state by the superintendent of insurance pursuant to Title	45743
XXXIX of the Revised Code or Chapter 1751. of the Revised Code,	45744
when soliciting within the scope of its license or authorization.	45745

(b) A licensed insurance broker, agent, or solicitor when	45746
soliciting within the scope of the person's license. As used in	45747
division (B)(10)(b) of this section, "licensed insurance broker,	45748
agent, or solicitor" means any person licensed as an insurance	45749
broker, agent, or solicitor by the superintendent of insurance	45750
pursuant to Title XXXIX of the Revised Code.	45751

(11) A person soliciting the sale of services provided by a	45752
cable television system operating under authority of a	45753
governmental franchise or permit;	45754

(12) A person soliciting a business-to-business sale under	45755
which any of the following conditions are met:	45756

(a) The telephone solicitor has been operating continuously	45757
for at least three years under the same business name under which	45758
it solicits purchasers, and at least fifty-one per cent of its	45759
gross dollar volume of sales consists of repeat sales to existing	45760
customers to whom it has made sales under the same business name.	45761

(b) The purchaser business intends to resell the goods	45762
purchased.	45763

(c) The purchaser business intends to use the goods or	45764
services purchased in a recycling, reuse, manufacturing, or	45765
remanufacturing process.	45766

(d) The telephone solicitor is a publisher of a periodical or	45767
of magazines distributed as controlled circulation publications as	45768
defined in division (CC) of section 5739.01 of the Revised Code	45769
and is soliciting sales of advertising, subscriptions, reprints,	45770
lists, information databases, conference participation or	45771
sponsorships, trade shows or media products related to the	45772
periodical or magazine, or other publishing services provided by	45773
the controlled circulation publication.	45774

(13) A person that, not less often than once each year,	45775
publishes and delivers to potential purchasers a catalog that	45776
complies with both of the following:	45777

(a) It includes all of the following:

45778

(i) The business address of the seller;

45779

(ii) A written description or illustration of each good or	45780
service offered for sale;	45781

(iii) A clear and conspicuous disclosure of the sale price of	45782
each good or service; shipping, handling, and other charges; and	45783
return policy;	45784

(b) One of the following applies:

45785

(i) The catalog includes at least twenty-four pages of	45786
written material and illustrations, is distributed in more than	45787
one state, and has an annual postage-paid mail circulation of not	45788
less than two hundred fifty thousand households;	45789

(ii) The catalog includes at least ten pages of written	45790
material or an equivalent amount of material in electronic form on	45791
the internet or an on-line computer service, the person does not	45792
solicit customers by telephone but solely receives telephone calls	45793
made in response to the catalog, and during the calls the person	45794
takes orders but does not engage in further solicitation of the	45795
purchaser. As used in division (B)(13)(b)(ii) of this section,	45796
"further solicitation" does not include providing the purchaser	45797
with information about, or attempting to sell, any other item in	45798
the catalog that prompted the purchaser's call or in a	45799
substantially similar catalog issued by the seller.	45800

(14) A political subdivision or instrumentality of the United	45801
States, this state, or any state of the United States;	45802

(15) A college or university or any other public or private	45803
institution of higher education in this state;	45804

(16) A public utility as defined in section 4905.02 of the	45805
Revised Code or a retail natural gas supplier as defined in	45806
section 4929.01 of the Revised Code, if the utility or supplier is	45807
subject to regulation by the public utilities commission, or the	45808
affiliate of the utility or supplier;	45809

(17) A travel agency or tour promoter that is registered in	45810
compliance with section 1333.96 of the Revised Code when	45811
soliciting within the scope of the agency's or promoter's	45812
registration;	45813

(18) A person that solicits sales through a television	45814
program or advertisement that is presented in the same market area	45815
no fewer than twenty days per month or offers for sale no fewer	45816
than ten distinct items of goods or services; and offers to the	45817
purchaser an unconditional right to return any good or service	45818
purchased within a period of at least seven days and to receive a	45819
full refund within thirty days after the purchaser returns the	45820
good or cancels the service;	45821

(19)(18)(a) A person that, for at least one year, has been	45822
operating a retail business under the same name as that used in	45823
connection with telephone solicitation and both of the following	45824
occur on a continuing basis:	45825

(i) The person either displays goods and offers them for	45826
retail sale at the person's business premises or offers services	45827
for sale and provides them at the person's business premises.	45828

(ii) At least fifty-one per cent of the person's gross dollar	45829
volume of retail sales involves purchases of goods or services at	45830
the person's business premises.	45831

(b) An affiliate of a person that meets the requirements in	45832
division (B)(19)(18)(a) of this section if the affiliate meets all	45833
of the following requirements:	45834

(i) The affiliate has operated a retail business for a period	45835
of less than one year;	45836

(ii) The affiliate either displays goods and offers them for	45837
retail sale at the affiliate's business premises or offers	45838
services for sale and provides them at the affiliate's business	45839
premises;	45840

(iii) At least fifty-one per cent of the affiliate's gross	45841
dollar volume of retail sales involves purchases of goods or	45842
services at the affiliate's business premises.	45843

(c) A person that, for a period of less than one year, has	45844
been operating a retail business in this state under the same name	45845
as that used in connection with telephone solicitation, as long as	45846
all of the following requirements are met:	45847

(i) The person either displays goods and offers them for	45848
retail sale at the person's business premises or offers services	45849
for sale and provides them at the person's business premises;	45850

(ii) The goods or services that are the subject of telephone	45851
solicitation are sold at the person's business premises, and at	45852
least sixty-five per cent of the person's gross dollar volume of	45853
retail sales involves purchases of goods or services at the	45854
person's business premises;	45855

(iii) The person conducts all telephone solicitation	45856
activities according to sections 310.3, 310.4, and 310.5 of the	45857
telemarketing sales rule adopted by the federal trade commission	45858
in 16 C.F.R. part 310.	45859

(20)(19) A person who performs telephone solicitation sales	45860
services on behalf of other persons and to whom one of the	45861
following applies:	45862

(a) The person has operated under the same ownership,	45863
control, and business name for at least five years, and the person	45864
receives at least seventy-five per cent of its gross revenues from	45865
written telephone solicitation contracts with persons who come	45866
within one of the exemptions in division (B) of this section.	45867

(b) The person is an affiliate of one or more exempt persons	45868
and makes telephone solicitations on behalf of only the exempt	45869
persons of which it is an affiliate.	45870

(c) The person makes telephone solicitations on behalf of	45871
only exempt persons, the person and each exempt person on whose	45872
behalf telephone solicitations are made have entered into a	45873
written contract that specifies the manner in which the telephone	45874
solicitations are to be conducted and that at a minimum requires	45875
compliance with the telemarketing sales rule adopted by the	45876
federal trade commission in 16 C.F.R. part 310, and the person	45877
conducts the telephone solicitations in the manner specified in	45878
the written contract.	45879

(d) The person performs telephone solicitation for religious	45880
or political purposes, a charitable organization, a fund-raising	45881
council, or a professional solicitor in compliance with the	45882
registration and reporting requirements of Chapter 1716. of the	45883
Revised Code; and meets all of the following requirements:	45884

(i) The person has operated under the same ownership,	45885
control, and business name for at least five years, and the person	45886
receives at least fifty-one per cent of its gross revenues from	45887
written telephone solicitation contracts with persons who come	45888
within the exemption in division (B)(2) of this section;	45889

(ii) The person does not conduct a prize promotion or offer	45890
the sale of an investment opportunity; and	45891

(iii) The person conducts all telephone solicitation	45892
activities according to sections 310.3, 310.4, and 310.5 of the	45893
telemarketing sales rules adopted by the federal trade commission	45894
in 16 C.F.R. part 310.	45895

(21)(20) A person that is a licensed real estate salesperson	45896
or broker under Chapter 4735. of the Revised Code when soliciting	45897
within the scope of the person's license;	45898

(22)(21)(a) Either of the following:

45899

(i) A publisher that solicits the sale of the publisher's	45900
periodical or magazine of general, paid circulation, or a person	45901
that solicits a sale of that nature on behalf of a publisher under	45902
a written agreement directly between the publisher and the person.	45903

(ii) 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 as authorized by a publisher	45906
under a written agreement directly with a publisher's	45907
clearinghouse provided the person is a resident of Ohio for more	45908
than three years and initiates all telephone solicitations from	45909
Ohio and the person conducts the solicitation and sale in	45910
compliance with 16 C.F.R. Part 310, as adopted by the federal	45911
trade commission.	45912

(b) As used in division (B)(22)(21) of this section,	45913
"periodical or magazine of general, paid circulation" excludes a	45914
periodical or magazine circulated only as part of a membership	45915
package or given as a free gift or prize from the publisher or	45916
person.	45917

(23)(22) A person that solicits the sale of food, as defined	45918
in section 3715.01 of the Revised Code, or the sale of products of	45919
horticulture, as defined in section 5739.01 of the Revised Code,	45920
if the person does not intend the solicitation to result in, or	45921
the solicitation actually does not result in, a sale that costs	45922
the purchaser an amount greater than five hundred dollars.	45923

(24)(23) A funeral director licensed pursuant to Chapter	45924
4717. of the Revised Code when soliciting within the scope of that	45925
license, if both of the following apply:	45926

(a) The solicitation and sale are conducted in compliance	45927
with 16 C.F.R. part 453, as adopted by the federal trade	45928
commission, and with sections 1107.33 and 1345.21 to 1345.28 of	45929
the Revised Code;	45930

(b) The person provides to the purchaser of any preneed	45931
funeral contract a notice that clearly and conspicuously sets	45932
forth the cancellation rights specified in division (G) of section	45933
1107.33 of the Revised Code, and retains a copy of the notice	45934
signed by the purchaser.	45935

(25)(24) A person, or affiliate thereof, licensed to sell or	45936
issue Ohio instruments designated as travelers checks pursuant to	45937
sections 1315.01 to 1315.11 of the Revised Code.	45938

(26)(25) A person that solicits sales from its previous	45939
purchasers and meets all of the following requirements:	45940

(a) The solicitation is made under the same business name	45941
that was previously used to sell goods or services to the	45942
purchaser;	45943

(b) The person has, for a period of not less than three	45944
years, operated a business under the same business name as that	45945
used in connection with telephone solicitation;	45946

(c) The person does not conduct a prize promotion or offer	45947
the sale of an investment opportunity;	45948

(d) The person conducts all telephone solicitation activities	45949
according to sections 310.3, 310.4, and 310.5 of the telemarketing	45950
sales rules adopted by the federal trade commission in 16 C.F.R.	45951
part 310;	45952

(e) Neither the person nor any of its principals has been	45953
convicted of, pleaded guilty to, or has entered a plea of no	45954
contest for a felony or a theft offense as defined in sections	45955
2901.02 and 2913.01 of the Revised Code or similar law of another	45956
state or of the United States;	45957

(f) Neither the person nor any of its principals has had	45958
entered against them an injunction or a final judgment or order,	45959
including an agreed judgment or order, an assurance of voluntary	45960
compliance, or any similar instrument, in any civil or	45961
administrative action involving engaging in a pattern of corrupt	45962
practices, fraud, theft, embezzlement, fraudulent conversion, or	45963
misappropriation of property; the use of any untrue, deceptive, or	45964
misleading representation; or the use of any unfair, unlawful,	45965
deceptive, or unconscionable trade act or practice.	45966

(27)(26) An institution defined as a home health agency in	45967
section 3701.883701.881 of the Revised Code, that conducts all	45968
telephone solicitation activities according to sections 310.3,	45969
310.4, and 310.5 of the telemarketing sales rules adopted by the	45970
federal trade commission in 16 C.F.R. part 310, and engages in	45971
telephone solicitation only within the scope of the institution's	45972
certification, accreditation, contract with the department of	45973
aging, or status as a home health agency; and that meets one of	45974
the following requirements:	45975

(a) The institution is certified as a provider of home health	45976
services under Title XVIII of the Social Security Act, 49 Stat.	45977
620, 42 U.S.C. 301, as amended; and is registered with the	45978
department of health pursuant to division (B) of section 3701.88	45979
of the Revised Code;	45980

(b) The institution is accredited by either the joint	45981
commission on accreditation of health care organizations or the	45982
community health accreditation program;	45983

(c) The institution is providing passport services under the	45984
direction of the Ohio department of aging under section 173.40 of	45985
the Revised Code;	45986

(d) An affiliate of an institution that meets the	45987
requirements of division (B)(27)(26)(a), (b), or (c) of this	45988
section when offering for sale substantially the same goods and	45989
services as those that are offered by the institution that meets	45990
the requirements of division (B)(27)(26)(a), (b), or (c) of this	45991
section.	45992

(28)(27) A person licensed to provide a hospice care program	45993
by the department of health pursuant to section 3712.04 of the	45994
Revised Code when conducting telephone solicitations within the	45995
scope of the person's license and according to sections 310.3,	45996
310.4, and 310.5 of the telemarketing sales rules adopted by the	45997
federal trade commission in 16 C.F.R. part 310.	45998

Sec.  4723.01.  As used in this chapter:

45999

(A) "Registered nurse" means an individual who holds a	46000
current, valid license issued under this chapter that authorizes	46001
the practice of nursing as a registered nurse.	46002

(B) "Practice of nursing as a registered nurse" means	46003
providing to individuals and groups nursing care requiring	46004
specialized knowledge, judgment, and skill derived from the	46005
principles of biological, physical, behavioral, social, and	46006
nursing sciences. Such nursing care includes:	46007

(1) Identifying patterns of human responses to actual or	46008
potential health problems amenable to a nursing regimen;	46009

(2) Executing a nursing regimen through the selection,	46010
performance, management, and evaluation of nursing actions;	46011

(3) Assessing health status for the purpose of providing	46012
nursing care;	46013

(4) Providing health counseling and health teaching;

46014

(5) Administering medications, treatments, and executing	46015
regimens authorized by an individual who is authorized to practice	46016
in this state and is acting within the course of the individual's	46017
professional practice;	46018

(6) Teaching, administering, supervising, delegating, and	46019
evaluating nursing practice.	46020

(C) "Nursing regimen" may include preventative, restorative,	46021
and health-promotion activities.	46022

(D) "Assessing health status" means the collection of data	46023
through nursing assessment techniques, which may include	46024
interviews, observation, and physical evaluations for the purpose	46025
of providing nursing care.	46026

(E) "Licensed practical nurse" means an individual who holds	46027
a current, valid license issued under this chapter that authorizes	46028
the practice of nursing as a licensed practical nurse.	46029

(F) "The practice of nursing as a licensed practical nurse"	46030
means providing to individuals and groups nursing care requiring	46031
the application of basic knowledge of the biological, physical,	46032
behavioral, social, and nursing sciences at the direction of a	46033
licensed physician, dentist, podiatrist, optometrist,	46034
chiropractor, or registered nurse. Such nursing care includes:	46035

(1) Observation, patient teaching, and care in a diversity of	46036
health care settings;	46037

(2) Contributions to the planning, implementation, and	46038
evaluation of nursing;	46039

(3) Administration of medications and treatments authorized	46040
by an individual who is authorized to practice in this state and	46041
is acting within the course of the individual's professional	46042
practice, except that administration of intravenous therapy shall	46043
be performed only in accordance with section 4723.17 or 4723.171	46044
of the Revised Code. Medications may be administered by a licensed	46045
practical nurse upon proof of completion of a course in medication	46046
administration approved by the board of nursing.	46047

(4) Administration to an adult of intravenous therapy	46048
authorized by an individual who is authorized to practice in this	46049
state and is acting within the course of the individual's	46050
professional practice, on the condition that the licensed	46051
practical nurse is authorized under section 4723.17 or 4723.171 of	46052
the Revised Code to perform intravenous therapy and performs	46053
intravenous therapy only in accordance with those sections.	46054

(G) "Certified registered nurse anesthetist" means a	46055
registered nurse who holds a valid certificate of authority issued	46056
under this chapter that authorizes the practice of nursing as a	46057
certified registered nurse anesthetist in accordance with section	46058
4723.43 of the Revised Code and rules adopted by the board of	46059
nursing.	46060

(H) "Clinical nurse specialist" means a registered nurse who	46061
holds a valid certificate of authority issued under this chapter	46062
that authorizes the practice of nursing as a clinical nurse	46063
specialist in accordance with section 4723.43 of the Revised Code	46064
and rules adopted by the board of nursing.	46065

(I) "Certified nurse-midwife" means a registered nurse who	46066
holds a valid certificate of authority issued under this chapter	46067
that authorizes the practice of nursing as a certified	46068
nurse-midwife in accordance with section 4723.43 of the Revised	46069
Code and rules adopted by the board of nursing.	46070

(J) "Certified nurse practitioner" means a registered nurse	46071
who holds a valid certificate of authority issued under this	46072
chapter that authorizes the practice of nursing as a certified	46073
nurse practitioner in accordance with section 4723.43 of the	46074
Revised Code and rules adopted by the board of nursing.	46075

(K) "Physician" means an individual authorized under Chapter	46076
4731. of the Revised Code to practice medicine and surgery or	46077
osteopathic medicine and surgery.	46078

(L) "Collaboration" or "collaborating" means the following:

46079

(1) In the case of a clinical nurse specialist, except as	46080
provided in division (L)(3) of this section, or a certified nurse	46081
practitioner, that one or more podiatrists acting within the scope	46082
of practice of podiatry in accordance with section 4731.51 of the	46083
Revised Code and with whom the nurse has entered into a standard	46084
care arrangement or one or more physicians with whom the nurse has	46085
entered into a standard care arrangement are continuously	46086
available to communicate with the clinical nurse specialist or	46087
certified nurse practitioner either in person or by radio,	46088
telephone, or other form of telecommunication;	46089

(2) In the case of a certified nurse-midwife, that one or	46090
more physicians with whom the certified nurse-midwife has entered	46091
into a standard care arrangement are continuously available to	46092
communicate with the certified nurse-midwife either in person or	46093
by radio, telephone, or other form of telecommunication;	46094

(3) In the case of a clinical nurse specialist who practices	46095
the nursing specialty of mental health or psychiatric mental	46096
health without being authorized to prescribe drugs and therapeutic	46097
devices, that one or more physicians are continuously available to	46098
communicate with the nurse either in person or by radio,	46099
telephone, or other form of telecommunication.	46100

(M) "Supervision," as it pertains to a certified registered	46101
nurse anesthetist, means that the certified registered nurse	46102
anesthetist is under the direction of a podiatrist acting within	46103
the podiatrist's scope of practice in accordance with section	46104
4731.51 of the Revised Code, a dentist acting within the dentist's	46105
scope of practice in accordance with Chapter 4715. of the Revised	46106
Code, or a physician, and, when administering anesthesia, the	46107
certified registered nurse anesthetist is in the immediate	46108
presence of the podiatrist, dentist, or physician.	46109

(N) "Standard care arrangement," except as it pertains to an	46110
advanced practice nurse, means a written, formal guide for	46111
planning and evaluating a patient's health care that is developed	46112
by one or more collaborating physicians or podiatrists and a	46113
clinical nurse specialist, certified nurse-midwife, or certified	46114
nurse practitioner and meets the requirements of section 4723.431	46115
of the Revised Code.	46116

(O) "Advanced practice nurse," until three years and eight	46117
months after May 17, 2000, means a registered nurse who is	46118
approved by the board of nursing under section 4723.55 of the	46119
Revised Code to practice as an advanced practice nurse.	46120

(P) "Dialysis care" means the care and procedures that a	46121
dialysis technician is authorized to provide and perform, as	46122
specified in section 4723.72 of the Revised Code.	46123

(Q) "Dialysis technician" means an individual who holds a	46124
current, valid certificate or temporary certificate issued under	46125
this chapter that authorizes the individual to practice as a	46126
dialysis technician in accordance with section 4723.72 of the	46127
Revised Code.	46128

(R) "Certified community health worker" means an individual	46129
who holds a current, valid certificate as a community health	46130
worker issued by the board of nursing under section 4723.85 of the	46131
Revised Code.	46132

Sec. 4723.06.  (A) The board of nursing shall:

46133

(1) Administer and enforce the provisions of this chapter,	46134
including the taking of disciplinary action for violations of	46135
section 4723.28 of the Revised Code, any other provisions of this	46136
chapter, or rules adopted under this chapter;	46137

(2) Develop criteria that an applicant must meet to be	46138
eligible to sit for the examination for licensure to practice as a	46139
registered nurse or as a licensed practical nurse;	46140

(3) Issue and renew nursing licenses and, dialysis technician	46141
certificates, and community health worker certificates, as	46142
provided in this chapter;	46143

(4) Define the minimum curricula and standards for	46144
educational programs of the schools of professional nursing and	46145
schools of practical nursing in this state;	46146

(5) Survey, inspect, and grant full approval to prelicensure	46147
nursing education programs that meet the standards established by	46148
rules adopted under section 4723.07 of the Revised Code.	46149
Prelicensure nursing education programs include, but are not	46150
limited to, associate degree, baccalaureate degree, diploma, and	46151
doctor of nursing programs leading to initial licensure to	46152
practice nursing as a registered nurse and practical nurse	46153
programs leading to initial licensure to practice nursing as a	46154
licensed practical nurse.	46155

(6) Grant conditional approval, by a vote of a quorum of the	46156
board, to a new prelicensure nursing education program or a	46157
program that is being reestablished after having ceased to	46158
operate, if the program meets and maintains the minimum standards	46159
of the board established by rules adopted under section 4723.07 of	46160
the Revised Code. If the board does not grant conditional	46161
approval, it shall hold an adjudication under Chapter 119. of the	46162
Revised Code to consider conditional approval of the program. If	46163
the board grants conditional approval, at its first meeting after	46164
the first class has completed the program, the board shall	46165
determine whether to grant full approval to the program. If the	46166
board does not grant full approval or if it appears that the	46167
program has failed to meet and maintain standards established by	46168
rules adopted under section 4723.07 of the Revised Code, the board	46169
shall hold an adjudication under Chapter 119. of the Revised Code	46170
to consider the program. Based on results of the adjudication, the	46171
board may continue or withdraw conditional approval, or grant full	46172
approval.	46173

(7) Place on provisional approval, for a period of time	46174
specified by the board, a program that has ceased to meet and	46175
maintain the minimum standards of the board established by rules	46176
adopted under section 4723.07 of the Revised Code. At the end of	46177
the period, the board shall reconsider whether the program meets	46178
the standards and shall grant full approval if it does. If it does	46179
not, the board may withdraw approval, pursuant to an adjudication	46180
under Chapter 119. of the Revised Code.	46181

(8) Approve continuing nursing education programs and courses	46182
under standards established in rules adopted under section 4723.07	46183
of the Revised Code;	46184

(9) Approve peer support programs, under rules adopted under	46185
section 4723.07 of the Revised Code, for nurses and, for dialysis	46186
technicians, and for certified community health workers;	46187

(10) Establish a program for monitoring chemical dependency	46188
in accordance with section 4723.35 of the Revised Code;	46189

(11) Establish the practice intervention and improvement	46190
program in accordance with section 4723.282 of the Revised Code;	46191

(12) Issue and renew certificates of authority to practice	46192
nursing as a certified registered nurse anesthetist, clinical	46193
nurse specialist, certified nurse-midwife, or certified nurse	46194
practitioner;	46195

(13) Approve under section 4723.46 of the Revised Code	46196
national certifying organizations for examination and	46197
certification of certified registered nurse anesthetists, clinical	46198
nurse specialists, certified nurse-midwives, or certified nurse	46199
practitioners;	46200

(14) Issue and renew certificates to prescribe in accordance	46201
with sections 4723.48 and 4723.485 of the Revised Code;	46202

(15) Grant approval to the planned classroom and clinical	46203
study required by section 4723.483 of the Revised Code to be	46204
eligible for a certificate to prescribe;	46205

(16) Make an annual edition of the formulary established in	46206
rules adopted under section 4723.50 of the Revised Code available	46207
to the public either in printed form or by electronic means and,	46208
as soon as possible after any revision of the formulary becomes	46209
effective, make the revision available to the public in printed	46210
form or by electronic means;	46211

(17) Provide guidance and make recommendations to the general	46212
assembly, the governor, state agencies, and the federal government	46213
with respect to the regulation of the practice of nursing and the	46214
enforcement of this chapter;	46215

(18) Make an annual report to the governor, which shall be	46216
open for public inspection;	46217

(19) Maintain and have open for public inspection the	46218
following records:	46219

(a) A record of all its meetings and proceedings;

46220

(b) A file of holders of nursing licenses, registrations, and	46221
certificates granted under this chapter and; dialysis technician	46222
certificates granted under this chapter; and community health	46223
worker certificates granted under this chapter. The file shall be	46224
maintained in the form prescribed by rule of the board.	46225

(c) A list of prelicensure nursing education programs	46226
approved by the board;	46227

(d) A list of approved peer support programs for nurses and,	46228
dialysis technicians, and certified community health workers.	46229

(B) The board may fulfill the requirement of division (A)(8)	46230
of this section by authorizing persons who meet the standards	46231
established in rules adopted under section 4723.07 of the Revised	46232
Code to approve continuing nursing education programs and courses.	46233
Persons so authorized shall approve continuing nursing education	46234
programs and courses in accordance with standards established in	46235
rules adopted under section 4723.07 of the Revised Code.	46236

Persons seeking authorization to approve continuing nursing	46237
education programs and courses shall apply to the board and pay	46238
the appropriate fee established under section 4723.08 of the	46239
Revised Code. Authorizations to approve continuing nursing	46240
education programs and courses shall expire, and may be renewed	46241
according to the schedule established in rules adopted under	46242
section 4732.074723.07 of the Revised Code.	46243

In addition to approving continuing nursing education	46244
programs under division (A)(8) of this section, the board may	46245
sponsor continuing education activities that are directly related	46246
to the statutes and rules pertaining to the practice of nursing in	46247
this state.	46248

Sec. 4723.063.  (A) As used in this section:

46249

(1) "Health care facility" means:

46250

(a) A hospital registered under section 3701.07 of the	46251
Revised Code;	46252

(b) A nursing home licensed under section 3721.02 of the	46253
Revised Code, or by a political subdivision certified under	46254
section 3721.09 of the Revised Code;	46255

(c) A county home or a county nursing home as defined in	46256
section 5155.31 of the Revised Code that is certified under Title	46257
XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	46258
U.S.C. 301, amended;	46259

(d) A freestanding dialysis center;

46260

(e) A freestanding inpatient rehabilitation facility;

46261

(f) An ambulatory surgical facility;

46262

(g) A freestanding cardiac catheterization facility;

46263

(h) A freestanding birthing center;

46264

(i) A freestanding or mobile diagnostic imaging center;

46265

(j) A freestanding radiation therapy center.

46266

(2) "Nurse education program" means a prelicensure nurse	46267
education program approved by the board of nursing under section	46268
4723.06 of the Revised Code or a postlicensure nurse education	46269
program approved by the board of regents under section 3333.04 of	46270
the Revised Code.	46271

(B) The state board of nursing shall establish and administer	46272
the nurse education grant program. Under the program, the board	46273
shall award grants to nurse education programs that have	46274
partnerships with other education programs, community health	46275
agencies, or health care facilities. Grant recipients shall use	46276
the money to fund partnerships to increase the nurse education	46277
program's enrollment capacity. Methods of increasing a program's	46278
enrollment capacity may include hiring faculty and preceptors,	46279
purchasing educational equipment and materials, and other actions	46280
acceptable to the board. Grant money shall not be used to	46281
construct or renovate buildings. Partnerships may be developed	46282
between one or more nurse education programs and one or more	46283
health care facilities.	46284

In awarding grants, the board shall give preference to	46285
partnerships between nurse education programs and hospitals,	46286
nursing homes, and county homes or county nursing homes, but may	46287
also award grants to fund partnerships between nurse education	46288
programs and other health care facilities.	46289

(C) The board shall adopt rules in accordance with Chapter	46290
119. of the Revised Code establishing the following:	46291

(1) Eligibility requirements for receipt of a grant;

46292

(2) Grant application forms and procedures;

46293

(3) The amounts in which grants may be made and the total	46294
amount that may be awarded to a nurse education program that has a	46295
partnership with other education programs, a community health	46296
agency, or a health care facility;	46297

(4) A method whereby the board may evaluate the effectiveness	46298
of a partnership between joint recipients in increasing the nurse	46299
education program's enrollment capacity;	46300

(5) The percentage of the money in the fund that must remain	46301
in the fund at all times to maintain a fiscally responsible fund	46302
balance;	46303

(6) The percentage of available grants to be awarded to	46304
licensed practical nurse education programs, registered nurse	46305
education programs, and graduate programs;	46306

(7) Any other matters incidental to the operation of the	46307
program.	46308

(D) From January 1, 2004, until December 31, 2013, the ten	46309
dollars of each biennial nursing license renewal fee collected	46310
under section 4723.08 of the Revised Code shall be dedicated to	46311
the nurse education grant program fund, which is hereby created in	46312
the state treasury. The board shall use money in the fund for	46313
grants awarded under division (A) of this section and for expenses	46314
of administering the grant program. The amount used for	46315
administrative expenses in any year shall not exceed ten per cent	46316
of the amount transferred to the fund in that year.	46317

(E) Each quarter, for the purposes of transferring funds to	46318
the nurse education grant program, the board of nursing shall	46319
certify to the director of budget and management the number of	46320
biennial licenses renewed under this chapter during the preceding	46321
quarter and the amount equal to that number times ten dollars.	46322

(F) Notwithstanding the requirements of section 4743.05 of	46323
the Revised Code, from January 1, 2004, until December 31, 2013,	46324
at the end of each quarter, the director of budget and management	46325
shall transfer from the occupational licensing and regulatory fund	46326
to the nurse education grant program fund the amount certified	46327
under division (E) of this section.	46328

Sec. 4723.07.  In accordance with Chapter 119. of the Revised	46329
Code, the board of nursing shall adopt and may amend and rescind	46330
rules that establish all of the following:	46331

(A) Provisions for the board's government and control of its	46332
actions and business affairs;	46333

(B) Minimum curricula and standards for nursing education	46334
programs that prepare graduates to be licensed under this chapter	46335
and procedures for granting, renewing, and withdrawing approval of	46336
those programs;	46337

(C) Criteria that applicants for licensure must meet to be	46338
eligible to take examinations for licensure;	46339

(D) Standards and procedures for renewal of the licenses and	46340
certificates issued by the board;	46341

(E) Standards for approval of continuing nursing education	46342
programs and courses for registered nurses, licensed practical	46343
nurses, certified registered nurse anesthetists, clinical nurse	46344
specialists, certified nurse-midwives, and certified nurse	46345
practitioners. The standards may provide for approval of	46346
continuing nursing education programs and courses that have been	46347
approved by other state boards of nursing or by national	46348
accreditation systems for nursing, including, but not limited to,	46349
the American nurses' credentialing center and the national	46350
association for practical nurse education and service.	46351

(F) Standards that persons must meet to be authorized by the	46352
board to approve continuing nursing education programs and courses	46353
and a schedule by which that authorization expires and may be	46354
renewed;	46355

(G) Requirements, including continuing education	46356
requirements, for restoring inactive nursing licenses and,	46357
dialysis technician certificates, and community health worker	46358
certificates, and for restoring nursing licenses and, dialysis	46359
technician certificates, and community health worker certificates	46360
that have lapsed through failure to renew;	46361

(H) Conditions that may be imposed for reinstatement of a	46362
nursing license or, dialysis technician certificate, or community	46363
health worker certificate following action taken under sections	46364
section 3123.47, 4723.28, and 4723.281, or 4723.86 of the Revised	46365
Code resulting in a license or certificate suspension from	46366
practice;	46367

(I) Standards for approval of peer support programs for	46368
persons who hold a nursing license or, dialysis technician	46369
certificate, or community health worker certificate;	46370

(J) Requirements for board approval of courses in medication	46371
administration by licensed practical nurses;	46372

(K) Criteria for evaluating the qualifications of an	46373
applicant for a license to practice nursing as a registered nurse	46374
or licensed practical nurse, a certificate of authority issued	46375
under division (E) of section 4723.41 of the Revised Code, or a	46376
dialysis technician certificate, or a community health worker	46377
certificate by the board's endorsement of the applicant's	46378
authority to practice issued by the licensing agency of another	46379
state;	46380

(L) Universal blood and body fluid precautions that shall be	46381
used by each person holding a nursing license or dialysis	46382
technician certificate issued under this chapter who performs	46383
exposure-prone invasive procedures. The rules shall define and	46384
establish requirements for universal blood and body fluid	46385
precautions that include the following:	46386

(1) Appropriate use of hand washing;

46387

(2) Disinfection and sterilization of equipment;

46388

(3) Handling and disposal of needles and other sharp	46389
instruments;	46390

(4) Wearing and disposal of gloves and other protective	46391
garments and devices.	46392

(M) Standards and procedures for approving certificates of	46393
authority to practice nursing as a certified registered nurse	46394
anesthetist, clinical nurse specialist, certified nurse-midwife,	46395
or certified nurse practitioner, and for renewal of those	46396
certificates;	46397

(N) Quality assurance standards for certified registered	46398
nurse anesthetists, clinical nurse specialists, certified	46399
nurse-midwives, or certified nurse practitioners;	46400

(O) Additional criteria for the standard care arrangement	46401
required by section 4723.431 of the Revised Code entered into by a	46402
clinical nurse specialist, certified nurse-midwife, or certified	46403
nurse practitioner and the nurse's collaborating physician or	46404
podiatrist;	46405

(P) Continuing education standards for clinical nurse	46406
specialists who are exempt under division (C) of section 4723.41	46407
of the Revised Code from the requirement of having passed a	46408
certification examination;	46409

(Q) For purposes of division (B)(31) of section 4723.28 of	46410
the Revised Code, the actions, omissions, or other circumstances	46411
that constitute failure to establish and maintain professional	46412
boundaries with a patient.	46413

The board may adopt other rules necessary to carry out the	46414
provisions of this chapter. The rules shall be adopted in	46415
accordance with Chapter 119. of the Revised Code.	46416

Sec. 4723.08.  (A) The board of nursing may impose fees not	46417
to exceed the following limits:	46418

(1) For application for licensure by examination to practice	46419
nursing as a registered nurse or as a licensed practical nurse,	46420
fiftyseventy-five dollars;	46421

(2) For application for licensure by endorsement to practice	46422
nursing as a registered nurse or as a licensed practical nurse,	46423
fiftyseventy-five dollars;	46424

(3) For application for a certificate of authority to	46425
practice nursing as a certified registered nurse anesthetist,	46426
clinical nurse specialist, certified nurse-midwife, or certified	46427
nurse practitioner, one hundred dollars;	46428

(4) For application for a temporary dialysis technician	46429
certificate, the amount specified in rules adopted under section	46430
4723.79 of the Revised Code;	46431

(5) For application for a full dialysis technician	46432
certificate, the amount specified in rules adopted under section	46433
4723.79 of the Revised Code;	46434

(6) For application for a certificate to prescribe, fifty	46435
dollars;	46436

(7) For verification of a nursing license, certificate of	46437
authority, or dialysis technician certificate to another	46438
jurisdiction, fifteen dollars;	46439

(8) For providing a replacement copy of a nursing license,	46440
certificate of authority, orcertificate to prescribe, dialysis	46441
technician certificate, fifteenintravenous therapy card, or	46442
frameable certificate, twenty-five dollars;	46443

(9) For biennial renewal of a nursing license that expires on	46444
or beforeafter August 31, 2003, thirty-fivebut before January 1,	46445
2004, forty-five dollars;	46446

(10) For biennial renewal of a nursing license that expires	46447
on or after September 1, 2003, forty-fiveJanuary 1, 2004,	46448
sixty-five dollars;	46449

(11) For biennial renewal of a certificate of authority to	46450
practice nursing as a certified registered nurse anesthetist,	46451
clinical nurse specialist, certified nurse mid-wife, or certified	46452
nurse practitioner that expires on or before August 31, 2005, one	46453
hundred dollars;	46454

(12) For biennial renewal of a certificate of authority to	46455
practice nursing as a certified registered nurse anesthetist,	46456
clinical nurse specialist, certified nurse-midwife, or certified	46457
nurse practitioner that expires on or after September 1, 2005,	46458
eighty-five dollars;	46459

(13) For renewal of a certificate to prescribe, fifty	46460
dollars;	46461

(14) For biennial renewal of a dialysis technician	46462
certificate, the amount specified in rules adopted under section	46463
4723.79 of the Revised Code;	46464

(15) For processing a late application for renewal of a	46465
nursing license, certificate of authority, or dialysis technician	46466
certificate, fifty dollars;	46467

(16) For application for authorization to approve continuing	46468
nursing education programs and courses from an applicant	46469
accredited by a national accreditation system for nursing, five	46470
hundred dollars;	46471

(17) For application for authorization to approve continuing	46472
nursing education programs and courses from an applicant not	46473
accredited by a national accreditation system for nursing, one	46474
thousand dollars;	46475

(18) For each year for which authorization to approve	46476
continuing nursing education programs and courses is renewed, one	46477
hundred fifty dollars;	46478

(19) For application for approval to operate a dialysis	46479
training program, the amount specified in rules adopted under	46480
section 4723.79 of the Revised Code;	46481

(20) For reinstatement of a lapsed nursing license,	46482
certificate of authority, or dialysis technician certificate, one	46483
hundred dollars;	46484

(21) For written verification of a nursing license,	46485
certificate of authority, or dialysis technician certificate, when	46486
the verification is performed for purposes other than providing	46487
verification to another jurisdiction, five dollars. The board may	46488
contract for services pertaining to this verification process and	46489
the collection of the fee, and may permit the contractor to retain	46490
a portion of the fees as compensation, before any amounts are	46491
deposited into the state treasury.;	46492

(22) For processing a check returned to the board by a	46493
financial institution as noncollectible, twenty-five dollars;	46494

(23) For issuance of an intravenous therapy card for which a	46495
fee may be charged under section 4723.17 of the Revised Code,	46496
twenty-five dollars;	46497

(24) For out-of-state survey visits of nursing education	46498
programs operating in Ohio, two thousand dollars;	46499

(25) The amounts specified in rules adopted under section	46500
4723.88 of the Revised Code pertaining to the issuance of	46501
certificates to community health workers, including fees for	46502
application for a certificate, verification of a certificate to	46503
another jurisdiction, written verification of a certificate when	46504
the verification is performed for purposes other than verification	46505
to another jurisdiction, providing a replacement copy of a	46506
certificate, biennial renewal of a certificate, processing a late	46507
application for renewal of a certificate, reinstatement of a	46508
lapsed certificate, application for approval of a community health	46509
worker training program for community health workers, and biennial	46510
renewal of the approval of a training program for community health	46511
workers.	46512

(B) Each quarter, for purposes of transferring funds under	46513
section 4743.05 of the Revised Code to the nurse education	46514
assistance fund created in section 3333.28 of the Revised Code,	46515
the board of nursing shall certify to the director of budget and	46516
management the number of biennial licenses renewed under this	46517
chapter during the preceding quarter and the amount equal to that	46518
number times five dollars.	46519

(C) The board may charge a participant in a board-sponsored	46520
continuing education activity an amount not exceeding fifteen	46521
dollars for each activity.	46522

(D) The board may contract for services pertaining to the	46523
process of providing written verification of a nursing license,	46524
certificate of authority, dialysis technician certificate, or	46525
community health worker certificate when the verification is	46526
performed for purposes other than providing verification to	46527
another jurisdiction. The contract may include provisions	46528
pertaining to the collection of the fee charged for providing the	46529
written verification. As part of these provisions, the board may	46530
permit the contractor to retain a portion of the fees as	46531
compensation, before any amounts are deposited into the state	46532
treasury.	46533

Sec.  4723.082. All(A) Except as provided in section	46534
4723.062 of the Revised Code and division (B) of this section, all	46535
receipts of the board of nursing, from any source, shall be	46536
deposited in the state treasury to the credit of the occupational	46537
licensing and regulatory fund. All	46538

(B) All receipts from board-sponsored continuing education	46539
activities shall be deposited in the state treasury to the credit	46540
of the special nursing issue fund created by section 4723.062 of	46541
the Revised Code.	46542

(C) All vouchers of the board shall be approved by the board	46543
president or executive director, or both, as authorized by the	46544
board.	46545

Sec. 4723.17.  (A) The board of nursing may authorize a	46546
licensed practical nurse to administer to an adult intravenous	46547
therapy authorized by an individual who is authorized to practice	46548
in this state and is acting within the course of the individual's	46549
professional practice, if all of the following are true of the	46550
licensed practical nurse:	46551

(1) The nurse has a current, valid license issued under this	46552
chapter that includes authorization to administer medications and	46553
one of the following is the case:	46554

(1) The nurse has successfully completed, within a practical	46555
nurse prelicensure education program approved by the board or by	46556
another jurisdiction's agency that regulates the practice of	46557
nursing, a course of study that prepares the nurse to safely	46558
perform the intravenous therapy procedures the board may authorize	46559
under this section. To meet this requirement, the course of study	46560
must include all of the following:	46561

(a) Both didactic and clinical components;

46562

(b) Curriculum requirements established in rules the board of	46563
nursing shall adopt in accordance with Chapter 119. of the Revised	46564
Code;	46565

(c) Standards that require the nurse to perform a successful	46566
demonstration of the intravenous procedures, including all skills	46567
needed to perform them safely.	46568

(2) The nurse has successfully completed a course in	46569
intravenous administration approved by the board that includes	46570
both of the following:	46571

(a) A minimum of forty hours of training that includes all of	46572
the following:	46573

(i)(a) The curriculum established by rules adopted by the	46574
board and in effect on January 1, 1999;	46575

(ii)(b) Training in the anatomy and physiology of the	46576
cardiovascular system, signs and symptoms of local and systemic	46577
complications in the administration of fluids and antibiotic	46578
additives, and guidelines for management of these complications;	46579

(iii)(c) Any other training or instruction the board	46580
considers appropriate.	46581

(b)(d) A testing component that includes the successful	46582
performance of three venipunctures supervised by a physician or	46583
registered nurse in a health care settingrequires the nurse to	46584
perform a successful demonstration of the intravenous procedures,	46585
including all skills needed to perform them safely.	46586

(B) Except as provided in section 4723.171 of the Revised	46587
Code, a licensed practical nurse may perform intravenous therapy	46588
only if authorized by the board pursuant to division (A) of this	46589
section and only if it is performed in accordance with this	46590
section.	46591

A licensed practical nurse authorized by the board to perform	46592
intravenous therapy may perform an intravenous therapy procedure	46593
only at the direction of one of the following:	46594

(1) A licensed physician, dentist, optometrist, or podiatrist	46595
who, except as provided in division (C)(2) of this section, is	46596
present and readily available at the facility where the	46597
intravenous therapy procedure is performed;	46598

(2) A registered nurse in accordance with division (C) of	46599
this section.	46600

(C)(1) Except as provided in division (C)(2) of this section	46601
and section 4723.171 of the Revised Code, when a licensed	46602
practical nurse authorized by the board to perform intravenous	46603
therapy performs an intravenous therapy procedure at the direction	46604
of a registered nurse, the registered nurse or another registered	46605
nurse shall be readily available at the site where the intravenous	46606
therapy is performed, and before the licensed practical nurse	46607
initiates the intravenous therapy, the registered nurse shall	46608
personally perform an on-site assessment of the individual who is	46609
to receive the intravenous therapy.	46610

(2) When a licensed practical nurse authorized by the board	46611
to perform intravenous therapy performs an intravenous therapy	46612
procedure in a home as defined in section 3721.10 of the Revised	46613
Code, or in an intermediate care facility for the mentally	46614
retarded as defined in section 5111.20 of the Revised Code, at the	46615
direction of a registered nurse or licensed physician, dentist,	46616
optometrist, or podiatrist, a registered nurse shall be on the	46617
premises of the home or facility or accessible by some form of	46618
telecommunication.	46619

(D) No licensed practical nurse shall perform any of the	46620
following intravenous therapy procedures:	46621

(1) Initiating or maintaining any of the following:

46622

(a) Blood or blood components;

46623

(b) Solutions for total parenteral nutrition;

46624

(c) Any cancer therapeutic medication including, but not	46625
limited to, cancer chemotherapy or an anti-neoplastic agent;	46626

(d) Solutions administered through any central venous line or	46627
arterial line or any other line that does not terminate in a	46628
peripheral vein, except that a licensed practical nurse authorized	46629
by the board to perform intravenous therapy may maintain the	46630
solutions specified in division (D)(6)(a) of this section that are	46631
being administered through a central venous line or peripherally	46632
inserted central catheter;	46633

(e) Any investigational or experimental medication.

46634

(2) Initiating intravenous therapy in any vein, except that a	46635
licensed practical nurse authorized by the board to perform	46636
intravenous therapy may initiate intravenous therapy in accordance	46637
with this section in a vein of the hand, forearm, or antecubital	46638
fossa;	46639

(3) Discontinuing a central venous, arterial, or any other	46640
line that does not terminate in a peripheral vein;	46641

(4) Initiating or discontinuing a peripherally inserted	46642
central catheter;	46643

(5) Mixing, preparing, or reconstituting any medication for	46644
intravenous therapy, except that a licensed practical nurse	46645
authorized by the board to perform intravenous therapy may prepare	46646
or reconstitute an antibiotic additive;	46647

(6) Administering medication via the intravenous route,	46648
including all of the following activities:	46649

(a) Adding medication to an intravenous solution or to an	46650
existing infusion, except that a licensed practical nurse	46651
authorized by the board to perform intravenous therapy may do	46652
either of the following:	46653

(i) Initiate an intravenous infusion containing one or more	46654
of the following elements: dextrose 5%; normal saline; lactated	46655
ringers; sodium chloride .45%; sodium chloride 0.2%; sterile	46656
water.	46657

(ii) Hang subsequent containers of the intravenous solutions	46658
specified in division (D)(6)(a) of this section that contain	46659
vitamins or electrolytes, if a registered nurse initiated the	46660
infusion of that same intravenous solution.	46661

(b) Initiating or maintaining an intravenous piggyback	46662
infusion, except that a licensed practical nurse authorized by the	46663
board to perform intravenous therapy may initiate or maintain an	46664
intravenous piggyback infusion containing an antibiotic additive;	46665

(c) Injecting medication via a direct intravenous route,	46666
except that a licensed practical nurse authorized by the board to	46667
perform intravenous therapy may inject heparin or normal saline to	46668
flush an intermittent infusion device or heparin lock including,	46669
but not limited to, bolus or push.	46670

(7) Aspirating any intravenous line to maintain patency;

46671

(8) Changing tubing on any line including, but not limited	46672
to, an arterial line or a central venous line, except that a	46673
licensed practical nurse authorized by the board to perform	46674
intravenous therapy may change tubing on an intravenous line that	46675
terminates in a peripheral vein;	46676

(9) Programming or setting any function of a patient	46677
controlled infusion pump.	46678

(E) Notwithstanding division (D) of this section, at the	46679
direction of a physician or a registered nurse, a licensed	46680
practical nurse authorized by the board to perform intravenous	46681
therapy may perform the following activities for the purpose of	46682
performing dialysis:	46683

(1) The routine administration and regulation of saline	46684
solution for the purpose of maintaining an established fluid plan;	46685

(2) The administration of a heparin dose intravenously;

46686

(3) The administration of a heparin dose peripherally via a	46687
fistula needle;	46688

(4) The loading and activation of a constant infusion pump or	46689
the intermittent injection of a dose of medication prescribed by a	46690
licensed physician for dialysis.	46691

(F) No person shall employ or direct a licensed practical	46692
nurse to perform an intravenous therapy procedure without first	46693
verifying that the licensed practical nurse is authorized by the	46694
board to perform intravenous therapy.	46695

(G) The board shall issue an intravenous therapy card to the	46696
licensed practical nurses authorized pursuant to division (A) of	46697
this section to perform intravenous therapy. A fee for issuing the	46698
card shall not be charged under section 4723.08 of the Revised	46699
Code if the licensed practical nurse receives the card by meeting	46700
the requirements of division (A)(1) of this section. The board	46701
shall maintain a registry of the names of licensed practical	46702
nurses authorized pursuant to division (A) of this section to	46703
performwho hold intravenous therapy cards.	46704

Sec. 4723.271.  The board of nursing shall provide a	46705
replacement copy of a nursing license, certificate of authority,	46706
or dialysis technician certificate, or community health worker	46707
certificate issued under this chapter upon request of the holder	46708
accompanied by proper identification as prescribed in rules	46709
adopted by the board and payment of the fee authorized under	46710
section 4723.08 of the Revised Code.	46711

Upon request of the holder of a nursing license, certificate	46712
of authority, or dialysis technician certificate, or community	46713
health worker certificate issued under this chapter and payment of	46714
the fee authorized under section 4723.08 of the Revised Code, the	46715
board shall verify to an agency of another jurisdiction or foreign	46716
country the fact that the person holds such nursing license,	46717
certificate of authority, or dialysis technician certificate, or	46718
community health worker certificate.	46719

Sec. 4723.34.  (A) Reports to the board of nursing shall be	46720
made as follows:	46721

(1) Every employer of registered nurses, licensed practical	46722
nurses, or dialysis technicians shall report to the board of	46723
nursing the name of any current or former employee who holds a	46724
nursing license or dialysis technician certificate issued under	46725
this chapter who has engaged in conduct that would be grounds for	46726
disciplinary action by the board under section 4723.28 of the	46727
Revised Code. Every employer of certified community health workers	46728
shall report to the board the name of any current or former	46729
employee who holds a community health worker certificate issued	46730
under this chapter who has engaged in conduct that would be	46731
grounds for disciplinary action by the board under section 4723.86	46732
of the Revised Code.	46733

(2) Nursing associations shall report to the board the name	46734
of any registered nurse or licensed practical nurse and dialysis	46735
technician associations shall report to the board the name of any	46736
dialysis technician who has been investigated and found to	46737
constitute a danger to the public health, safety, and welfare	46738
because of conduct that would be grounds for disciplinary action	46739
by the board under section 4723.28 of the Revised Code, except	46740
that an association is not required to report the individual's	46741
name if the individual is maintaining satisfactory participation	46742
in a peer support program approved by the board under rules	46743
adopted under section 4723.07 of the Revised Code. Community	46744
health worker associations shall report to the board the name of	46745
any certified community health worker who has been investigated	46746
and found to constitute a danger to the public health, safety, and	46747
welfare because of conduct that would be grounds for disciplinary	46748
action by the board under section 4723.86 of the Revised Code,	46749
except that an association is not required to report the	46750
individual's name if the individual is maintaining satisfactory	46751
participation in a peer support program approved by the board	46752
under rules adopted under section 4723.07 of the Revised Code.	46753

(3) If the prosecutor in a case described in divisions (B)(3)	46754
to (5) of section 4723.28 of the Revised Code, or in a case where	46755
the trial court issued an order of dismissal upon technical or	46756
procedural grounds of a charge of a misdemeanor committed in the	46757
course of practice, a felony charge, or a charge of gross	46758
immorality or moral turpitude, knows or has reason to believe that	46759
the person charged is licensed under this chapter to practice	46760
nursing as a registered nurse or as a licensed practical nurse or	46761
holds a certificate issued under this chapter to practice as a	46762
dialysis technician, the prosecutor shall notify the board of	46763
nursing. With regard to certified community health workers, if the	46764
prosecutor in a case involving a charge of a misdemeanor committed	46765
in the course of employment, a felony charge, or a charge of gross	46766
immorality or moral turpitude, including a case dismissed on	46767
technical or procedural grounds, knows or has reason to believe	46768
that the person charged holds a community health worker	46769
certificate issued under this chapter, the prosecutor shall notify	46770
the board.	46771

Each notification required by this division shall be made on	46772
forms prescribed and provided by the board. The report shall	46773
include the name and address of the license or certificate holder,	46774
the charge, and the certified court documents recording the	46775
action.	46776

(B) If any person fails to provide a report required by this	46777
section, the board may seek an order from a court of competent	46778
jurisdiction compelling submission of the report.	46779

Sec. 4723.35.  (A) As used in this section, "chemical	46780
dependency" means either of the following:	46781

(1) The chronic and habitual use of alcoholic beverages to	46782
the extent that the user no longer can control the use of alcohol	46783
or endangers the user's health, safety, or welfare or that of	46784
others;	46785

(2) The use of a controlled substance as defined in section	46786
3719.01 of the Revised Code, a harmful intoxicant as defined in	46787
section 2925.01 of the Revised Code, or a dangerous drug as	46788
defined in section 4729.01 of the Revised Code, to the extent that	46789
the user becomes physically or psychologically dependent on the	46790
substance, intoxicant, or drug or endangers the user's health,	46791
safety, or welfare or that of others.	46792

(B) The board of nursing may abstain from taking disciplinary	46793
action under section 4723.28 or 4723.86 of the Revised Code	46794
against an individual with a chemical dependency if it finds that	46795
the individual can be treated effectively and there is no	46796
impairment of the individual's ability to practice according to	46797
acceptable and prevailing standards of safe care. The board shall	46798
establish a chemical dependency monitoring program to monitor the	46799
registered nurses, licensed practical nurses, and dialysis	46800
technicians, and certified community health workers against whom	46801
the board has abstained from taking action. The board shall	46802
develop the program, select the program's name, and designate a	46803
coordinator to administer the program.	46804

(C) The board shall adopt rules in accordance with Chapter	46805
119. of the Revised Code that establish the following:	46806

(1) Eligibility requirements for admission to and continued	46807
participation in the monitoring program;	46808

(2) Terms and conditions that must be met to participate in	46809
and successfully complete the program;	46810

(3) Procedures for keeping confidential records regarding	46811
participants;	46812

(4) Any other requirements or procedures necessary to	46813
establish and administer the program.	46814

(D)(1) As a condition of being admitted to the monitoring	46815
program, an individual shall surrender to the program coordinator	46816
the license or certificate that the individual holds. While the	46817
surrender is in effect, the individual is prohibited from engaging	46818
in the practice of nursing or, engaging in the provision of	46819
dialysis care, or engaging in the provision of services that were	46820
being provided as a certified community health worker.	46821

If the program coordinator determines that a participant is	46822
capable of resuming practice according to acceptable and	46823
prevailing standards of safe care, the coordinator shall return	46824
the participant's license or certificate. If the participant	46825
violates the terms and conditions of resumed practice, the program	46826
coordinator shall require the participant to surrender the license	46827
or certificate as a condition of continued participation in the	46828
program. The coordinator may require the surrender only on the	46829
approval of the board's supervising member for disciplinary	46830
matters.	46831

The surrender of a license or certificate on admission to the	46832
monitoring program or while participating in the program does not	46833
constitute an action by the board under section 4723.28 or 4723.86	46834
of the Revised Code. The participant may rescind the surrender at	46835
any time and the board may proceed by taking action under section	46836
4723.28 or 4723.86 of the Revised Code.	46837

(2) If the program coordinator determines that a participant	46838
is significantly out of compliance with the terms and conditions	46839
for participation, the coordinator shall notify the board's	46840
supervising member for disciplinary matters and the supervising	46841
member shall temporarily suspend the participant's license or	46842
certificate. The program coordinator shall notify the participant	46843
of the suspension by certified mail sent to the participant's last	46844
known address and shall refer the matter to the board for formal	46845
action under section 4723.28 or 4723.86 of the Revised Code.	46846

(E) All of the following apply with respect to the receipt,	46847
release, and maintenance of records and information by the	46848
monitoring program:	46849

(1) The program coordinator shall maintain all records in the	46850
board's office for a period of five years.	46851

(2) When applying to participate in the monitoring program,	46852
the applicant shall sign a waiver permitting the program	46853
coordinator to receive and release information necessary for the	46854
coordinator to determine whether the individual is eligible for	46855
admission. After being admitted, the participant shall sign a	46856
waiver permitting the program coordinator to receive and release	46857
information necessary to determine whether the individual is	46858
eligible for continued participation in the program. Information	46859
that may be necessary for the program coordinator to determine	46860
eligibility for admission or continued participation in the	46861
monitoring program includes, but is not limited to, information	46862
provided to and by employers, probation officers, law enforcement	46863
agencies, peer assistance programs, health professionals, and	46864
treatment providers. No entity with knowledge that the information	46865
has been provided to the monitoring program shall divulge that	46866
knowledge to any other person.	46867

(3) Except as provided in division (E)(4) of this section,	46868
all records pertaining to an individual's application for or	46869
participation in the monitoring program, including medical	46870
records, treatment records, and mental health records, shall be	46871
confidential. The records are not public records for the purposes	46872
of section 149.43 of the Revised Code and are not subject to	46873
discovery by subpoena or admissible as evidence in any judicial	46874
proceeding.	46875

(4) The program coordinator may disclose information	46876
regarding a participant's progress in the program to any person or	46877
government entity that the participant authorizes in writing to be	46878
given the information. In disclosing information under this	46879
division, the coordinator shall not include any information that	46880
is protected under section 3793.13 of the Revised Code or any	46881
federal statute or regulation that provides for the	46882
confidentiality of medical, mental health, or substance abuse	46883
records.	46884

(F) In the absence of fraud or bad faith, the program	46885
coordinator, the board of nursing, and the board's employees and	46886
representatives are not liable for damages in any civil action as	46887
a result of disclosing information in accordance with division	46888
(E)(4) of this section. In the absence of fraud or bad faith, any	46889
person reporting to the program with regard to an individual's	46890
chemical dependence, or the progress or lack of progress of that	46891
individual with regard to treatment, is not liable for damages in	46892
any civil action as a result of the report.	46893

Sec. 4723.431.  (A) Except as provided in division (C)(1) of	46894
this section, a clinical nurse specialist, certified	46895
nurse-midwife, or certified nurse practitioner may practice only	46896
in accordance with a standard care arrangement entered into with	46897
each physician or podiatrist with whom the nurse collaborates. A	46898
copy of the standard care arrangement shall be retained on file at	46899
each site where the nurse practices. Prior approval of the	46900
standard care arrangement by the board of nursing is not required,	46901
but the board may periodically review it for compliance with this	46902
section.	46903

A clinical nurse specialist, certified nurse-midwife, or	46904
certified nurse practitioner may enter into a standard care	46905
arrangement with one or more collaborating physicians or	46906
podiatrists. Each physician or podiatrist must be actively engaged	46907
in direct clinical practice in this state and practicing in a	46908
specialty that is the same as or similar to the nurse's nursing	46909
specialty. If a collaborating physician or podiatrist enters into	46910
standard care arrangements with more than three nurses who hold	46911
certificates to prescribe issued under section 4723.48 of the	46912
Revised Code, the physician or podiatrist shall not collaborate at	46913
the same time with more than three of the nurses in the	46914
prescribing component of their practices.	46915

(B) A standard care arrangement shall be in writing and,	46916
except as provided in division (C)(2) of this section, shall	46917
contain all of the following:	46918

(1) Criteria for referral of a patient by the clinical nurse	46919
specialist, certified nurse-midwife, or certified nurse	46920
practitioner to a collaborating physician or podiatrist;	46921

(2) A process for the clinical nurse specialist, certified	46922
nurse-midwife, or certified nurse practitioner to obtain a	46923
consultation with a collaborating physician or podiatrist;	46924

(3) A plan for coverage in instances of emergency or planned	46925
absences of either the clinical nurse specialist, certified	46926
nurse-midwife, or certified nurse practitioner or a collaborating	46927
physician or podiatrist that provides the means whereby a	46928
physician or podiatrist is available for emergency care;	46929

(4) The process for resolution of disagreements regarding	46930
matters of patient management between the clinical nurse	46931
specialist, certified nurse-midwife, or certified nurse	46932
practitioner and a collaborating physician or podiatrist;	46933

(5) A procedure for a regular review of the referrals by the	46934
clinical nurse specialist, certified nurse-midwife, or certified	46935
nurse practitioner to other health care professionals and the care	46936
outcomes for a random sample of all patients seen by the nurse;	46937

(6) If the clinical nurse specialist or certified nurse	46938
practitioner regularly provides services to infants, a policy for	46939
care of infants up to age one and recommendations for	46940
collaborating physician visits for children from birth to age	46941
three;	46942

(7) Any other criteria required by rule of the board adopted	46943
pursuant to section 4723.07 or 4723.50 of the Revised Code.	46944

(C) A standard care arrangement entered into pursuant to this	46945
section may permit a clinical nurse specialist, certified	46946
nurse-midwife, or certified nurse practitioner to supervise	46947
services provided by a home health agency as defined in section	46948
3701.881 of the Revised Code.	46949

(D)(1) A clinical nurse specialist who does not hold a	46950
certificate to prescribe and whose nursing specialty is mental	46951
health or psychiatric mental health, as determined by the board,	46952
is not required to enter into a standard care arrangement, but	46953
shall practice in collaboration with one or more physicians.	46954

(2) If a clinical nurse specialist practicing in either of	46955
the specialties specified in division (C)(1) of this section holds	46956
a certificate to prescribe, the nurse shall enter into a standard	46957
care arrangement with one or more physicians. The standard care	46958
arrangement must meet the requirements of division (B) of this	46959
section, but only to the extent necessary to address the	46960
prescribing component of the nurse's practice.	46961

(D)(E) Nothing in this section prohibits a hospital from	46962
hiring a clinical nurse specialist, certified nurse-midwife, or	46963
certified nurse practitioner as an employee and negotiating	46964
standard care arrangements on behalf of the employee as necessary	46965
to meet the requirements of this section. A standard care	46966
arrangement between the hospital's employee and the employee's	46967
collaborating physician is subject to approval by the medical	46968
staff and governing body of the hospital prior to implementation	46969
of the arrangement at the hospital.	46970

Sec. 4723.63.  On receipt of a notice pursuant to section	46971
3123.43 of the Revised Code, the board of nursing shall comply	46972
with sections 3123.41 to 3123.50 of the Revised Code and any	46973
applicable rules adopted under section 3123.63 of the Revised Code	46974
with respect to a nursing license or, dialysis technician	46975
certificate, or community health worker certificate issued	46976
pursuant to this chapter.	46977

Sec. 4723.81. The board of nursing shall develop and	46978
implement a program for the certification of community health	46979
workers. The board shall begin issuing community health worker	46980
certificates under section 4723.85 of the Revised Code not later	46981
than February 1, 2005.	46982

The certification program shall reflect the board's	46983
recognition of individuals who, as community representatives,	46984
advocate for individuals and groups in the community by assisting	46985
them in accessing community health and supportive resources	46986
through the provision of such services as education, role	46987
modeling, outreach, home visits, and referrals, any of which may	46988
be targeted toward an individual, family, or entire community. The	46989
certification program also shall reflect the board's recognition	46990
of the individuals as members of the community with a unique	46991
perspective of community needs that enables them to develop	46992
culturally appropriate solutions to problems and translate the	46993
solutions into practice.	46994

The certification program does not require an individual to	46995
obtain a community health worker certificate as a means of	46996
authorizing the individual to perform any of the activities that	46997
may be performed by an individual who holds a community health	46998
worker certificate.	46999

Sec. 4723.82. (A) An individual who holds a current, valid	47000
community health worker certificate issued by the board of nursing	47001
under section 4723.85 of the Revised Code may use the title	47002
"certified community health worker" or "community health worker."	47003
When providing services within the community, the certificate	47004
holder may represent to the public that the individual is	47005
providing the services under either title.	47006

(B)(1) Holding a community health worker certificate does not	47007
authorize an individual to administer medications or perform any	47008
other activity that requires judgment based on nursing knowledge	47009
or expertise. Any activities performed by a certified community	47010
health worker that are related to nursing care shall be performed	47011
only pursuant to the delegation of a registered nurse acting in	47012
accordance with the rules for delegation adopted under this	47013
chapter. Any other health-related activities performed by a	47014
certified community health worker shall be performed only under	47015
the supervision of a health professional acting within the scope	47016
of the professional's practice.	47017

Only a registered nurse may supervise a certified community	47018
health worker when performing delegated activities related to	47019
nursing care. The registered nurse supervising a certified	47020
community health worker shall provide the supervision in	47021
accordance with the rules for delegation adopted under this	47022
chapter and the rules for supervision of community health workers	47023
adopted under section 4723.88 of the Revised Code, including the	47024
rules limiting the number of certified community health workers	47025
who may be supervised at any one time.	47026

(2) A registered nurse who delegates activities to a	47027
certified community health worker or supervises a certified	47028
community health worker in the performance of delegated activities	47029
is not liable in damages to any person or government entity in a	47030
civil action for injury, death, or loss to person or property that	47031
allegedly arises from an action or omission of the certified	47032
community health worker in performing the activities, if the	47033
registered nurse delegates the activities or provides the	47034
supervision in accordance with this chapter and the rules adopted	47035
under this chapter.	47036

Sec. 4723.83. (A) An individual seeking a community health	47037
worker certificate shall submit an application to the board of	47038
nursing on forms the board shall prescribe and furnish. The	47039
applicant shall include all information the board requires to	47040
process the application. The application shall be accompanied by	47041
the fee established in rules adopted under section 4723.88 of the	47042
Revised Code.	47043

(B) An applicant for a community health worker certificate	47044
shall submit a request to the bureau of criminal identification	47045
and investigation for a criminal records check of the applicant.	47046
The request shall be on the form prescribed pursuant to division	47047
(C)(1) of section 109.572 of the Revised Code, accompanied by a	47048
standard impression sheet to obtain fingerprints prescribed	47049
pursuant to division (C)(2) of that section, and accompanied by	47050
the fee prescribed pursuant to division (C)(3) of that section. On	47051
receipt of the completed form, the completed impression sheet, and	47052
the fee, the bureau shall conduct a criminal records check of the	47053
applicant. On completion of the criminal records check, the bureau	47054
shall send the results of the check to the board. The applicant	47055
shall ask the superintendent of the bureau of criminal	47056
identification and investigation to request that the federal	47057
bureau of investigation provide the superintendent with any	47058
information it has with respect to the applicant.	47059

The results of any criminal records check conducted pursuant	47060
to a request made under this section, and any report containing	47061
those results, are not public records for purposes of section	47062
149.43 of the Revised Code and shall not be made available to any	47063
person or for any purpose other than the following:	47064

(1) The results may be made available to any person for use	47065
in determining whether the individual who is the subject of the	47066
check should be issued a community health worker certificate.	47067

(2) The results may be made available to the individual who	47068
is the subject of the check or that individual's representative.	47069

Sec. 4723.84. (A) To be eligible to receive a community	47070
health worker certificate, an applicant shall meet all of the	47071
following conditions:	47072

(1) Be eighteen years of age or older;

47073

(2) Possess a high school diploma or the equivalent of a high	47074
school diploma, as determined by the board;	47075

(3) Except as provided in division (B) of this section,	47076
successfully complete a community health worker training program	47077
approved by the board under section 4723.87 of the Revised Code;	47078

(4) Have results on the criminal records check requested	47079
under section 4723.83 of the Revised Code indicating that the	47080
individual has not been convicted of, has not pleaded guilty to,	47081
and has not had a judicial finding of guilt for violating section	47082
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03,	47083
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a	47084
substantially similar law of another state, the United States, or	47085
another country;	47086

(5) Meet all other requirements the board specifies in rules	47087
adopted under section 4723.88 of the Revised Code.	47088

(B) In lieu of meeting the condition of completing a	47089
community health worker training program, an applicant may be	47090
issued a community health worker certificate if the individual was	47091
employed in a capacity substantially the same as a community	47092
health worker before the board implemented the certification	47093
program. To be eligible under this division, an applicant must	47094
meet the requirements specified in rules adopted by the board	47095
under section 4723.88 of the Revised Code and provide	47096
documentation from the employer attesting to the employer's belief	47097
that the applicant is competent to perform activities as a	47098
certified community health worker.	47099

Sec. 4723.85. (A) The board of nursing shall review all	47100
applications received under section 4723.83 of the Revised Code.	47101
If an applicant meets the requirements of section 4723.84 of the	47102
Revised Code, the board shall issue a community health worker	47103
certificate to the applicant.	47104

(B) A community health worker certificate issued under this	47105
section expires biennially and may be renewed in accordance with	47106
the schedule and procedures established by the board in rules	47107
adopted under section 4723.88 of the Revised Code. To be eligible	47108
for renewal, an individual must complete the continuing education	47109
requirements established by the board in rules adopted under	47110
section 4723.88 of the Revised Code and meet all other	47111
requirements for renewal, as specified in the board's rules	47112
adopted under that section. If an applicant for renewal has	47113
successfully completed the continuing education requirements and	47114
meets all other requirements for renewal, the board shall issue a	47115
renewed community health worker certificate to the applicant.	47116

Sec. 4723.86. The board of nursing, by vote of a quorum, may	47117
deny, revoke, or suspend a community health worker certificate.	47118
The board may impose one or more of the sanctions against an	47119
applicant or certificate holder for any of the reasons it	47120
specifies in rules adopted under section 4723.88 of the Revised	47121
Code. All actions to impose a sanction shall be taken in	47122
accordance with Chapter 119. of the Revised Code.	47123

Sec. 4723.87. (A) A person or government entity seeking to	47124
operate a training program that prepares individuals to become	47125
certified community health workers shall submit an application to	47126
the board of nursing on forms the board shall prescribe and	47127
furnish. The applicant shall include all information the board	47128
requires to process the application. The application shall be	47129
accompanied by the fee established in rules adopted under section	47130
4723.87 of the Revised Code.	47131

The board shall review all applications received. If an	47132
applicant meets the standards for approval established in the	47133
board's rules adopted under section 4723.88 of the Revised Code,	47134
the board shall approve the program.	47135

(B) The board's approval of a training program expires	47136
biennially and may be renewed in accordance with the schedule and	47137
procedures established by the board in rules adopted under section	47138
4723.88 of the Revised Code.	47139

(C) If an approved community health worker training program	47140
ceases to meet the standards for approval, the board shall	47141
withdraw its approval of the program, refuse to renew its approval	47142
of the program, or place the program on provisional approval. In	47143
withdrawing or refusing to renew its approval, the board shall act	47144
in accordance with Chapter 119. of the Revised Code. In placing a	47145
program on provisional approval, the board shall specify the	47146
period of time during which the provisional approval is valid. At	47147
the end of the period, the board shall reconsider whether the	47148
program meets the standards for approval. If the program meets the	47149
standards for approval, the board shall reinstate its full	47150
approval of the program or renew its approval of the program. If	47151
the program does not meet the standards for approval, the board	47152
shall proceed by withdrawing or refusing to renew its approval of	47153
the program.	47154

Sec. 4723.88. The board of nursing, in accordance with	47155
Chapter 119. of the Revised Code, shall adopt rules to administer	47156
and enforce sections 4723.81 to 4723.87 of the Revised Code. The	47157
rules shall establish all of the following:	47158

(A) Standards and procedures for issuance of community health	47159
worker certificates;	47160

(B) Standards for evaluating the competency of an individual	47161
who applies to receive a certificate on the basis of having been	47162
employed in a capacity substantially the same as a community	47163
health worker before the board implemented the certification	47164
program;	47165

(C) Standards and procedures for renewal of community health	47166
worker certificates, including the continuing education	47167
requirements that must be met for renewal;	47168

(D) Standards governing the performance of activities related	47169
to nursing care that are delegated by a registered nurse to	47170
certified community health workers. In establishing the standards,	47171
the board shall specify limits on the number of certified	47172
community health workers a registered nurse may supervise at any	47173
one time.	47174

(E) Standards and procedures for assessing the quality of the	47175
services that are provided by certified community health workers;	47176

(F) Standards and procedures for denying, suspending, and	47177
revoking a community health worker certificate, including reasons	47178
for imposing the sanctions that are substantially similar to the	47179
reasons that sanctions are imposed under section 4723.28 of the	47180
Revised Code;	47181

(G) Standards and procedures for approving and renewing the	47182
board's approval of training programs that prepare individuals to	47183
become certified community health workers. In establishing the	47184
standards, the board shall specify the minimum components that	47185
must be included in a training program, shall require that all	47186
approved training programs offer the standardized curriculum, and	47187
shall ensure that the curriculum enables individuals to use the	47188
training as a basis for entering programs leading to other	47189
careers, including nursing education programs.	47190

(H) Standards and procedures for withdrawing the board's	47191
approval of a training program, refusing to renew the approval of	47192
a training program, and placing a training program on provisional	47193
approval;	47194

(I) Amounts for each fee that may be imposed under division	47195
(A)(25) of section 4723.08 of the Revised Code;	47196

(J) Any other standards or procedures the board considers	47197
necessary and appropriate for the administration and enforcement	47198
of sections 4723.81 to 4723.87 of the Revised Code.	47199

Sec. 4729.01. As used in this chapter:

47200

(A) "Pharmacy," except when used in a context that refers to	47201
the practice of pharmacy, means any area, room, rooms, place of	47202
business, department, or portion of any of the foregoing where the	47203
practice of pharmacy is conducted.	47204

(B) "Practice of pharmacy" means providing pharmacist care	47205
requiring specialized knowledge, judgment, and skill derived from	47206
the principles of biological, chemical, behavioral, social,	47207
pharmaceutical, and clinical sciences. As used in this division,	47208
"pharmacist care" includes the following:	47209

(1) Interpreting prescriptions;

47210

(2) Compounding or dispensing drugs and dispensing drug	47211
therapy related devices;	47212

(3) Counseling individuals with regard to their drug therapy,	47213
recommending drug therapy related devices, and assisting in the	47214
selection of drugs and appliances for treatment of common diseases	47215
and injuries and providing instruction in the proper use of the	47216
drugs and appliances;	47217

(4) Performing drug regimen reviews with individuals by	47218
discussing all of the drugs that the individual is taking and	47219
explaining the interactions of the drugs;	47220

(5) Performing drug utilization reviews with licensed health	47221
professionals authorized to prescribe drugs when the pharmacist	47222
determines that an individual with a prescription has a drug	47223
regimen that warrants additional discussion with the prescriber;	47224

(6) Advising an individual and the health care professionals	47225
treating an individual with regard to the individual's drug	47226
therapy;	47227

(7) Acting pursuant to a consult agreement with a physician	47228
authorized under Chapter 4731. of the Revised Code to practice	47229
medicine and surgery or osteopathic medicine and surgery, if an	47230
agreement has been established with the physician;	47231

(8) Administering by injection the adult immunizations	47232
specified in section 4729.41 of the Revised Code, if the	47233
pharmacist has met the requirements of that section.	47234

(C) "Compounding" means the preparation, mixing, assembling,	47235
packaging, and labeling of one or more drugs in any of the	47236
following circumstances:	47237

(1) Pursuant to a prescription issued by a licensed health	47238
professional authorized to prescribe drugs;	47239

(2) Pursuant to the modification of a prescription made in	47240
accordance with a consult agreement;	47241

(3) As an incident to research, teaching activities, or	47242
chemical analysis;	47243

(4) In anticipation of prescription drug orders based on	47244
routine, regularly observed dispensing patterns.	47245

(D) "Consult agreement" means an agreement to manage an	47246
individual's drug therapy that has been entered into by a	47247
pharmacist and a physician authorized under Chapter 4731. of the	47248
Revised Code to practice medicine and surgery or osteopathic	47249
medicine and surgery.	47250

(E) "Drug" means:

47251

(1) Any article recognized in the United States pharmacopoeia	47252
and national formulary, or any supplement to them, intended for	47253
use in the diagnosis, cure, mitigation, treatment, or prevention	47254
of disease in humans or animals;	47255

(2) Any other article intended for use in the diagnosis,	47256
cure, mitigation, treatment, or prevention of disease in humans or	47257
animals;	47258

(3) Any article, other than food, intended to affect the	47259
structure or any function of the body of humans or animals;	47260

(4) Any article intended for use as a component of any	47261
article specified in division (C)(1), (2), or (3) of this section;	47262
but does not include devices or their components, parts, or	47263
accessories.	47264

(F) "Dangerous drug" means any of the following:

47265

(1) Any drug to which either of the following applies:

47266

(a) Under the "Federal Food, Drug, and Cosmetic Act," 52	47267
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is	47268
required to bear a label containing the legend "Caution: Federal	47269
law prohibits dispensing without prescription" or "Caution:	47270
Federal law restricts this drug to use by or on the order of a	47271
licensed veterinarian" or any similar restrictive statement, or	47272
the drug may be dispensed only upon a prescription;	47273

(b) Under Chapter 3715. or 3719. of the Revised Code, the	47274
drug may be dispensed only upon a prescription.	47275

(2) Any drug that contains a schedule V controlled substance	47276
and that is exempt from Chapter 3719. of the Revised Code or to	47277
which that chapter does not apply;	47278

(3) Any drug intended for administration by injection into	47279
the human body other than through a natural orifice of the human	47280
body.	47281

(G) "Federal drug abuse control laws" has the same meaning as	47282
in section 3719.01 of the Revised Code.	47283

(H) "Prescription" means a written, electronic, or oral order	47284
for drugs or combinations or mixtures of drugs to be used by a	47285
particular individual or for treating a particular animal, issued	47286
by a licensed health professional authorized to prescribe drugs.	47287

(I) "Licensed health professional authorized to prescribe	47288
drugs" or "prescriber" means an individual who is authorized by	47289
law to prescribe drugs or dangerous drugs or drug therapy related	47290
devices in the course of the individual's professional practice,	47291
including only the following:	47292

(1) A dentist licensed under Chapter 4715. of the Revised	47293
Code;	47294

(2) Until January 17, 2000, an advanced practice nurse	47295
approved under section 4723.56 of the Revised Code to prescribe	47296
drugs and therapeutic devices;	47297

(3) A clinical nurse specialist, certified nurse-midwife, or	47298
certified nurse practitioner who holds a certificate to prescribe	47299
issued under section 4723.48 of the Revised Code;	47300

(4) An optometrist licensed under Chapter 4725. of the	47301
Revised Code to practice optometry under a therapeutic	47302
pharmaceutical agents certificate;	47303

(5) A physician authorized under Chapter 4731. of the Revised	47304
Code to practice medicine and surgery, osteopathic medicine and	47305
surgery, or podiatry;	47306

(6) A veterinarian licensed under Chapter 4741. of the	47307
Revised Code.	47308

(J) "Sale" and "sell" include delivery, transfer, barter,	47309
exchange, or gift, or offer therefor, and each such transaction	47310
made by any person, whether as principal proprietor, agent, or	47311
employee.	47312

(K) "Wholesale sale" and "sale at wholesale" mean any sale in	47313
which the purpose of the purchaser is to resell the article	47314
purchased or received by the purchaser.	47315

(L) "Retail sale" and "sale at retail" mean any sale other	47316
than a wholesale sale or sale at wholesale.	47317

(M) "Retail seller" means any person that sells any dangerous	47318
drug to consumers without assuming control over and responsibility	47319
for its administration. Mere advice or instructions regarding	47320
administration do not constitute control or establish	47321
responsibility.	47322

(N) "Price information" means the price charged for a	47323
prescription for a particular drug product and, in an easily	47324
understandable manner, all of the following:	47325

(1) The proprietary name of the drug product;

47326

(2) The established (generic) name of the drug product;

47327

(3) The strength of the drug product if the product contains	47328
a single active ingredient or if the drug product contains more	47329
than one active ingredient and a relevant strength can be	47330
associated with the product without indicating each active	47331
ingredient. The established name and quantity of each active	47332
ingredient are required if such a relevant strength cannot be so	47333
associated with a drug product containing more than one	47334
ingredient.	47335

(4) The dosage form;

47336

(5) The price charged for a specific quantity of the drug	47337
product. The stated price shall include all charges to the	47338
consumer, including, but not limited to, the cost of the drug	47339
product, professional fees, handling fees, if any, and a statement	47340
identifying professional services routinely furnished by the	47341
pharmacy. Any mailing fees and delivery fees may be stated	47342
separately without repetition. The information shall not be false	47343
or misleading.	47344

(O) "Wholesale distributor of dangerous drugs" means a person	47345
engaged in the sale of dangerous drugs at wholesale and includes	47346
any agent or employee of such a person authorized by the person to	47347
engage in the sale of dangerous drugs at wholesale.	47348

(P) "Manufacturer of dangerous drugs" means a person, other	47349
than a pharmacist, who manufactures dangerous drugs and who is	47350
engaged in the sale of those dangerous drugs within this state.	47351

(Q) "Terminal distributor of dangerous drugs" means a person	47352
who is engaged in the sale of dangerous drugs at retail, or any	47353
person, other than a wholesale distributor or a pharmacist, who	47354
has possession, custody, or control of dangerous drugs for any	47355
purpose other than for that person's own use and consumption, and	47356
includes pharmacies, hospitals, nursing homes, and laboratories	47357
and all other persons who procure dangerous drugs for sale or	47358
other distribution by or under the supervision of a pharmacist or	47359
licensed health professional authorized to prescribe drugs.	47360

(R) "Promote to the public" means disseminating a	47361
representation to the public in any manner or by any means, other	47362
than by labeling, for the purpose of inducing, or that is likely	47363
to induce, directly or indirectly, the purchase of a dangerous	47364
drug at retail.	47365

(S) "Person" includes any individual, partnership,	47366
association, limited liability company, or corporation, the state,	47367
any political subdivision of the state, and any district,	47368
department, or agency of the state or its political subdivisions.	47369

(T) "Finished dosage form" has the same meaning as in section	47370
3715.01 of the Revised Code.	47371

(U) "Generically equivalent drug" has the same meaning as in	47372
section 3715.01 of the Revised Code.	47373

(V) "Animal shelter" means a facility operated by a humane	47374
society or any society organized under Chapter 1717. of the	47375
Revised Code or a dog pound operated pursuant to Chapter 955. of	47376
the Revised Code.	47377

(W) "Food" has the same meaning as in section 3715.01 of the	47378
Revised Code.	47379

Sec. 4729.41. (A) A pharmacist licensed under this chapter	47380
who meets the requirements of division (B) of this section may	47381
administer, by injection, adult immunizations for any of the	47382
following:	47383

(1) Influenza;

47384

(2) Pneumonia;

47385

(3) Tetanus;

47386

(4) Hepatitis A;

47387

(5) Hepatitis B.

47388

(B) To be authorized to administer the adult immunizations	47389
specified in division (A) of this section, a pharmacist shall do	47390
all of the following:	47391

(1) Successfully complete a course in the administration of	47392
adult immunizations that has been approved by the state board of	47393
pharmacy as meeting the standards established for such courses by	47394
the centers for disease control and prevention in the public	47395
health service of the United States department of health and human	47396
services;	47397

(2) Receive and maintain certification to perform basic	47398
life-support procedures by successfully completing a basic	47399
life-support training course certified by the American red cross	47400
or American heart association;	47401

(3) Practice in accordance with a definitive set of treatment	47402
guidelines specified in a protocol established by a physician and	47403
approved by the state board of pharmacy. The protocol shall	47404
include provisions requiring that the pharmacist do both of the	47405
following:	47406

(a) Observe an individual who has been immunized by the	47407
pharmacist to determine whether the individual has an adverse	47408
reaction to the immunization. The length of time and location of	47409
the observation shall be specified in rules adopted by the state	47410
board of pharmacy under division (D) of this section.	47411

(b) Not later than thirty days after administering an adult	47412
immunization to an individual, notify the individual's family	47413
physician or, if the individual has no family physician, the board	47414
of health of the health district in which the individual resides.	47415

(C) No pharmacist shall do either of the following:

47416

(1) Engage in the administration of adult immunizations by	47417
injection unless the requirements of division (B) of this section	47418
have been met;	47419

(2) Delegate to any person the pharmacist's authority to	47420
administer adult immunizations.	47421

(D) The state board of pharmacy shall adopt rules to	47422
implement this section, including rules for approval of courses in	47423
administration of adult immunizations and approval of protocols to	47424
be followed by pharmacists in administering adult immunizations.	47425
Prior to adopting the rules regarding approval of protocols, the	47426
state board of pharmacy shall consult with the state medical board	47427
and the board of nursing. The rules shall be adopted in accordance	47428
with Chapter 119. of the Revised Code.	47429

Sec. 4731.27.  (A) As used in this section, "collaboration,"	47430
"physician," "standard care arrangement," and "supervision" have	47431
the same meanings as in section 4723.01 of the Revised Code.	47432

(B) Except as provided in division (C)(D)(1) of section	47433
4723.431 of the Revised Code, a physician or podiatrist shall	47434
enter into a standard care arrangement with each clinical nurse	47435
specialist, certified nurse-midwife, or certified nurse	47436
practitioner with whom the physician or podiatrist is in	47437
collaboration. The collaborating physician or podiatrist shall	47438
fulfill the responsibilities of collaboration, as specified in the	47439
arrangement and in accordance with division (A) of section	47440
4723.431 of the Revised Code. A copy of the standard care	47441
arrangement shall be retained on file at each site where the nurse	47442
practices. Prior approval of the standard care arrangement by the	47443
state medical board is not required, but the board may	47444
periodically review it.	47445

Nothing in this division prohibits a hospital from hiring a	47446
clinical nurse specialist, certified nurse-midwife, or certified	47447
nurse practitioner as an employee and negotiating standard care	47448
arrangements on behalf of the employee as necessary to meet the	47449
requirements of this section. A standard care arrangement between	47450
the hospital's employee and the employee's collaborating physician	47451
is subject to approval by the medical staff and governing body of	47452
the hospital prior to implementation of the arrangement at the	47453
hospital.	47454

(C) With respect to a clinical nurse specialist, certified	47455
nurse-midwife, or certified nurse practitioner participating in an	47456
externship pursuant to an initial certificate to prescribe issued	47457
under section 4723.48 of the Revised Code, the physician	47458
responsible for evaluating the externship shall provide the state	47459
medical board with the name of the nurse. If the externship is	47460
terminated for any reason, the physician shall notify the board.	47461

(D) A physician or podiatrist shall cooperate with the board	47462
of nursing in any investigation the board conducts with respect to	47463
a clinical nurse specialist, certified nurse-midwife, or certified	47464
nurse practitioner who collaborates with the physician or	47465
podiatrist or with respect to a certified registered nurse	47466
anesthetist who practices with the supervision of the physician or	47467
podiatrist.	47468

Sec. 4731.65.  As used in sections 4731.65 to 4731.71 of the	47469
Revised Code:	47470

(A)(1) "Clinical laboratory services" means either of the	47471
following:	47472

(a) Any examination of materials derived from the human body	47473
for the purpose of providing information for the diagnosis,	47474
prevention, or treatment of any disease or impairment or for the	47475
assessment of health;	47476

(b) Procedures to determine, measure, or otherwise describe	47477
the presence or absence of various substances or organisms in the	47478
body.	47479

(2) "Clinical laboratory services" does not include the mere	47480
collection or preparation of specimens.	47481

(B) "Designated health services" means any of the following:

47482

(1) Clinical laboratory services;

47483

(2) Home health care services;

47484

(3) Outpatient prescription drugs.

47485

(C) "Fair market value" means the value in arms-length	47486
transactions, consistent with general market value and:	47487

(1) With respect to rentals or leases, the value of rental	47488
property for general commercial purposes, not taking into account	47489
its intended use;	47490

(2) With respect to a lease of space, not adjusted to reflect	47491
the additional value the prospective lessee or lessor would	47492
attribute to the proximity or convenience to the lessor if the	47493
lessor is a potential source of referrals to the lessee.	47494

(D) "Governmental health care program" means any program	47495
providing health care benefits that is administered by the federal	47496
government, this state, or a political subdivision of this state,	47497
including the medicare program established under Title XVIII of	47498
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	47499
as amended, health care coverage for public employees, health care	47500
benefits administered by the bureau of workers' compensation, the	47501
medical assistance program established under Chapter 5111. of the	47502
Revised Code, and the disability assistance medical assistance	47503
program established under Chapter 5115. of the Revised Code.	47504

(E)(1) "Group practice" means a group of two or more holders	47505
of certificates under this chapter legally organized as a	47506
partnership, professional corporation or association, limited	47507
liability company, foundation, nonprofit corporation, faculty	47508
practice plan, or similar group practice entity, including an	47509
organization comprised of a nonprofit medical clinic that	47510
contracts with a professional corporation or association of	47511
physicians to provide medical services exclusively to patients of	47512
the clinic in order to comply with section 1701.03 of the Revised	47513
Code and including a corporation, limited liability company,	47514
partnership, or professional association described in division (B)	47515
of section 4731.226 of the Revised Code formed for the purpose of	47516
providing a combination of the professional services of	47517
optometrists who are licensed, certificated, or otherwise legally	47518
authorized to practice optometry under Chapter 4725. of the	47519
Revised Code, chiropractors who are licensed, certificated, or	47520
otherwise legally authorized to practice chiropractic under	47521
Chapter 4734. of the Revised Code, psychologists who are licensed,	47522
certificated, or otherwise legally authorized to practice	47523
psychology under Chapter 4732. of the Revised Code, registered or	47524
licensed practical nurses who are licensed, certificated, or	47525
otherwise legally authorized to practice nursing under Chapter	47526
4723. of the Revised Code, pharmacists who are licensed,	47527
certificated, or otherwise legally authorized to practice pharmacy	47528
under Chapter 4729. of the Revised Code, physical therapists who	47529
are licensed, certificated, or otherwise legally authorized to	47530
practice physical therapy under sections 4755.40 to 4755.53 of the	47531
Revised Code, mechanotherapists who are licensed, certificated, or	47532
otherwise legally authorized to practice mechanotherapy under	47533
section 4731.151 of the Revised Code, and doctors of medicine and	47534
surgery, osteopathic medicine and surgery, or podiatric medicine	47535
and surgery who are licensed, certificated, or otherwise legally	47536
authorized for their respective practices under this chapter, to	47537
which all of the following apply:	47538

(a) Each physician who is a member of the group practice	47539
provides substantially the full range of services that the	47540
physician routinely provides, including medical care,	47541
consultation, diagnosis, or treatment, through the joint use of	47542
shared office space, facilities, equipment, and personnel.	47543

(b) Substantially all of the services of the members of the	47544
group are provided through the group and are billed in the name of	47545
the group and amounts so received are treated as receipts of the	47546
group.	47547

(c) The overhead expenses of and the income from the practice	47548
are distributed in accordance with methods previously determined	47549
by members of the group.	47550

(d) The group practice meets any other requirements that the	47551
state medical board applies in rules adopted under section 4731.70	47552
of the Revised Code.	47553

(2) In the case of a faculty practice plan associated with a	47554
hospital with a medical residency training program in which	47555
physician members may provide a variety of specialty services and	47556
provide professional services both within and outside the group,	47557
as well as perform other tasks such as research, the criteria in	47558
division (E)(1) of this section apply only with respect to	47559
services rendered within the faculty practice plan.	47560

(F) "Home health care services" and "immediate family" have	47561
the same meanings as in the rules adopted under section 4731.70 of	47562
the Revised Code.	47563

(G) "Hospital" has the same meaning as in section 3727.01 of	47564
the Revised Code.	47565

(H) A "referral" includes both of the following:

47566

(1) A request by a holder of a certificate under this chapter	47567
for an item or service, including a request for a consultation	47568
with another physician and any test or procedure ordered by or to	47569
be performed by or under the supervision of the other physician;	47570

(2) A request for or establishment of a plan of care by a	47571
certificate holder that includes the provision of designated	47572
health services.	47573

(I) "Third-party payer" has the same meaning as in section	47574
3901.38 of the Revised Code.	47575

Sec. 4731.71.  The auditor of state may implement procedures	47576
to detect violations of section 4731.66 or 4731.69 of the Revised	47577
Code within governmental health care programs administered by the	47578
state. The auditor of state shall report any violation of either	47579
section to the state medical board and shall certify to the	47580
attorney general in accordance with section 131.02 of the Revised	47581
Code the amount of any refund owed to a state-administered	47582
governmental health care program under section 4731.69 of the	47583
Revised Code as a result of a violation. If a refund is owed to	47584
the medical assistance program established under Chapter 5111. of	47585
the Revised Code or the disability assistance medical assistance	47586
program established under Chapter 5115. of the Revised Code, the	47587
auditor of state also shall report the amount to the department of	47588
commerce.	47589

The state medical board also may implement procedures to	47590
detect violations of section 4731.66 or 4731.69 of the Revised	47591
Code.	47592

Sec.  4734.15.  (A) The license provided for in this chapter	47593
shall entitle the holder thereof to practice chiropractic in this	47594
state. All of the following apply to the practice of chiropractic	47595
in this state:	47596

(1) A chiropractor is authorized to examine, diagnose, and	47597
assume responsibility for the care of patients, any or all of	47598
which is included in the practice of chiropractic.	47599

(2) The practice of chiropractic does not permit the	47600
chiropractor to treat infectious, contagious, or venereal disease,	47601
to perform surgery or acupuncture, or to prescribe or administer	47602
drugs for treatment.	47603

(3) A chiropractor may use roentgen rays only for diagnostic	47604
purposes.	47605

(4) The practice of chiropractic does not include the	47606
performance of abortions.	47607

(B) An individual holding a valid, current license to	47608
practice chiropractic is entitled to use the title "doctor,"	47609
"doctor of chiropractic," "chiropractic physician," or	47610
"chiropractic" and is a "physician" for the purposes of Chapter	47611
4123. of the Revised Code and the medicaid program operated	47612
pursuant to Chapter 5111. of the Revised Code.	47613

Sec. 4736.12.  (A) The state board of sanitarian registration	47614
shall charge the following fees:	47615

(1) To apply as a sanitarian-in-training, fifty-seven	47616
seventy-five dollars;	47617

(2) For sanitarians-in-training to apply for registration as	47618
sanitarians, fifty-sevenseventy-five dollars. The applicant shall	47619
pay this fee only once regardless of the number of times the	47620
applicant takes an examination required under section 4736.08 of	47621
the Revised Code.	47622

(3) For persons other than sanitarians-in-training to apply	47623
for registration as sanitarians, including persons meeting the	47624
requirements of section 4736.16 of the Revised Code, one hundred	47625
fourteenfifty dollars. The applicant shall pay this fee only once	47626
regardless of the number of times the applicant takes an	47627
examination required under section 4736.08 of the Revised Code.	47628

(4) The renewal fee for registered sanitarians shall be fixed	47629
by the board and shall not exceed sixty-onesixty-nine dollars.	47630

(5) The renewal fee for sanitarians-in-training shall be	47631
fixed by the board and shall not exceed sixty-onesixty-nine	47632
dollars.	47633

(6) For late application for renewal, twenty-five dollars.

47634

The board of sanitarian registration, with the approval of	47635
the controlling board, may establish fees in excess of the amounts	47636
provided in this section, provided that such fees do not exceed	47637
the amounts permitted by this section by more than fifty per cent.	47638

(B) The board of sanitarian registration shall charge	47639
separate fees for examinations as required by section 4736.08 of	47640
the Revised Code, provided that the fees are not in excess of the	47641
actual cost to the board of conducting the examinations.	47642

(C) The board of sanitarian registration may adopt rules	47643
establishing fees for all of the following:	47644

(1) Application for the registration of a training agency	47645
approved under rules adopted by the board pursuant to section	47646
4736.11 of the Revised Code and for the annual registration	47647
renewal of an approved training agency.	47648

(2) Application for the review of continuing education hours	47649
submitted for the board's approval by approved training agencies	47650
or by registered sanitarians or sanitarians-in-training.	47651

Sec. 4743.05.  Except as otherwise provided in sections	47652
4701.20, 4723.062, 4723.082, and 4729.65 of the Revised Code, all	47653
money collected under Chapters 3773., 4701., 4703., 4709., 4713.,	47654
4715., 4717., 4723., 4725., 4729., 4732., 4733., 4734., 4736.,	47655
4741., 4753., 4755., 4757., 4758., 4759., and 4761., 4771., and	47656
4779. of the Revised Code, and until December 31, 2004, money	47657
collected under Chapter 4779. of the Revised Code, shall be paid	47658
into the state treasury to the credit of the occupational	47659
licensing and regulatory fund, which is hereby created for use in	47660
administering such chapters.	47661

At the end of each quarter, the director of budget and	47662
management shall transfer from the occupational licensing and	47663
regulatory fund to the nurse education assistance fund created in	47664
section 3333.28 of the Revised Code the amount certified to the	47665
director under division (B) of section 4723.08 of the Revised	47666
Code.	47667

At the end of each quarter, the director shall transfer from	47668
the occupational licensing and regulatory fund to the certified	47669
public accountant education assistance fund created in section	47670
4701.26 of the Revised Code the amount certified to the director	47671
under division (H)(2) of section 4701.10 of the Revised Code.	47672

Sec. 4747.05.  (A) The hearing aid dealers and fitters	47673
licensing board shall issue to each applicant, within sixty days	47674
of receipt of a properly completed application and payment of two	47675
hundred fiftysixty-two dollars, a hearing aid dealer's or	47676
fitter's license if the applicant, if an individual:	47677

(1) Is at least eighteen years of age;

47678

(2) Is a person of good moral character;

47679

(3) Is free of contagious or infectious disease;

47680

(4) Has successfully passed a qualifying examination	47681
specified and administered by the board.	47682

(B) If the applicant is a firm, partnership, association, or	47683
corporation, the application, in addition to such information as	47684
the board requires, shall be accompanied by an application for a	47685
license for each person, whether owner or employee, of the firm,	47686
partnership, association, or corporation, who engages in dealing	47687
in or fitting of hearing aids, or shall contain a statement that	47688
such applications are submitted separately. No firm, partnership,	47689
association, or corporation licensed pursuant to this chapter	47690
shall permit any unlicensed person to sell or fit hearing aids.	47691

(C) Each license issued expires on the thirtieth day of	47692
January of the year following that in which it was issued.	47693

Sec. 4747.06.  (A) Each person engaged in the practice of	47694
dealing in or fitting of hearing aids who holds a valid hearing	47695
aid dealer's or fitter's license shall apply annually to the	47696
hearing aid dealers and fitters licensing board for renewal of	47697
such license under the standard renewal procedure specified in	47698
Chapter 4745. of the Revised Code. The board shall issue to each	47699
applicant, on proof of completion of the continuing education	47700
required by division (B) of this section and payment of one	47701
hundred fiftyfifty-seven dollars on or before the first day of	47702
February, one hundred seventy-fiveeighty-three dollars on or	47703
before the first day of March, or two hundred ten dollars	47704
thereafter, a renewed hearing aid dealer's or fitter's license. No	47705
person who applies for renewal of a hearing aid dealer's or	47706
fitter's license that has expired shall be required to take any	47707
examination as a condition of renewal provided application for	47708
renewal is made within two years of the date such license expired.	47709

(B) Each person engaged in the practice of dealing in or	47710
fitting of hearing aids who holds a valid hearing aid dealer's or	47711
fitter's license shall complete each year not less than ten hours	47712
of continuing professional education approved by the board. On a	47713
form provided by the board, the person shall certify to the board,	47714
at the time of license renewal pursuant to division (A) of this	47715
section, that in the preceding year the person has completed	47716
continuing education in compliance with this division and shall	47717
submit any additional information required by rule of the board	47718
regarding the continuing education. The board shall adopt rules in	47719
accordance with Chapter 119. of the Revised Code establishing the	47720
standards continuing education programs must meet to obtain board	47721
approval and continuing education reporting requirements.	47722

Continuing education may be applied to meet the requirement	47723
of this division if it is provided or certified by any of the	47724
following:	47725

(1) The national institute of hearing instruments studies	47726
committee of the international hearing society;	47727

(2) The American speech-language hearing association;

47728

(3) The American academy of audiology.

47729

The board may excuse persons licensed under this chapter, as	47730
a group or as individuals, from all or any part of the	47731
requirements of this division because of an unusual circumstance,	47732
emergency, or special hardship.	47733

Sec. 4747.07.  Each person who holds a hearing aid dealer's	47734
or fitter's license and engages in the practice of dealing in and	47735
fitting of hearing aids shall display such license in a	47736
conspicuous place in the person's office or place of business at	47737
all times. Each person who maintains more than one office or place	47738
of business shall post a duplicate copy of the license at each	47739
location. The hearing aid dealers and fitters licensing board	47740
shall issue duplicate copies of a license upon receipt of a	47741
properly completed application and payment of fifteensixteen	47742
dollars for each copy requested.	47743

Sec. 4747.10.  Each person currently engaged in training to	47744
become a licensed hearing aid dealer or fitter shall apply to the	47745
hearing aid dealers and fitters licensing board for a hearing aid	47746
dealer's and fitter's trainee permit. The board shall issue to	47747
each applicant within thirty days of receipt of a properly	47748
completed application and payment of one hundred fifty dollars, a	47749
trainee permit if such applicant is:	47750

(A) At least eighteen years of age;

47751

(B) The holder of a diploma from an accredited high school,	47752
or possesses an equivalent education;	47753

(C) A person of good moral character;

47754

(D) Free of contagious or infectious disease.

47755

Each trainee permit issued by the board expires one year from	47756
the date it was first issued, and may be renewed once if the	47757
trainee has not successfully completed the qualifying requirements	47758
for licensing as a hearing aid dealer or fitter before the	47759
expiration date of such permit. The board shall issue a renewed	47760
permit to each applicant upon receipt of a properly completed	47761
application and payment of one hundred five dollars. No person	47762
holding a trainee permit shall engage in the practice of dealing	47763
in or fitting of hearing aids except while under supervision by a	47764
licensed hearing aid dealer or fitter.	47765

Sec. 4749.01.  As used in this chapter:

47766

(A) "Private investigator" means any person who engages in	47767
the business of private investigation.	47768

(B) "Business of private investigation" means, except when	47769
performed by one excluded under division (H) of this section, the	47770
conducting, for hire, in person or through a partner or employees,	47771
of any investigation relevant to any crime or wrong done or	47772
threatened, or to obtain information on the identity, habits,	47773
conduct, movements, whereabouts, affiliations, transactions,	47774
reputation, credibility, or character of any person, or to locate	47775
and recover lost or stolen property, or to determine the cause of	47776
or responsibility for any libel or slander, or any fire, accident,	47777
or damage to property, or to secure evidence for use in any	47778
legislative, administrative, or judicial investigation or	47779
proceeding.	47780

(C) "Security guard provider" means any person who engages in	47781
the business of security services.	47782

(D) "Business of security services" means either of the	47783
following:	47784

(1) Furnishing, for hire, watchpersons, guards, private	47785
patrol officers, or other persons whose primary duties are to	47786
protect persons or property;	47787

(2) Furnishing, for hire, guard dogs, or armored motor	47788
vehicle security services, in connection with the protection of	47789
persons or property.	47790

(E) "Class A license" means a license issued under section	47791
4749.03 of the Revised Code that qualifies the person issued the	47792
license to engage in the business of private investigation and the	47793
business of security services.	47794

(F) "Class B license" means a license issued under section	47795
4749.03 of the Revised Code that qualifies the person issued the	47796
license to engage only in the business of private investigation.	47797

(G) "Class C license" means a license issued under section	47798
4749.03 of the Revised Code that qualifies the person issued the	47799
license to engage only in the business of security services.	47800

(H) "Private investigator," "business of private	47801
investigation," "security guard provider," and "business of	47802
security services" do not include:	47803

(1) Public officers and employees whose official duties	47804
require them to engage in investigatory activities;	47805

(2) Attorneys at law or any expert hired by an attorney at	47806
law for consultation or litigation purposes;	47807

(3) A consumer reporting agency, as defined in the "Fair	47808
Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a, as	47809
amended, provided that the consumer reporting agency is in	47810
compliance with the requirements of that act and that the agency's	47811
activities are confined to any of the following:	47812

(a) The issuance of consumer credit reports;

47813

(b) The conducting of limited background investigations that	47814
pertain only to a client's prospective tenant and that are engaged	47815
in with the prior written consent of the prospective tenant;	47816

(c) The business of pre-employment background investigation.	47817
As used in division (H)(3)(c) of this section, "business of	47818
pre-employment background investigation" means, and is limited to,	47819
furnishing for hire, in person or through a partner or employees,	47820
the conducting of limited background investigations, in-person	47821
interviews, telephone interviews, or written inquiries that	47822
pertain only to a client's prospective employee and the employee's	47823
employment and that are engaged in with the prior written consent	47824
of the prospective employee.	47825

(4) Certified public insurance adjusters that hold a	47826
certificate of authority issued pursuant to sections 3951.01 to	47827
3951.09 of the Revised Code, while the adjuster is investigating	47828
the cause of or responsibility for a fire, accident, or other	47829
damage to property with respect to a claim or claims for loss or	47830
damage under a policy of insurance covering real or personal	47831
property;	47832

(5) Personnel placement services and persons who act as	47833
employees of such entities engaged in investigating matters	47834
related to personnel placement activities;	47835

(6) An employee in the regular course of the employee's	47836
employment, engaged in investigating matters pertinent to the	47837
business of the employee's employer or protecting property in the	47838
possession of the employee's employer, provided the employer is	47839
deducting all applicable state and federal employment taxes on	47840
behalf of the employee and neither the employer nor the employee	47841
is employed by, associated with, or acting for or on behalf of any	47842
private investigator or security guard provider;	47843

(7)(6) Any better business bureau or similar organization or	47844
any of its employees while engaged in the maintenance of the	47845
quality of business activities relating to consumer sales and	47846
services;	47847

(8)(7) An accountant who is registered or certified under	47848
Chapter 4701. of the Revised Code or any of the accountant's	47849
employees while engaged in activities for which the accountant is	47850
certified or registered;	47851

(9)(8) Any person who, for hire or otherwise, conducts	47852
genealogical research in this state.	47853

As used in division (H)(9)(8) of this section, "genealogical	47854
research" means the determination of the origins and descent of	47855
families, including the identification of individuals, their	47856
family relationships, and the biographical details of their lives.	47857
"Genealogical research" does not include furnishing for hire	47858
services for locating missing persons or natural or birth parents	47859
or children.	47860

(10)(9) Any person residing in this state who conducts	47861
research for the purpose of locating the last known owner of	47862
unclaimed funds, provided that the person is in compliance with	47863
Chapter 169. of the Revised Code and rules adopted thereunder. The	47864
exemption set forth in division (H)(10)(9) of this section applies	47865
only to the extent that the person is conducting research for the	47866
purpose of locating the last known owner of unclaimed funds.	47867

As used in division (H)(10)(9) of this section, "owner" and	47868
"unclaimed funds" have the same meanings as in section 169.01 of	47869
the Revised Code.	47870

(11)(10) A professional engineer who is registered under	47871
Chapter 4733. of the Revised Code or any of his employees.	47872

As used in division (H)(11)(10) of this section and	47873
notwithstanding division (I) of this section, "employee" has the	47874
same meaning as in section 4101.01 of the Revised Code.	47875

(12)(11) Any person residing in this state who, for hire or	47876
otherwise, conducts research for the purpose of locating persons	47877
to whom the state of Ohio owes money in the form of warrants, as	47878
defined in division (S) of section 131.01 of the Revised Code,	47879
that the state voided but subsequently reissues.	47880

(13)(12) An independent insurance adjuster who, as an	47881
individual, an independent contractor, an employee of an	47882
independent contractor, adjustment bureau association,	47883
corporation, insurer, partnership, local recording agent, managing	47884
general agent, or self-insurer, engages in the business of	47885
independent insurance adjustment, or any person who supervises the	47886
handling of claims except while acting as an employee of an	47887
insurer licensed in this state while handling claims pertaining to	47888
specific policies written by that insurer.	47889

As used in division (H)(13)(12) of this section, "independent	47890
insurance adjustment" means conducting investigations to determine	47891
the cause of or circumstances concerning a fire, accident, bodily	47892
injury, or damage to real or personal property; determining the	47893
extent of damage of that fire, accident, injury, or property	47894
damage; securing evidence for use in a legislative,	47895
administrative, or judicial investigation or proceeding, adjusting	47896
losses; and adjusting or settling claims, including the	47897
investigation, adjustment, denial, establishment of damages,	47898
negotiation, settlement, or payment of claims in connection with	47899
insurance contractors, self-insured programs, or other similar	47900
insurance programs. "Independent adjuster" does not include either	47901
of the following:	47902

(a) An attorney who adjusts insurance losses incidental to	47903
the practice of law and who does not advertise or represent that	47904
the attorney is an independent insurance adjuster;	47905

(b) A licensed agent or general agent of an insurer licensed	47906
in this state who processes undisputed or uncontested losses for	47907
insurers under policies issued by that agent or general agent.	47908

(14) Except for a commissioned peace officer who engages in	47909
the business of private investigation or compensates others who	47910
engage in the business of private investigation or the business of	47911
security services or both, any commissioned peace officer as	47912
defined in division (B) of section 2935.01 of the Revised Code.	47913

(I) "Employee" means every person who may be required or	47914
directed by any employer, in consideration of direct or indirect	47915
gain or profit, to engage in any employment, or to go, or work, or	47916
be at any time in any place of employment, provided that the	47917
employer of the employee deducts all applicable state and federal	47918
employment taxes on behalf of the employee.	47919

Sec. 4749.02.  The departmentdirector of commercepublic	47920
safety shall administer this chapter through the division of real	47921
estate and professional licensing, and for that purpose, the	47922
superintendent of real estate and professional licensing may	47923
appoint such employees and adopt such rules as the superintendent	47924
director considers necessary.	47925

Sec. 4749.03.  (A)(1) Any individual, including a partner in	47926
a partnership, may be licensed as a private investigator under a	47927
class B license, or as a security guard provider under a class C	47928
license, or as a private investigator and a security guard	47929
provider under a class A license, if the individual meets the	47930
following requirements:	47931

(a) Has a good reputation for integrity, has not been	47932
convicted of a felony within the last twenty years or any offense	47933
involving moral turpitude, and has not been adjudicated	47934
incompetent for the purpose of holding the license, as provided in	47935
section 5122.301 of the Revised Code, without having been restored	47936
to legal capacity for that purpose.	47937

(b) Depending upon the class of license for which application	47938
is made, for a continuous period of at least two years immediately	47939
preceding application for a license, has been engaged in	47940
investigatory or security services work for a law enforcement or	47941
other public agency engaged in investigatory activities, or for a	47942
private investigator or security guard provider, or engaged in the	47943
practice of law, or has acquired equivalent experience as	47944
determined by rule of the director of commercepublic safety.	47945

(c) Demonstrates competency as a private investigator or	47946
security guard provider by passing an examination devised for this	47947
purpose by the director, except that any individually licensed	47948
person who qualifies a corporation for licensure shall not be	47949
required to be reexamined if the person qualifies the corporation	47950
in the same capacity that the person was individually licensed.	47951

(d) Submits evidence of comprehensive general liability	47952
insurance coverage, or other equivalent guarantee approved by the	47953
director in such form and in principal amounts satisfactory to the	47954
director, but not less than one hundred thousand dollars for each	47955
person and three hundred thousand dollars for each occurrence for	47956
bodily injury liability, and one hundred thousand dollars for	47957
property damage liability.	47958

(e) Pays the requisite examination and license fees.

47959

(2) A corporation may be licensed as a private investigator	47960
under a class B license, or as a security guard provider under a	47961
class C license, or as a private investigator and a security guard	47962
provider under a class A license, if an application for licensure	47963
is filed by an officer of the corporation and the officer, another	47964
officer, or the qualifying agent of the corporation satisfies the	47965
requirements of divisions (A)(1) and (F)(1) of this section.	47966
Officers and the statutory agent of a corporation shall be	47967
determined in accordance with Chapter 1701. of the Revised Code.	47968

(3) At least one partner in a partnership shall be licensed	47969
as a private investigator, or as a security guard provider, or as	47970
a private investigator and a security guard provider. Partners in	47971
a partnership shall be determined as provided for in Chapter 1775.	47972
of the Revised Code.	47973

(B) Application for a class A, B, or C license shall be in	47974
writing, under oath, to the director. In the case of an	47975
individual, the application shall state the applicant's name,	47976
birth date, citizenship, physical description, current residence,	47977
residences for the preceding ten years, current employment,	47978
employment for the preceding seven years, experience	47979
qualifications, the location of each of the applicant's offices in	47980
this state, and any other information that is necessary in order	47981
for the director to comply with the requirements of this chapter.	47982
In the case of a corporation, the application shall state the name	47983
of the officer or qualifying agent filing the application; the	47984
state in which the corporation is incorporated and the date of	47985
incorporation; the states in which the corporation is authorized	47986
to transact business; the name of its qualifying agent; the name	47987
of the officer or qualifying agent of the corporation who	47988
satisfies the requirements of divisions (A)(1) and (F)(1) of this	47989
section and the birth date, citizenship, physical description,	47990
current residence, residences for the preceding ten years, current	47991
employment, employment for the preceding seven years, and	47992
experience qualifications of that officer or qualifying agent; and	47993
other information that the director requires. A corporation may	47994
specify in its application information relative to one or more	47995
individuals who satisfy the requirements of divisions (A)(1) and	47996
(F)(1) of this section.	47997

The application shall be accompanied by:

47998

(1) One recent full-face photograph of the applicant or, in	47999
the case of a corporation, of each officer or qualifying agent	48000
specified in the application as satisfying the requirements of	48001
divisions (A)(1) and (F)(1) of this section;	48002

(2) One complete set of the applicant's fingerprints or, in	48003
the case of a corporation, of the fingerprints of each officer or	48004
qualifying agent specified in the application as satisfying the	48005
requirements of divisions (A)(1) and (F)(1) of this section;	48006

(3) Character references from at least five reputable	48007
citizens for the applicant or, in the case of a corporation, for	48008
each officer or qualifying agent specified in the application as	48009
satisfying the requirements of divisions (A)(1) and (F)(1) of this	48010
section, each of whom has known the applicant, officer, or	48011
qualifying agent for at least five years preceding the	48012
application, and none of whom are connected with the applicant,	48013
officer, or qualifying agent by blood or marriage;	48014

(4) An examination fee of twenty-five dollars for the	48015
applicant or, in the case of a corporation, for each officer or	48016
qualifying agent specified in the application as satisfying the	48017
requirements of divisions (A)(1) and (F)(1) of this section, and a	48018
license fee of two hundred fifty dollars. The license fee shall be	48019
refunded if a license is not issued.	48020

(C) Upon receipt of the application and accompanying matter,	48021
the director shall forward to the bureau of criminal	48022
identification and investigation a request that it make an	48023
investigation of the applicant or, in the case of a corporation,	48024
each officer or qualifying agent specified in the application as	48025
satisfying the requirements of divisions (A)(1) and (F)(1) of this	48026
section, to determine whether the applicant, officer, or	48027
qualifying agent meets the requirements of division (A)(1)(a) of	48028
this section. If the director determines that the applicant,	48029
officer, or qualifying agent meets the requirements of divisions	48030
(A)(1)(a), (b) and (d) of this section and that an officer or	48031
qualifying agent meets the requirement of division (F)(1) of this	48032
section, the director shall notify the applicant, officer, or	48033
agent of the time and place for the examination. If the director	48034
determines that an applicant does not meet the requirements of	48035
divisions (A)(1)(a), (b), and (d) of this section, the director	48036
shall notify the applicant that the applicant's application is	48037
refused and refund the license fee. If the director determines	48038
that none of the individuals specified in the application of a	48039
corporation as satisfying the requirements of divisions (A)(1) and	48040
(F)(1) of this section meet the requirements of divisions	48041
(A)(1)(a), (b), and (d) and (F)(1) of this section, the director	48042
shall notify the corporation that its application is refused and	48043
refund the license fee. If the director requests an investigation	48044
of any applicant, officer, or qualifying agent and if the bureau	48045
assesses the director a fee for the investigation, the director,	48046
in addition to any other fee assessed pursuant to this chapter,	48047
may assess the applicant, officer, or qualifying agent, as	48048
appropriate, a fee that is equal to the fee assessed by the	48049
bureau.	48050

(D) If upon application, investigation, and examination, the	48051
director finds that the applicant or, in the case of a	48052
corporation, any officer or qualifying agent specified in the	48053
application as satisfying the requirements of divisions (A)(1) and	48054
(F)(1) of this section, meets the applicable requirements, the	48055
director shall issue the applicant or the corporation a class A,	48056
B, or C license. The director also shall issue to an applicant,	48057
but not an officer or qualifying agent of a corporation, who meets	48058
the applicable requirements an identification card. The license	48059
and identification card shall state the licensee's name, the	48060
classification of the license, the location of the licensee's	48061
principal place of business in this state, and the expiration date	48062
of the license and, in the case of a corporation, it also shall	48063
state the name of each officer or qualifying agent who satisfied	48064
the requirements of divisions (A)(1) and (F)(1) of this section.	48065

Licenses expire on the first day of March following the date	48066
of initial issue, and on the first day of March of each year	48067
thereafter. Renewals shall be according to the standard renewal	48068
procedures contained in Chapter 4745. of the Revised Code, upon	48069
payment of a renewal fee of two hundred fifty dollars. No license	48070
shall be renewed if the licensee or, in the case of a corporation,	48071
each officer or qualifying agent who qualified the corporation for	48072
licensure no longer meets the applicable requirements of this	48073
section. No license shall be renewed unless the licensee provides	48074
evidence of workers' compensation risk coverage and unemployment	48075
compensation insurance coverage, other than for clerical employees	48076
and excepting sole proprietors who are exempted therefrom, as	48077
provided for in Chapters 4123. and 4141. of the Revised Code,	48078
respectively, as well as the licensee's state tax identification	48079
number. No reexamination shall be required for renewal of a	48080
current license.	48081

For purposes of this chapter, a class A, B, or C license	48082
issued to a corporation shall be considered as also having	48083
licensed the individuals who qualified the corporation for	48084
licensure, for as long as they are associated with the	48085
corporation.	48086

For purposes of this division, "sole proprietor" means an	48087
individual licensed under this chapter who does not employ any	48088
other individual.	48089

(E) The director may issue a duplicate copy of a license	48090
issued under this section for the purpose of replacement of a	48091
lost, spoliated, or destroyed license, upon payment of a fee fixed	48092
by the director, not exceeding twenty-five dollars. Any change in	48093
license classification requires new application and application	48094
fees.	48095

(F)(1) In order to qualify a corporation for a class A, B, or	48096
C license, an officer or qualifying agent may qualify another	48097
corporation for similar licensure, provided that the officer or	48098
qualifying agent is actively engaged in the business of both	48099
corporations.	48100

(2) Each officer or qualifying agent who qualifies a	48101
corporation for class A, B, or C licensure shall surrender any	48102
personal license of a similar nature that the officer or	48103
qualifying agent possesses.	48104

(3) Upon written notification to the director, completion of	48105
an application similar to that for original licensure, surrender	48106
of the corporation's current license, and payment of a twenty-five	48107
dollar fee, a corporation's class A, B, or C license may be	48108
transferred to another corporation.	48109

(4) Upon written notification to the director, completion of	48110
an application similar to that for an individual seeking class A,	48111
B, or C licensure, payment of a twenty-five dollar fee, and, if	48112
the individual was the only individual that qualified a	48113
corporation for licensure, surrender of the corporation's license,	48114
any officer or qualifying agent who qualified a corporation for	48115
licensure under this chapter may obtain a similar license in the	48116
individual's own name without reexamination. A request by an	48117
officer or qualifying agent for an individual license shall not	48118
affect a corporation's license unless the individual is the only	48119
individual that qualified the corporation for licensure or all the	48120
other individuals who qualified the corporation for licensure	48121
submit such requests.	48122

(G) If a corporation is for any reason no longer associated	48123
with an individual who qualified it for licensure under this	48124
chapter, an officer of the corporation shall notify the director	48125
of that fact by certified mail, return receipt requested, within	48126
ten days after the association terminates. If the notification is	48127
so given, the individual was the only individual that qualified	48128
the corporation for licensure, and the corporation submits the	48129
name of another officer or qualifying agent to qualify the	48130
corporation for the license within thirty days after the	48131
association terminates, the corporation may continue to operate in	48132
the business of private investigation, the business of security	48133
services, or both businesses in this state under that license for	48134
ninety days after the association terminates. If the officer or	48135
qualifying agent whose name is so submitted satisfies the	48136
requirements of divisions (A)(1) and (F)(1) of this section, the	48137
director shall issue a new license to the corporation within that	48138
ninety-day period. The names of more than one individual may be so	48139
submitted.	48140

Sec. 4749.04.  (A) The director of commercepublic safety may	48141
revoke, suspend, or refuse to renew, when a renewal form has been	48142
submitted, the license of any private investigator or security	48143
guard provider, or the registration of any employee of a private	48144
investigator or security guard provider, for any of the following:	48145

(1) Violation of any of the provisions of division (B) or (C)	48146
of section 4749.13 of the Revised Code;	48147

(2) Conviction of a felony or a crime involving moral	48148
turpitude;	48149

(3) Violation of any rule of the director governing private	48150
investigators, the business of private investigation, security	48151
guard providers, or the business of security services;	48152

(4) Testifying falsely under oath, or suborning perjury, in	48153
any judicial proceeding;	48154

(5) Failure to satisfy the requirements specified in division	48155
(D) of section 4749.03 of the Revised Code.	48156

Any person whose license or registration is revoked,	48157
suspended, or not renewed when a renewal form is submitted may	48158
appeal in accordance with Chapter 119. of the Revised Code.	48159

(B) In lieu of suspending, revoking, or refusing to renew the	48160
class A, B, or C license, or of suspending, revoking, or refusing	48161
to renew the registration of an employee of a class A, B, or C	48162
licensee, the director of commerce may impose a civil penalty of	48163
not more than one hundred dollars for each calendar day of a	48164
violation of any of the provisions of this section or of division	48165
(B) or (C) of section 4749.13 of the Revised Code or of a	48166
violation of any rule of the director governing private	48167
investigators, the business of private investigation, security	48168
guard providers, or the business of security services.	48169

Sec. 4749.05.  (A) Each class A, B, or C licensee shall	48170
report the location of branch offices to the department of	48171
commercepublic safety, and to the sheriff of the county and the	48172
police chief of any municipal corporation in which the office is	48173
located, and shall post a branch office license conspicuously in	48174
that office. Application for a branch office license shall be made	48175
on a form prescribed by the director of commercepublic safety,	48176
and a license shall be issued upon receipt of the form and payment	48177
of a fee fixed by the director, not exceeding one hundred dollars.	48178
If a licensee moves an office, hethe licensee shall notify, in	48179
writing, the department of commercepublic safety and any affected	48180
sheriff and chief of police within forty-eight hours of the	48181
change.	48182

This division does not apply to a licensed private	48183
investigator who is engaging in the business of private	48184
investigation as a registered employee of a licensed private	48185
investigator.	48186

(B) No class A, B, or C licensee, or any of hissuch a	48187
licensee's employees, shall engage in the business of private	48188
investigation or the business of security services unless, within	48189
twelve hours of his arrivalafter arriving, hethe licensee or	48190
employee reports histhe licensee's or employee's presence and	48191
length of stay to the sheriff and police chief of any county or	48192
municipal corporation in which hethe licensee or employee	48193
operates.	48194

Sec. 4749.06.  (A) Each class A, B, or C licensee shall	48195
register the licensee's investigator or security guard employees,	48196
with the department of commercepublic safety, which shall	48197
maintain a record of each licensee and registered employee and	48198
make it available, upon request, to any law enforcement agency.	48199
The class A, B, or C licensee shall file an application to	48200
register a new employee no sooner than three days nor later than	48201
seven calendar days after the date on which the employee is hired.	48202

(B)(1) Each employee's registration application shall be	48203
accompanied by one complete set of the employee's fingerprints,	48204
one recent photograph of the employee, the employee's physical	48205
description, and an eighteen-dollar registration fee.	48206

(2) If the director of public safety requests the bureau of	48207
criminal identification and investigation to conduct an	48208
investigation of a licensee's employee and if the bureau assesses	48209
the director a fee for the investigation, the director, in	48210
addition to any other fee assessed pursuant to this chapter, may	48211
assess the licensee a fee that is equal to the fee assessed by the	48212
bureau. If, after investigation, the bureau finds that the	48213
employee has not been convicted of a felony within the last twenty	48214
years, the director shall issue to the employee an identification	48215
card bearing the license number and signature of the licensee,	48216
which in the case of a corporation shall be the signature of its	48217
president or its qualifying agent, and containing the employee's	48218
name, address, age, physical description, and right thumb print or	48219
other identifying mark as the director prescribes, a recent	48220
photograph of the employee, and the employee's signature. The	48221
director may issue a duplicate of a lost, spoliated, or destroyed	48222
identification card issued under this section, upon payment of a	48223
fee fixed by the director, not exceeding five dollars.	48224

(C) Except as provided in division (E) of this section, no	48225
class A, B, or C licensee shall permit an employee, other than an	48226
individual who qualified a corporation for licensure, to engage in	48227
the business of private investigation, the business of security	48228
services, or both businesses until the employee receives an	48229
identification card from the department, except that pending the	48230
issuance of an identification card, a class A, B, or C licensee	48231
may offer for hire security guard or investigator employees	48232
provided the licensee obtains a waiver from the person who	48233
receives, for hire, security guard or investigative services,	48234
acknowledging that the person is aware the employees have not	48235
completed their registration and agreeing to their employment.	48236

(D) If a class A, B, or C licensee, or a registered employee	48237
of a class A, B, or C licensee, intends to carry a firearm, as	48238
defined in section 2923.11 of the Revised Code, in the course of	48239
engaging in the business or employment, the licensee or registered	48240
employee shall satisfactorily complete a firearms basic training	48241
program that includes twenty hours of handgun training and five	48242
hours of training in the use of other firearms, if any other	48243
firearm is to be used, or equivalency training, if authorized, or	48244
shall be a former peace officer who previously had successfully	48245
completed a firearms training course, shall receive a certificate	48246
of satisfactory completion of that program or written evidence of	48247
approval of the equivalency training, shall file an application	48248
for registration, shall receive a firearm-bearer notation on the	48249
licensee's or registered employee's identification card, and shall	48250
annually requalify on a firearms range, all as described in	48251
division (A) of section 4749.10 of the Revised Code. A private	48252
investigator, security guard provider, or employee is authorized	48253
to carry a firearm only in accordance with that division.	48254

(E) This section does not apply to commissioned peace	48255
officers, as defined in division (B) of section 2935.01 of the	48256
Revised Code, working for, either as an employee or independent	48257
contractor, a class A, B, or C licensee. For purposes of this	48258
chapter, a commissioned peace officer is an employee exempt from	48259
registration.	48260

Sec. 4749.07.  (A) After refund of any license fees as	48261
required by section 4749.03 of the Revised Code, the department of	48262
commercepublic safety shall pay all fees received pursuant to	48263
this chapter to the treasurer of state, to be credited to the	48264
private investigator and security guard provider fund, which is	48265
hereby created.	48266

(B) Moneys received in payment of fines levied pursuant to	48267
section 4749.99 of the Revised Code shall be distributed as	48268
follows:	48269

(1) One-third to the general fund of the municipal	48270
corporation or township in which the prosecution occurs;	48271

(2) One-third to the general fund of the county in which the	48272
prosecution occurs;	48273

(3) One-third to the private investigator and security guard	48274
provider fund.	48275

Sec. 4749.08.  (A) No class A, B, or C licensee, or	48276
registered employee of a class A, B, or C licensee shall be	48277
considered, because of licensure or registration under this	48278
chapter, a law enforcement officer for any purpose. Nothing in	48279
this chapter shall be construed as granting the right to carry a	48280
concealed weapon.	48281

(B) The rules of the department of commercepublic safety	48282
adopted for the administration of this chapter shall include	48283
provisions to assure that any uniform or identification card shall	48284
be so designed as to avoid confusion of a private investigator,	48285
security guard provider, or registered employee with any law	48286
enforcement officer in this state.	48287

Sec. 4749.10.  (A) No class A, B, or C licensee and no	48288
registered employee of a class A, B, or C licensee shall carry a	48289
firearm, as defined in section 2923.11 of the Revised Code, in the	48290
course of engaging in the business of private investigation, the	48291
business of security services, or both businesses, unless all of	48292
the following apply:	48293

(1) The licensee or employee either has successfully	48294
completed a basic firearm training program at a training school	48295
approved by the Ohio peace officer training commission, which	48296
program includes twenty hours of training in handgun use and, if	48297
any firearm other than a handgun is to be used, five hours of	48298
training in the use of other firearms, and has received a	48299
certificate of satisfactory completion of that program from the	48300
executive director of the commission; the licensee or employee	48301
has, within three years prior to the effective date of this	48302
section, satisfactorily completed firearms training that has been	48303
approved by the commission as being equivalent to such a program	48304
and has received written evidence of approval of that training	48305
from the executive director of the commission; or the licensee or	48306
employee is a former peace officer, as defined in section 109.71	48307
of the Revised Code, who previously had successfully completed a	48308
firearms training course at a training school approved by the Ohio	48309
peace officer training commission and has received a certificate	48310
or other evidence of satisfactory completion of that course from	48311
the executive director of the commission.	48312

(2) The licensee or employee submits an application to the	48313
director of commercepublic safety, on a form prescribed by the	48314
director, in which the licensee or employee requests registration	48315
as a class A, B, or C licensee or employee who may carry a	48316
firearm. The application shall be accompanied by a copy of the	48317
certificate or the written evidence or other evidence described in	48318
division (A)(1) of this section, the identification card issued	48319
pursuant to section 4749.03 or 4749.06 of the Revised Code if one	48320
has previously been issued, a statement of the duties that will be	48321
performed while the licensee or employee is armed, and a fee of	48322
ten dollars. In the case of a registered employee, the statement	48323
shall be prepared by the employing class A, B, or C licensee.	48324

(3) The licensee or employee receives a notation on the	48325
licensee's or employee's identification card that the licensee or	48326
employee is a firearm-bearer and carries the identification card	48327
whenever the licensee or employee carries a firearm in the course	48328
of engaging in the business of private investigation, the business	48329
of security services, or both businesses.	48330

(4) At any time within the immediately preceding twelve-month	48331
period, the licensee or employee has requalified in firearms use	48332
on a firearms training range at a firearms requalification program	48333
certified by the Ohio peace officer training commission or on a	48334
firearms training range under the supervision of an instructor	48335
certified by the commission and has received a certificate of	48336
satisfactory requalification from the certified program or	48337
certified instructor, provided that this division does not apply	48338
to any licensee or employee prior to the expiration of eighteen	48339
months after the licensee's or employee's completion of the	48340
program described in division (A)(1) of this section. A	48341
certificate of satisfactory requalification is valid and remains	48342
in effect for twelve months from the date of the requalification.	48343

(5) If division (A)(4) of this section applies to the	48344
licensee or employee, the licensee or employee carries the	48345
certificate of satisfactory requalification that then is in effect	48346
or any other evidence of requalification issued or provided by the	48347
director.	48348

(B)(1) The director of commerce shall register an applicant	48349
under division (A) of this section who satisfies divisions (A)(1)	48350
and (2) of this section, and place a notation on the applicant's	48351
identification card indicating that the applicant is a	48352
firearm-bearer and the date on which the applicant completed the	48353
program described in division (A)(1) of this section.	48354

(2) A firearms requalification training program or instructor	48355
certified by the commission for the annual requalification of	48356
class A, B, or C licensees or employees who are authorized to	48357
carry a firearm under section 4749.10 of the Revised Code shall	48358
award a certificate of satisfactory requalification to each class	48359
A, B, or C licensee or registered employee of a class A, B, or C	48360
licensee who satisfactorily requalifies in firearms training. The	48361
certificate shall identify the licensee or employee and indicate	48362
the date of the requalification. A licensee or employee who	48363
receives such a certificate shall submit a copy of it to the	48364
director of commerce. A licensee shall submit the copy of the	48365
requalification certificate at the same time that the licensee	48366
makes application for renewal of the licensee's class A, B, or C	48367
license. The director shall keep a record of all copies of	48368
requalification certificates the director receives under this	48369
division and shall establish a procedure for the updating of	48370
identification cards to provide evidence of compliance with the	48371
annual requalification requirement. The procedure for the updating	48372
of identification cards may provide for the issuance of a new card	48373
containing the evidence, the entry of a new notation containing	48374
the evidence on the existing card, the issuance of a separate card	48375
or paper containing the evidence, or any other procedure	48376
determined by the director to be reasonable. Each person who is	48377
issued a requalification certificate under this division promptly	48378
shall pay to the Ohio peace officer training commission	48379
established by section 109.71 of the Revised Code a fee of five	48380
dollars, which fee shall be transmitted to the treasurer of state	48381
for deposit in the peace officer private security fund established	48382
by section 109.78 of the Revised Code.	48383

Sec. 4749.11.  (A) The director of commercepublic safety may	48384
investigate any applicant for a class A, B, or C license, any	48385
principal officer or qualifying agent of a corporation who is	48386
specified in an application for licensure as satisfying the	48387
requirements of divisions (A)(1) and (F)(1) of section 4749.03 of	48388
the Revised Code, and any employee of a class A, B, or C licensee	48389
who seeks to be registered under section 4749.06 of the Revised	48390
Code to determine whether the individual satisfies the applicable	48391
requirements for licensure or registration.	48392

(B) The director of commerce may investigate, on histhe	48393
director's own initiative, the actions or proposed actions of a	48394
class A, B, or C licensee, or registered employee of a class A, B,	48395
or C licensee to determine whether the person is, has been, or	48396
will be in violation of section 4749.13 of the Revised Code. The	48397
director shall investigate any of these persons if a verified	48398
written complaint is filed indicating that a person has violated,	48399
or is or will be violating, section 4749.13 of the Revised Code,	48400
the complaint is supported by evidence submitted with it, and the	48401
director determines that a prima-facie case exists that a	48402
violation of that section is being, has been, or will be committed	48403
by the person.	48404

(C) The director of commerce may investigate, on histhe	48405
director's own initiative, the actions or proposed actions of a	48406
person who is not licensed or registered under this chapter and	48407
who appears to be acting as a class A, B, or C licensee, or	48408
employee of a class A, B, or C licensee. The director shall	48409
investigate such a person if a verified written complaint is filed	48410
indicating that a person was, is, or will be acting as a class A,	48411
B, or C licensee or employee of a class A, B, or C licensee but is	48412
not licensed or registered as such under this chapter, the	48413
complaint is supported by evidence that is submitted with it, and	48414
the director determines that a prima-facie case exists that the	48415
person was, is, or will be acting in the alleged manner.	48416

(D) In connection with investigations under divisions (B) and	48417
(C) of this section, the director of commerce may file an action	48418
with the court of common pleas of Franklin county or the court of	48419
common pleas of the county in which the person who is the subject	48420
of the investigation resides, is engaging in actions, or proposing	48421
to engage in actions, to obtain an injunction, restraining order,	48422
or other appropriate relief.	48423

(E) The director of commerce may compel by subpoena witnesses	48424
to appear and testify in relation to investigations under this	48425
chapter and may require by subpoena duces tecum the production of	48426
any book, paper, or document pertaining to an investigation. If a	48427
person does not comply with a subpoena or subpoena duces tecum,	48428
the director of commerce may apply to the court of common pleas of	48429
Franklin county for an order compelling the person to comply with	48430
the subpoena or subpoena duces tecum or, for failure to do so, to	48431
be held in contempt of court.	48432

(F) If, in an investigation under division (C) of this	48433
section, the director determines that a person is not a class A,	48434
B, or C licensee, or a registered employee of a class A, B, or C	48435
licensee, and that the person was, is, or will be acting in the	48436
alleged manner, the director may issue an order to the person to	48437
show cause why hethe person should not be subject to licensing or	48438
registration under this chapter. The director shall hold a hearing	48439
on the order, and if following the hearing hethe director	48440
determines that the person has engaged, or is or will be engaging,	48441
in activities requiring licensure or registration under this	48442
chapter, hethe director may issue a cease and desist order that	48443
shall describe the person and the activities that are the subject	48444
of it. The cease and desist order is enforceable in and may be	48445
appealed to a court of common pleas pursuant to Chapter 119. of	48446
the Revised Code.	48447

(G) In any proceeding or action brought under this chapter,	48448
the burden of proving an exemption from the licensure requirements	48449
of this chapter is on the person claiming the benefit of the	48450
exemption.	48451

Sec. 4749.12.  (A) A person who is a resident of another	48452
state, is licensed as a private investigator, security guard	48453
provider, or as a private investigator and a security guard	48454
provider in another state, and wishes to engage in the business of	48455
private investigation, the business of security services, or both	48456
businesses in this state, shall be licensed pursuant to section	48457
4749.03 of the Revised Code, but the director of commercepublic	48458
safety may waive the examination requirement of that section and	48459
issue a license to a nonresident under the circumstances described	48460
in division (B) of this section.	48461

(B) If a nonresident private investigator, security guard	48462
provider, or private investigator and security guard provider	48463
seeking licensure under this chapter submits with the application	48464
and accompanying matter specified in section 4749.03 of the	48465
Revised Code proof of licensure in another state, and if the	48466
requirements of divisions (A)(1)(a), (b), and (d) and, if	48467
applicable, (F)(1) of section 4749.03 of the Revised Code are	48468
satisfied and the nonresident meets all current requirements of	48469
the laws of the other state regulating the business of private	48470
investigation, the business of security services, or both	48471
businesses, the director of commerce may waive the examination	48472
requirement and fee of that section. This waiver authority may be	48473
exercised only if the director determines that the other state has	48474
a law similar to this division and extends to residents of this	48475
state a similar waiver of examination privilege.	48476

Sec. 4749.13.  (A) No person shall engage in the business of	48477
private investigation, the business of security services, or both	48478
businesses in this state unless hethe person is licensed pursuant	48479
to this chapter. Each day of continuing violation constitutes a	48480
separate offense. Nothing in this chapter shall be construed to	48481
require any employee of a class A, B, or C licensee to obtain a	48482
class A, B, or C license, provided that an employee shall be	48483
registered by a licensee when required by section 4749.06 of the	48484
Revised Code. Nothing in this chapter shall be construed to	48485
require a partner to be a class A, B, or C licensee except as	48486
provided in division (A)(3) of section 4749.03 of the Revised	48487
Code. Nothing in this chapter shall be construed to require a	48488
director, officer, or qualifying agent of a corporation to	48489
individually be a class A, B, or C licensee if the corporation is	48490
licensed pursuant to this chapter.	48491

(B) No class A, B, or C licensee, or registered employee of a	48492
class A, B, or C licensee shall:	48493

(1) Knowingly violate any provision of this chapter or any	48494
rule of the director of commercepublic safety adopted for the	48495
administration of this chapter;	48496

(2) Knowingly make a false report with respect to any matter	48497
with which hethe licensee or registered employee is employed;	48498

(3) Divulge any information acquired from or for a client to	48499
persons other than the client or histhe client's authorized agent	48500
without express authorization to do so or unless required by law;	48501

(4) Knowingly accept employment which includes obtaining	48502
information intended for illegal purposes.	48503

(C) No person shall knowingly authorize or permit another	48504
person to violate any provision of this chapter or any rule of the	48505
director of commerce adopted for the administration of this	48506
chapter.	48507

(D) No person who is not licensed as a class A, B, or C	48508
licensee shall advertise that hethe person is or otherwise hold	48509
himselfself out as a class A, B, or C licensee. This division	48510
does not prohibit registered employees from indicating in the	48511
course of authorized employment for a class A, B, or C licensee	48512
that they are authorized to engage in investigatory, security	48513
services activities, or both activities.	48514

Sec. 4749.14.  On receipt of a notice pursuant to section	48515
3123.43 of the Revised Code, the director of commercepublic	48516
safety shall comply with sections 3123.41 to 3123.50 of the	48517
Revised Code and any applicable rules adopted under section	48518
3123.63 of the Revised Code with respect to a license issued	48519
pursuant to this chapter.	48520

Sec. 4751.06.  (A) An applicant for licensure as a nursing	48521
home administrator who has successfully completed the requirements	48522
of section 4751.05 of the Revised Code, passed the examination	48523
administered by the board of examiners of nursing home	48524
administrators or a government or private entity under contract	48525
with the board, and paid to the board an original license fee of	48526
two hundred tenfifty dollars shall be issued a license on a form	48527
provided by the board. Such license shall certify that the	48528
applicant has met the licensure requirements of Chapter 4751. of	48529
the Revised Code and is entitled to practice as a licensed nursing	48530
home administrator.	48531

(B) A temporary license for a period not to exceed one	48532
hundred eighty days may be issued to an individual temporarily	48533
filling the position of a nursing home administrator vacated by	48534
reason of death, illness, or other unexpected cause, pursuant to	48535
regulations adopted by the board.	48536

(C) The fee for a temporary license is one hundred dollars.	48537
Said fee must accompany the application for the temporary license.	48538

(D) Any license or temporary license issued by the board	48539
pursuant to this section shall be under the hand of the	48540
chairperson and the secretary of the board.	48541

(E) A duplicate of the original certificate of registration	48542
or license may be secured to replace one that has been lost or	48543
destroyed by submitting to the board a notarized statement	48544
explaining the conditions of the loss, mutilation, or destruction	48545
of the certificate or license and by paying a fee of twenty-five	48546
dollars.	48547

(F) A duplicate certificate of registration and license may	48548
be issued in the event of a legal change of name by submitting to	48549
the board a certified copy of the court order or marriage license	48550
establishing the change of name, by returning at the same time the	48551
original license and certificate of registration, and by paying a	48552
fee of twenty-five dollars.	48553

Sec. 4751.07.  (A) Every individual who holds a valid license	48554
as a nursing home administrator issued under division (A) of	48555
section 4751.06 of the Revised Code, shall immediately upon	48556
issuance thereof be registered with the board of examiners of	48557
nursing home administrators and be issued a certificate of	48558
registration. Such individual shall annually apply to the board	48559
for a new certificate of registration on forms provided for such	48560
purpose prior to the expiration of the certificate of registration	48561
and shall at the same time submit satisfactory evidence to the	48562
board of having attended such continuing education programs or	48563
courses of study as may be prescribed in rules adopted by the	48564
board.	48565

(B) Upon making an application for a new certificate of	48566
registration such individual shall pay the annual registration fee	48567
of two hundred tenfifty dollars.	48568

(C) Upon receipt of such application for registration and the	48569
registration fee required by divisions (A) and (B) of this	48570
section, the board shall issue a certificate of registration to	48571
such nursing home administrator.	48572

(D) The license of a nursing home administrator who fails to	48573
comply with this section shall automatically lapse.	48574

(E) A nursing home administrator who has been licensed and	48575
registered in this state who determines to temporarily abandon the	48576
practice of nursing home administration shall notify the board in	48577
writing immediately; provided, that such individual may thereafter	48578
register to resume the practice of nursing home administration	48579
within the state upon complying with the requirements of this	48580
section regarding annual registration.	48581

(F) Only an individual who has qualified as a licensed and	48582
registered nursing home administrator under Chapter 4751. of the	48583
Revised Code and the rules adopted thereunder, and who holds a	48584
valid current registration certificate pursuant to this section,	48585
may use the title "nursing home administrator," or the	48586
abbreviation "N.H.A." after the individual's name. No other person	48587
shall use such title or such abbreviation or any other words,	48588
letters, sign, card, or device tending to indicate or to imply	48589
that the person is a licensed and registered nursing home	48590
administrator.	48591

(G) Every person holding a valid license entitling the person	48592
to practice nursing home administration in this state shall	48593
display said license in the nursing home which is the person's	48594
principal place of employment, and while engaged in the practice	48595
of nursing home administration shall have at hand the current	48596
registration certificate.	48597

(H) Every person holding a valid temporary license shall have	48598
such license at hand while engaged in the practice of nursing home	48599
administration.	48600

Sec. 4755.03.  There is hereby created in the department of	48601
health the Ohio occupational therapy, physical therapy, and	48602
athletic trainers board consisting. The board shall consist of	48603
sixteen residents of this state, who shall be appointed by the	48604
governor with the advice and consent of the senate. The board	48605
shall be composed of a physical therapy section, an occupational	48606
therapy section, and an athletic trainers section.	48607

Five members of the board shall be physical therapists who	48608
are licensed to practice physical therapy and who have been	48609
engaged in or actively associated with the practice of physical	48610
therapy in this state for at least five years immediately	48611
preceding appointment. Such members of the board shall sit on the	48612
physical therapy section. The physical therapy section also shall	48613
consist of four additional members, appointed by the governor with	48614
the advice and consent of the senate, who satisfy the same	48615
qualifications as the members of the board sitting on the physical	48616
therapy section, but who are not members of the board. Such	48617
additional members of the physical therapy section are vested with	48618
only such powers and shall perform only such duties as relate to	48619
the affairs of that section, shall serve for the same terms as do	48620
members of the board sitting on the physical therapy section, and	48621
shall subscribe to and file with the secretary of state the	48622
constitutional oath of office.	48623

Five members of the board shall be occupational therapists	48624
who have been engaged in or actively associated with the practice	48625
of occupational therapy in this state for at least five years	48626
immediately preceding appointment. Such members of the board shall	48627
sit on the occupational therapy section.	48628

Four members of the board shall be athletic trainers who have	48629
been engaged in the practice of athletic training in Ohio for at	48630
least five years immediately preceding appointment. One member of	48631
the board shall be a physician licensed to practice medicine and	48632
surgery in this state. Such members of the board shall sit on the	48633
athletic trainers section.	48634

One member of the board shall represent the public and shall	48635
be at least sixty years of age. This member shall sit on the	48636
board.	48637

Terms of office are for three years, each term commencing on	48638
the twenty-eighth day of August and ending on the twenty-seventh	48639
day of August. Each member shall serve subsequent to the	48640
expiration of histhe member's term until histhe member's	48641
successor is appointed and qualifies, or until a period of sixty	48642
days has elapsed, whichever occurs first. Each member, before	48643
entering upon theofficial duties of his office, shall subscribe	48644
to and file with the secretary of state the constitutional oath of	48645
office. All vacancies shall be filled in the manner prescribed for	48646
the regular appointments to the board and are limited to the	48647
unexpired terms.	48648

Annually, upon the qualification of the member or members	48649
appointed in that year, the board shall organize by selecting from	48650
its members a president and secretary. Each section of the board	48651
shall organize by selecting from its members a chairman	48652
chairperson and secretary.	48653

The majority of the members of the board constitutes a quorum	48654
to transact and vote on the business of the board. A majority of	48655
the members of each section constitutes a quorum to transact and	48656
vote on the affairs of that section.	48657

Each member of the board and each additional member of the	48658
physical therapy section shall receive an amount fixed pursuant to	48659
division (J) of section 124.15 of the Revised Code for each day	48660
employed in the discharge of hisofficial duties. In addition,	48661
each member of the board and each additional member of the	48662
physical therapy section shall receive histhe member's actual and	48663
necessary expenses incurred in the performance of his official	48664
duties.	48665

The board of trustees of the Ohio occupational therapy	48666
association, inc., may recommend, after any term expires or	48667
vacancy occurs in an occupational therapy position, at least three	48668
persons to fill each such position or vacancy on the board, and	48669
the governor may make histhe appointment from the persons so	48670
recommended. The executive board of the Ohio chapter, inc., of the	48671
American physical therapy association may recommend, after any	48672
term expires or vacancy occurs in a physical therapy position, at	48673
least three persons to fill each such vacancy on the board, and	48674
the governor may make his appointments from the persons so	48675
recommended. The Ohio athletic trainers association shall	48676
recommend to the governor at least three persons for each of the	48677
initial appointments to an athletic trainer's position. The Ohio	48678
athletic trainers association shall also recommend to the governor	48679
at least three persons when any term expires or any vacancy occurs	48680
in such a position. The governor may select one of the	48681
association's recommendations in making such an appointment.	48682

The board shall meet as a whole to determine all	48683
administrative, personnel, and budgetary matters. The executive	48684
director of the board appointed by the board shall not be a	48685
physical therapist, an occupational therapist, or an athletic	48686
trainer who has been licensed to practice physical therapy,	48687
occupational therapy, or as an athletic trainer in this state	48688
within three years immediately preceding appointment. The	48689
executive director shall serve at the pleasure of the board.	48690

The occupational therapy section of the board shall have the	48691
full authority to act on behalf of the board on all matters	48692
concerning the practice of occupational therapy and, in	48693
particular, the examination, licensure, and suspension or	48694
revocation of licensure of applicants, occupational therapists,	48695
and occupational therapy assistants. The physical therapy section	48696
of the board shall have the full authority to act on behalf of the	48697
board on all matters concerning the practice of physical therapy	48698
and, in particular, the examination, licensure, and suspension or	48699
revocation of licensure of applicants, physical therapists, and	48700
physical therapist assistants. The athletic trainers section of	48701
the board shall have the full authority to act on behalf of the	48702
board on all matters concerning the practice of athletic training	48703
and, in particular, the examination, licensure, and suspension or	48704
revocation of licensure of applicants and athletic trainers. All	48705
actions taken by any section of the board under this paragraph	48706
shall be in accordance with Chapter 119. of the Revised Code.	48707

Sec. 4755.031. Notwithstanding any other section of this	48708
chapter, any rules required to be adopted by any section of the	48709
Ohio occupational therapy, physical therapy, and athletic trainers	48710
board shall be adopted on behalf of that section of the board by	48711
the director of health. When adopting rules for a section of the	48712
board, the director shall, to the extent the director considers	48713
appropriate, consult with or accept comments from that section.	48714
Any rules adopted prior to the effective date of this section	48715
shall continue in force as rules of the department of health until	48716
amended or rescinded by the director.	48717

Sec. 4759.08.  (A) The Ohio board of dietetics shall charge	48718
and collect fees as described in this section for issuing the	48719
following:	48720

(1) An application for an initial dietitian license, or an	48721
application for reinstatementreactivation of an inactive license,	48722
one hundred tentwenty-five dollars, and for reinstatement of a	48723
lapsed, revoked, or suspended license, one hundred sixty-five	48724
eighty dollars;	48725

(2) License renewal, eightyninety-five dollars;

48726

(3) A limited permit, and renewal of the permit, fifty-five	48727
sixty-five dollars;	48728

(4) A duplicate license or permit, twenty dollars;

48729

(5) For processing a late application for renewal of any	48730
license or permit, an additional fee equal to fifty per cent of	48731
the fee for the renewal.	48732

(B) The board shall not require a licensed dietitian holding	48733
an inactive license to pay the renewal fee.	48734

(C) Subject to the approval of the controlling board, the	48735
Ohio board of dietetics may establish fees in excess of the	48736
amounts provided in division (A) of this section, provided that	48737
the fees do not exceed the amounts by greater than fifty per cent.	48738

(D) The board may adopt rules pursuant to Chapter 119. of the	48739
Revised Code to waive all or part of the fee for an initial	48740
license if the license is issued within one hundred days of the	48741
date of expiration of the license.	48742

(E) All receipts of the board shall be deposited in the state	48743
treasury to the credit of the occupational licensing and	48744
regulatory fund. All vouchers of the board shall be approved by	48745
the chairperson or secretary of the board, or both, as authorized	48746
by the board.	48747

Sec. 4771.22.  The Ohio athletic commission shall deposit all	48748
money it receives under this chapter to the credit of the athlete	48749
agents registrationoccupational licensing and regulatory fund,	48750
which is hereby created in the state treasury. The commission	48751
shall use the fund to administer and enforce this chapterunder	48752
section 4743.05 of the Revised Code.	48753

Sec. 4779.08.  (A) The state board of orthotics, prosthetics,	48754
and pedorthics shall adopt rules in accordance with Chapter 119.	48755
of the Revised Code to carry out the purposes of this chapter,	48756
including rules prescribing all of the following:	48757

(1) The form and manner of filing of applications to be	48758
admitted to examinations and for licensure and license renewal;	48759

(2) Standards and procedures for formulating, evaluating,	48760
approving, and administering licensing examinations or recognizing	48761
other entities that conduct examinations;	48762

(3) The form, scoring, and scheduling of licensing	48763
examinations;	48764

(4) Fees for examinations and applications for licensure and	48765
license renewal;	48766

(5) Fees for approval of continuing education courses;

48767

(6) Procedures for issuance, renewal, suspension, and	48768
revocation of licenses and the conduct of disciplinary hearings;	48769

(7) Standards of ethical and professional conduct in the	48770
practice of orthotics, prosthetics, and pedorthics;	48771

(8) Standards for approving national certification	48772
organizations in orthotics, prosthetics, and pedorthics;	48773

(9) Fines for violations of this chapter;

48774

(10) Standards for the recognition and approval of	48775
educational programs required for licensure, including standards	48776
for approving foreign educational credentials;	48777

(11) Standards for continuing education programs required for	48778
license renewal;	48779

(12) Provisions for making available the information	48780
described in section 4779.22 of the Revised Code.	48781

(B) The board may adopt any other rules necessary for the	48782
administration of this chapter.	48783

(C) The fees prescribed by this section shall be paid to the	48784
treasurer of state, who shall from the effective date of this	48785
section until December 31, 2004, deposit the fees in the	48786
occupational licensing and regulatory fund established in section	48787
4743.05 of the Revised Code.	48788

Sec. 4779.17.  The state board of orthotics, prosthetics, and	48789
pedorthics shall issue a license under section 4779.09 of the	48790
Revised Code to practice orthotics, prosthetics, orthotics and	48791
prosthetics, or pedorthics without examination to an applicant who	48792
meets all of the following requirements:	48793

(A) Applies to the board in accordance with section 4779.09	48794
of the Revised Code;	48795

(B) Holds a license to practice orthotics, prosthetics,	48796
orthotics and prosthetics, or pedorthics issued by the appropriate	48797
authority of another state;	48798

(C) One of the following applies:

48799

(1) In the case of an applicant for a license to practice	48800
orthotics, the applicant meets the requirements in divisions	48801
(A)(2) and (3) of section 4779.10 of the Revised Code.	48802

(2) In the case of an applicant for a license to practice	48803
prosthetics, the applicant meets the requirements in divisions	48804
(A)(2) and (3) of section 4779.11 of the Revised Code.	48805

(3) In the case of an applicant for a license to practice	48806
orthotics and prosthetics, the applicant meets the requirements in	48807
divisions (A)(2) and (3) of section 4779.12 of the Revised Code.	48808

(4) In the case of an applicant for a license to practice	48809
pedorthics, the applicant meets the requirements in divisions (B)	48810
and (C) of section 4779.13 of the Revised Code.	48811

(D) The fees prescribed by this section shall be paid to the	48812
treasurer of state, who shall from the effective date of this	48813
section until December 31, 2004, deposit the fees in the	48814
occupational licensing and regulatory fund established in section	48815
4743.05 of the Revised Code.	48816

Sec. 4779.18.  (A) The state board of orthotics, prosthetics,	48817
and pedorthics shall issue a temporary license to an individual	48818
who meets all of the following requirements:	48819

(1) Applies to the board in accordance with rules adopted	48820
under section 4779.08 of the Revised Code and pays the application	48821
fee specified in the rules;	48822

(2) Is eighteen years of age or older;

48823

(3) Is of good moral character;

48824

(4) One of the following applies:

48825

(a) In the case of an applicant for a license to practice	48826
orthotics, the applicant meets the requirements in divisions	48827
(A)(2) and (3) of section 4779.10 of the Revised Code.	48828

(b) In the case of an applicant for a license to practice	48829
prosthetics, the applicant meets the requirements in divisions	48830
(A)(2) and (3) of section 4779.11 of the Revised Code.	48831

(c) In the case of an applicant for a license to practice	48832
orthotics and prosthetics, the applicant meets the requirements in	48833
divisions (A)(2) and (3) of section 4779.12 of the Revised Code.	48834

(d) In the case of an applicant for a license to practice	48835
pedorthics, the applicant meets the requirements in divisions (B)	48836
and (C) of section 4779.13 of the Revised Code.	48837

(B) A temporary license issued under this section is valid	48838
for one year and may be renewed once in accordance with rules	48839
adopted by the board under section 4779.08 of the Revised Code.	48840

An individual who holds a temporary license may practice	48841
orthotics, prosthetics, orthotics and prosthetics, or pedorthics	48842
only under the supervision of an individual who holds a license	48843
issued under section 4779.09 of the Revised Code in the same area	48844
of practice.	48845

(C) The fees prescribed by this section shall be paid to the	48846
treasurer of state, who shall from the effective date of this	48847
section until December 31, 2004, deposit the fees in the	48848
occupational licensing and regulatory fund established in section	48849
4743.05 of the Revised Code.	48850

Sec. 4903.24.  If the public utilities commission finds after	48851
investigating that any rate, joint rate, fare, charge, toll,	48852
rental, schedule, or classification of service is unjust,	48853
unreasonable, insufficient, unjustly discriminatory, unjustly	48854
preferential, or in violation of law, or that any service is	48855
inadequate or cannot be obtained, the public utility found to be	48856
at fault shall pay the expenses incurred by the commission upon	48857
such investigation.	48858

All fees, expenses, and costs of, or in connection with, any	48859
hearing or investigation may be imposed by the commission upon any	48860
party to the record or may be divided among any parties to the	48861
record in such proportion as the commission determines.	48862

All fees, expenses, and costs authorized and collected under	48863
this section shall be deposited to the credit of the special	48864
assessment fund, which is hereby created in the state treasury.	48865
Money in the fund shall be used by the commission for the purpose	48866
of covering the costs of any investigations or hearings it orders	48867
regarding any public utility.	48868

Sec. 4905.79.  Any telephone company, as defined in division	48869
(D)(2) of section 5727.01 of the Revised Code, that is required to	48870
provide any telephone service program implemented after March 27,	48871
1991, to aid the communicatively impaired in accessing the	48872
telephone network shall be allowed a tax credit for the costs of	48873
any such program under section 5727.445733.56 of the Revised	48874
Code. Relative to any such program, the public utilities	48875
commission, in accordance with its rules, shall allow interested	48876
parties to intervene and participate in any proceeding or part of	48877
a proceeding brought before the commission pursuant to this	48878
section. The commission shall adopt rules it considers necessary	48879
to carry out this section.	48880

Sec. 4905.91.  For the purpose of protecting the public	48881
safety with respect to intrastate pipe-line transportation by any	48882
operator:	48883

(A) The public utilities commission shall:

48884

(1) Adopt, and may amend or rescind, rules to carry out	48885
sections 4905.90 to 4905.96 of the Revised Code, including rules	48886
concerning pipe-line safety, drug testing, and enforcement	48887
procedures. The commission shall adopt these rules only after	48888
notice and opportunity for public comment. The rules adopted under	48889
this division and any orders issued under sections 4905.90 to	48890
4905.96 of the Revised Code constitute the pipe-line safety code.	48891
The commission shall administer and enforce that code.	48892

(2) Make certifications and reports to the United States	48893
department of transportation as required under the Natural Gas	48894
Pipeline Safety Act.	48895

(B) The commission may:

48896

(1) Investigate any service, act, practice, policy, or	48897
omission by any operator to determine its compliance with sections	48898
4905.90 to 4905.96 of the Revised Code and the pipe-line safety	48899
code;	48900

(2) Investigate any intrastate pipe-line transportation	48901
facility to determine if it is hazardous to life or property, as	48902
provided in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1679b(b)(2) and	48903
(3);	48904

(3) Investigate the existence or report of any safety-related	48905
condition that involves any intrastate pipe-line transportation	48906
facility;	48907

(4) Enter into and perform contracts or agreements with the	48908
United States department of transportation to inspect interstate	48909
transmission facilities pursuant to the Natural Gas Pipeline	48910
Safety Act;	48911

(5) Accept grants-in-aid, fundscash, and reimbursements	48912
provided for or made available to this state by the federal	48913
government to carry out the Natural Gas Pipeline Safety Act or to	48914
enforce sections 4905.90 to 4905.96 of the Revised Code and the	48915
pipe-line safety code. All such grants-in-aid, cash, and	48916
reimbursements shall be deposited to the credit of the gas	48917
pipe-line safety fund, which is hereby created in the state	48918
treasury, to be used by the commission for the purpose of carrying	48919
out this section.	48920

(C) The commission's regulation of gathering lines shall	48921
conform to the regulation of gathering lines in 49 C.F.R. parts	48922
192 and 199, as amended, and the commission's annual certification	48923
agreements with the United States department of transportation,	48924
except that rule 4901:1-16-03, paragraph (D) of rule 4901:1-16-05,	48925
and rule 4901:1-16-06 of the Ohio Administrative Code shall also	48926
apply to gathering lines. The procedural rules under chapter	48927
4901:1-16 of the Ohio Administrative Code shall also apply to	48928
operators of gathering lines.	48929

Sec. 4919.79.  (A) The public utilities commission may adopt	48930
safety rules applicable to the highway transportation and offering	48931
for transportation of hazardous materials in interstate commerce,	48932
which highway transportation takes place into or through this	48933
state.	48934

(B) The commission may adopt safety rules applicable to the	48935
highway transportation of persons or property in interstate	48936
commerce, which transportation takes place into or through this	48937
state.	48938

(C) Rules adopted under divisions (A) and (B) of this section	48939
shall be consistent with, and equivalent in scope, coverage, and	48940
content to, the "Hazardous Materials Transportation Act," 88 Stat.	48941
2156 (1975), 49 U.S.C.A. 1801, as amended, and regulations adopted	48942
under it, and the "Motor Carrier Safety Act of 1984," 98 Stat.	48943
2832, 49 U.S.C.A. 2501, and regulations adopted under it,	48944
respectively. No person shall violate a rule adopted under	48945
division (A) or (B) of this section or any order of the commission	48946
issued to secure compliance with any such rule.	48947

(D) The commission shall cooperate with, and permit the use	48948
of, the services, records, and facilities of the commission as	48949
fully as practicable by appropriate officers of the interstate	48950
commerce commission, the United States department of	48951
transportation, and other federal agencies or commissions and	48952
appropriate commissions of other states in the enforcement and	48953
administration of state and federal laws relating to highway	48954
transportation by motor vehicles. The commission may enter into	48955
cooperative agreements with the interstate commerce commission,	48956
the United States department of transportation, and any other	48957
federal agency or commission to enforce the economic and safety	48958
laws and rules of this state and of the United States concerning	48959
highway transportation by motor vehicles. All grants-in-aid, cash,	48960
and reimbursements received by the commission pursuant to those	48961
cooperative agreements shall be deposited to the credit of the	48962
motor carrier safety fund, which is hereby created in the state	48963
treasury, to be used by the commission for the purpose of carrying	48964
out this section.	48965

(E) To achieve the purposes of this section, the commission	48966
may, through its inspectors or other authorized employees, inspect	48967
any vehicles of carriers of persons or property in interstate	48968
commerce subject to the safety rules prescribed by this section	48969
and may enter upon the premises and vehicles of such carriers to	48970
examine any of the carriers' records or documents that relate to	48971
the safety of operation of such carriers. In order to assist the	48972
commission in the performance of its duties under this section,	48973
authorized employees of the commercial motor vehicle safety	48974
enforcement unit, division of state highway patrol, of the	48975
department of public safety may enter in or upon, for purposes of	48976
inspection, any vehicle of any such carrier.	48977

In order to inspect motor vehicles owned or operated by	48978
private motor carriers of persons, authorized employees of the	48979
commercial motor vehicle safety enforcement unit, division of	48980
state highway patrol, of the department of public safety may enter	48981
in or upon the premises of any private carrier of persons in	48982
interstate commerce, subject to the safety rules prescribed by	48983
this section.	48984

Sec. 4928.62.  (A) Beginning on the starting date of	48985
competitive retail electric service, there is hereby created the	48986
energy efficiency revolving loan program, which shall be	48987
administered by the director of development. Under the program,	48988
the director may authorize the use of moneys in the energy	48989
efficiency revolving loan fund for financial assistance for	48990
projects in this state. To the extent feasible given approved	48991
applications for assistance, the assistance shall be distributed	48992
among the certified territories of electric distribution utilities	48993
and participating electric cooperatives, and among the service	48994
areas of participating municipal electric utilities, in amounts	48995
proportionate to the remittances of each utility and cooperative	48996
under divisions (B)(1) and (3) of section 4928.61 of the Revised	48997
Code. The assistance shallmay be made or provided through	48998
approved lending institutionsby the director of development in	48999
the form of direct loans, or grants, or through lending	49000
institutions in the form of loan participation agreements at below	49001
market rates, loan guarantees for such loans, andor linked	49002
deposits for such loans. The total of all grants provided in any	49003
one fiscal year shall not exceed ten per cent of the revenues paid	49004
into the energy efficiency revolving loan fund during the previous	49005
fiscal year.	49006

The director shall not authorize financial assistance under	49007
the program unless the director first determines all of the	49008
following:	49009

(1) The project will include an investment in products,	49010
technologies, or services, including energy efficiency or	49011
renewable energy for low-income housing, for residential, small	49012
commercial and small industrial business, local government,	49013
educational institution, nonprofit entity, or agricultural	49014
customers of an electric distribution utility in this state or a	49015
participating municipal electric utility or electric cooperative	49016
in this state.	49017

(2) The project will improve energy efficiency, provide for	49018
the use of renewable energy, or monitor energy usage in a	49019
cost-efficient manner by using both the most appropriate national,	49020
federal, or other standards for products as determined by the	49021
director, and the best practices for use of technology, products,	49022
or services in the context of the total facility or building.	49023

(3) The project will benefit the economic and environmental	49024
welfare of the citizens of this state.	49025

(4) The receipt of financial assistance is a major factor in	49026
the applicant's decision to proceed with or invest in the project.	49027

(B) In carrying out sections 4928.61 to 4928.63 of the	49028
Revised Code, the director may do all of the following for the	49029
purpose of the energy efficiency revolving loan program:	49030

(1) Acquire in the name of the director any property of any	49031
kind or character in accordance with this section, by purchase,	49032
purchase at foreclosure, or exchange, on such terms and in such	49033
manner as the director considers proper;	49034

(2) Make and enter into all contracts and agreements	49035
necessary or incidental to the performance of the director's	49036
duties and the exercise of the director's powers under those	49037
sections;	49038

(3) Employ or enter into contracts with financial	49039
consultants, marketing consultants, consulting engineers,	49040
architects, managers, construction experts, attorneys, technical	49041
monitors, energy evaluators, or other employees or agents as the	49042
director considers necessary, and shall fix their compensation;	49043

(4) Adopt rules prescribing the application procedures for	49044
financial assistance under the program; the terms and conditions	49045
of any loans, loan guarantees, grants, linked deposits, and	49046
contracts; criteria pertaining to the eligibility of participating	49047
lending institutions; and any other matters necessary for the	49048
implementation of the program;	49049

(5) Do all things necessary and appropriate for the operation	49050
of the program.	49051

(C) Financial statements, financial data, and trade secrets	49052
submitted to or received by the director from an applicant or	49053
recipient of financial assistance under sections 4928.61 to	49054
4928.63 of the Revised Code, or any information taken from those	49055
statements, data, or trade secrets for any purpose, are not public	49056
records for the purpose of section 149.43 of the Revised Code.	49057

Sec. 4928.63.  The director of development and the public	49058
benefits advisory board have the powers and duties provided in	49059
sections 4928.61 and 4928.62 of the Revised Code, in order to	49060
promote the welfare of the people of this state, to stabilize the	49061
economy, to assist in the improvement and development within this	49062
state of not-for-profit entity, industrial, commercial,	49063
distribution, residential, and research buildings and activities	49064
required for the people of this state, to improve the economic	49065
welfare of the people of this state, and also to assist in the	49066
improvement of air, water, or thermal pollution control facilities	49067
and solid waste disposal facilities. It is hereby determined that	49068
the accomplishment of those purposes is essential so that the	49069
people of this state may maintain their present high standards in	49070
comparison with the people of other states and so that	49071
opportunities for improving the economic welfare of the people of	49072
this state, for improving the housing of residents of this state,	49073
and for favorable markets for the products of this state's natural	49074
resources, agriculture, and manufacturing shall be improved; and	49075
that it is necessary for this state to establish the program	49076
authorized pursuant to sections 4928.61 and 4928.62 of the Revised	49077
Code, to establish the energy efficiency revolving loan program	49078
and program fund and the energy efficiency revolving loan program	49079
advisory board, and to vest the director and the board with the	49080
powers and duties provided in sections 4928.61 and 4928.62 of the	49081
Revised Code.	49082

Sec. 4931.45.  (A) A final plan may be amended to expand the	49083
territory included in the countywide 9-1-1 system, to upgrade any	49084
part or all of a system from basic 9-1-1 to enhanced 9-1-1	49085
service, to adjust the territory served by a public safety	49086
answering point, to represcribe the funding of public safety	49087
answering points as between the alternatives set forth in division	49088
(B)(5) of section 4931.43 of the Revised Code, or to make any	49089
other necessary adjustments to the plan only by convening a new	49090
9-1-1 planning committee, and adopting an amended final plan. The	49091
convening of a new 9-1-1 planning committee and the proposal and	49092
adoption of an amended final plan shall be made in the same manner	49093
required for the convening of an initial committee and adoption of	49094
an original proposed and final plan under sections 4931.42 to	49095
4931.44 of the Revised Code. Adoption of any resolution under	49096
section 4931.51 of the Revised Code pursuant to a final plan that	49097
both has been adopted and provides for funding through charges	49098
imposed under that section is not an amendment of a final plan for	49099
the purpose of this division.	49100

(B) When a final plan is amended to expand the territory that	49101
receives 9-1-1 service or to upgrade a 9-1-1 system from basic to	49102
enhanced 9-1-1 service, the provisions of sections 4931.47 and	49103
5727.395733.55 of the Revised Code apply with respect to the	49104
telephone company's recovery of the nonrecurring and recurring	49105
rates and charges for the telephone network portion of the system.	49106

Sec. 4931.47.  (A) In accordance with Chapters 4901., 4903.,	49107
4905., 4909., and 4931. of the Revised Code, the public utilities	49108
commission shall determine the just, reasonable, and compensatory	49109
rates, tolls, classifications, charges, or rentals to be observed	49110
and charged for the telephone network portion of a basic and	49111
enhanced 9-1-1 system, and each telephone company participating in	49112
the system shall be subject to such chapters, to the extent they	49113
apply, as to the service provided by its portion of the telephone	49114
network system as described in the final plan or to be installed	49115
pursuant to agreements under section 4931.48 of the Revised Code,	49116
and as to the rates, tolls, classifications, charges, or rentals	49117
to be observed and charged for that service.	49118

(B) Only the customers of a participating telephone company	49119
that are served within the area covered by a 9-1-1 system shall	49120
pay the recurring rates for the maintenance and operation of the	49121
telephone network in providing 9-1-1 service. Such rates shall be	49122
computed by dividing the total monthly recurring rates set forth	49123
in a telephone company's schedule as filed in accordance with	49124
section 4905.30 of the Revised Code, by the total number of	49125
residential and business customer access lines, or their	49126
equivalent, within the area served. Each residential and business	49127
customer within the area served shall pay the recurring rates	49128
based on the number of its residential and business customer	49129
access lines or their equivalent. No company may include such	49130
amount on any customer's bill until the company has completed its	49131
portion of the telephone network in accordance with the terms,	49132
conditions, requirements, and specifications of the final plan or	49133
an agreement made under section 4931.48 of the Revised Code.	49134

(C)(1) Except as otherwise provided in division (C)(2) of	49135
this section, the total nonrecurring charges for the telephone	49136
network used in providing 9-1-1 service, as set forth in the	49137
schedule filed by a telephone company in accordance with section	49138
4905.30 of the Revised Code, on completion of the installation of	49139
the network in accordance with the terms, conditions,	49140
requirements, and specifications of the final plan or pursuant to	49141
section 4931.48 of the Revised Code shall be recovered by the	49142
company through the credit authorized by section 5727.395733.55	49143
of the Revised Code.	49144

(2) The credit shall not be allowed for upgrading of a system	49145
from basic to enhanced 9-1-1 service when:	49146

(a) The telephone company received the credit for the	49147
telephone network portion of the basic 9-1-1 system now proposed	49148
to be upgraded; and	49149

(b) At the time the final plan or agreement pursuant to	49150
section 4931.48 of the Revised Code calling for the basic 9-1-1	49151
system was agreed to, the telephone company was capable of	49152
reasonably meeting the technical and economic requirements of	49153
providing the telephone network portion of an enhanced 9-1-1	49154
system within the territory proposed to be upgraded, as determined	49155
by the public utilities commission under division (A) or (H) of	49156
section 4931.41 or division (C) of section 4931.48 of the Revised	49157
Code.	49158

(3) When the credit is not allowed under division (C)(2) of	49159
this section, the total nonrecurring charges for the telephone	49160
network used in providing 9-1-1 service, as set forth in the	49161
schedule filed by a telephone company in accordance with section	49162
4905.30 of the Revised Code, on completion of the installation of	49163
the network in accordance with the terms, conditions,	49164
requirements, and specifications of the final plan or pursuant to	49165
section 4931.48 of the Revised Code, shall be paid by the	49166
municipal corporations and townships with any territory in the	49167
area in which such upgrade from basic to enhanced 9-1-1 service is	49168
made.	49169

(D) Where customer premises equipment for a public safety	49170
answering point is supplied by a telephone company that is	49171
required to file a schedule under section 4905.30 of the Revised	49172
Code pertaining to customer premises equipment, the recurring and	49173
nonrecurring rates and charges for the installation and	49174
maintenance of the equipment specified in the schedule shall	49175
apply.	49176

Sec. 4931.48.  (A) If a final plan is disapproved under	49177
division (B) of section 4931.44 of the Revised Code, by	49178
resolution, the legislative authority of a municipal corporation	49179
or township that contains at least thirty per cent of the county's	49180
population may establish within its boundaries, or the legislative	49181
authorities of a group of municipal corporations or townships each	49182
of which is contiguous with at least one other such municipal	49183
corporation or township in the group, together containing at least	49184
thirty per cent of the county's population, may jointly establish	49185
within their boundaries a 9-1-1 system. For this purpose, the	49186
municipal corporation or township may enter into an agreement, and	49187
the contiguous municipal corporations or townships may jointly	49188
enter into an agreement with a telephone company providing service	49189
in the municipal corporations or townships to provide for the	49190
telephone network portion of the system.	49191

(B) If no resolution has been adopted to convene a 9-1-1	49192
planning committee under section 4931.42 of the Revised Code, but	49193
not sooner than eighteen months after the effective date of such	49194
section, by resolution, the legislative authority of any municipal	49195
corporation in the county may establish within its boundaries, or	49196
the legislative authorities of a group of municipal corporations	49197
and townships each of which is contiguous to at least one of the	49198
other such municipal corporations or townships in the group may	49199
jointly establish within their boundaries, a 9-1-1 system. The	49200
municipal corporation or contiguous municipal corporations and	49201
townships, may enter into an agreement with a telephone company	49202
serving cutomerscustomers within the boundaries of the municipal	49203
corporation or contiguous municipal corporations and townships, to	49204
provide for the telephone network portion of a 9-1-1 system.	49205

(C) Whenever a telephone company and one or more municipal	49206
corporations and townships enter into an agreement under this	49207
section to provide for the telephone network portion of a basic	49208
9-1-1 system, the telephone company shall so notify the public	49209
utilities commission, which shall determine whether the telephone	49210
company is capable of reasonably meeting the technical and	49211
economic requirements of providing the telephone network for an	49212
enhanced system within the territory served by the company and	49213
covered by the agreement. The determination shall be made solely	49214
for the purposes of division (C)(2) of section 4931.47 of the	49215
Revised Code.	49216

(D) Within three years from the date of entering into an	49217
agreement under division (A) or (B) of this section, the telephone	49218
company shall have installed the telephone network portion of the	49219
9-1-1 system according to the terms, conditions, requirements, and	49220
specifications set forth in the agreement.	49221

(E) The telephone company shall recover the cost of	49222
installing the telephone network system pursuant to agreements	49223
made under this section as provided in sectionssection 4931.47	49224
and 5727.39of the Revised Code, as authorized under section	49225
5733.55 of the Revised Code.	49226

Sec. 4973.17.  (A) Upon the application of any bank, building	49227
and loan association, or association of banks or building and loan	49228
associations in this state, the governorsecretary of state may	49229
appoint and commission any persons that the bank, building and	49230
loan association, or association of banks or building and loan	49231
associations designates, or as many of those persons as the	49232
governorsecretary of state considers proper, to act as police	49233
officers for and on the premises of that bank, building and loan	49234
association, or association of banks or building and loan	49235
associations, or elsewhere, when directly in the discharge of	49236
their duties. Police officers so appointed shall be citizens of	49237
this state and of good character. They shall hold office for three	49238
years, unless, for good cause shown, their commission is revoked	49239
by the governorsecretary of state, or by the bank, building and	49240
loan association, or association of banks or building and loan	49241
associations, as provided by law.	49242

(B) Upon the application of a company owning or using a	49243
railroad in this state and subject to section 4973.171 of the	49244
Revised Code, the governorsecretary of state may appoint and	49245
commission any persons that the railroad company designates, or as	49246
many of those persons as the governorsecretary of state considers	49247
proper, to act as police officers for and on the premises of the	49248
railroad company, its affiliates or subsidiaries, or elsewhere,	49249
when directly in the discharge of their duties. Police officers so	49250
appointed, within the time set by the Ohio peace officer training	49251
commission, shall successfully complete a commission approved	49252
training program and be certified by the commission. They shall	49253
hold office for three years, unless, for good cause shown, their	49254
commission is revoked by the governorsecretary of state, or	49255
railroad company, as provided by law.	49256

Any person holding a similar commission in another state may	49257
be commissioned and may hold office in this state without	49258
completing the approved training program required by this division	49259
provided that that the person has completed a substantially	49260
equivalent training program in the other state. The Ohio peace	49261
officer training commission shall determine whether a training	49262
program in another state meets the requirements of this division.	49263

(C) Upon the application of any company under contract with	49264
the United States atomic energy commission for the construction or	49265
operation of a plant at a site owned by suchthe commission, the	49266
governorsecretary of state may appoint and commission such	49267
persons as the company designates, not to exceed one hundred	49268
fifty, to act as police officers for the company at the plant or	49269
site owned by suchthe commission. Police officers so appointed	49270
shall be citizens of this state and of good character. They shall	49271
hold office for three years, unless, for good cause shown, their	49272
commission is revoked by the governorsecretary of state or by the	49273
company, as provided by law.	49274

(D)(1) Upon the application of any hospital that is operated	49275
by a public hospital agency or a nonprofit hospital agency and	49276
that employs and maintains its own proprietary police department	49277
or security department and subject to section 4973.171 of the	49278
Revised Code, the governorsecretary of state may appoint and	49279
commission any persons that the hospital designates, or as many of	49280
those persons as the governorsecretary of state considers proper,	49281
to act as police officers for the hospital. No person who is	49282
appointed as a police officer under this division shall engage in	49283
any duties or activities as a police officer for the hospital or	49284
any affiliate or subsidiary of the hospital unless all of the	49285
following apply:	49286

(a) The chief of police of the municipal corporation in which	49287
the hospital is located, or, if the hospital is located in the	49288
unincorporated area of a county, the sheriff of that county, has	49289
granted approval to the hospital to permit persons appointed as	49290
police officers under this division to engage in those duties and	49291
activities. The approval required by this division is general in	49292
nature and is intended to cover in the aggregate all persons	49293
appointed as police officers for the hospital under this division;	49294
a separate approval is not required for each appointee on an	49295
individual basis.	49296

(b) Subsequent to the grant of approval described in division	49297
(D)(1)(a) of this section, the hospital has entered into a written	49298
agreement with the chief of police of the municipal corporation in	49299
which the hospital is located, or, if the hospital is located in	49300
the unincorporated area of a county, with the sheriff of that	49301
county, that sets forth the standards and criteria to govern the	49302
interaction and cooperation between persons appointed as police	49303
officers for the hospital under this division and law enforcement	49304
officers serving the agency represented by the chief of police or	49305
sheriff who signed the agreement in areas of their concurrent	49306
jurisdiction. The written agreement shall be signed by the	49307
appointing authority of the hospital and by the chief of police or	49308
sheriff. The standards and criteria may include, but are not	49309
limited to, provisions governing the reporting of offenses	49310
discovered by hospital police officers to the agency represented	49311
by the chief of police or sheriff, provisions governing	49312
investigatory responsibilities relative to offenses committed on	49313
hospital property, and provisions governing the processing and	49314
confinement of persons arrested for offenses committed on hospital	49315
property. The agreement required by this division is intended to	49316
apply in the aggregate to all persons appointed as police officers	49317
for the hospital under this division; a separate agreement is not	49318
required for each appointee on an individual basis.	49319

(c) The person has successfully completed a training program	49320
approved by the Ohio peace officer training commission and has	49321
been certified by the commission. A person appointed as a police	49322
officer under this division may attend a training program approved	49323
by the commission and be certified by the commission regardless of	49324
whether the appropriate chief of police or sheriff has granted the	49325
approval described in division (D)(1)(a) of this section and	49326
regardless of whether the hospital has entered into the written	49327
agreement described in division (D)(1)(b) of this section with the	49328
appropriate chief of police or sheriff.	49329

(2)(a) A person who is appointed as a police officer under	49330
division (D)(1) of this section is entitled, upon the grant of	49331
approval described in division (D)(1)(a) of this section and upon	49332
that the person's and the hospital's compliance with the	49333
requirements of divisions (D)(1)(b) and (c) of this section, to	49334
act as a police officer for the hospital on the premises of the	49335
hospital and of its affiliates and subsidiaries that are within	49336
the territory of the municipal corporation served by the chief of	49337
police or the unincorporated area of the county served by the	49338
sheriff who signed the written agreement described in division	49339
(D)(1)(b) of this section, whichever is applicable, and anywhere	49340
else within the territory of that municipal corporation or within	49341
the unincorporated area of that county. The authority to act as a	49342
police officer as described in this division is granted only if	49343
the person, when engaging in that activity, is directly in the	49344
discharge of that the person's duties as a police officer for the	49345
hospital. The authority to act as a police officer as described in	49346
this division shall be exercised in accordance with the standards	49347
and criteria set forth in the written agreement described in	49348
division (D)(1)(b) of this section.	49349

(b) Additionally, a person appointed as a police officer	49350
under division (D)(1) of this section is entitled, upon the grant	49351
of approval described in division (D)(1)(a) of this section and	49352
upon that the person's and the hospital's compliance with the	49353
requirements of divisions (D)(1)(b) and (c) of this section, to	49354
act as a police officer elsewhere, within the territory of a	49355
municipal corporation or within the unincorporated area of a	49356
county, if the chief of police of that municipal corporation or	49357
the sheriff of that county, respectively, has granted approval for	49358
that activity to the hospital, police department, or security	49359
department served by the person as a police officer and if the	49360
person, when engaging in that activity, is directly in the	49361
discharge of that the person's duties as a police officer for the	49362
hospital. The approval described in this division may be general	49363
in nature or may be limited in scope, duration, or applicability,	49364
as determined by the chief of police or sheriff granting the	49365
approval.	49366

(3) Police officers appointed under division (D)(1) of this	49367
section shall hold office for three years, unless, for good cause	49368
shown, their commission is revoked by the governorsecretary of	49369
state or by the hospital, as provided by law. As used in divisions	49370
(D)(1) to (3) of this section, "public hospital agency" and	49371
"nonprofit hospital agency" have the same meaningmeanings as in	49372
section 140.01 of the Revised Code.	49373

(E) A fee of fivefifteen dollars for each commission applied	49374
for under this section shall be paid at the time the application	49375
is made, and this amount shall be returned if for any reason a	49376
commission is not issued.	49377

Sec. 4981.20.  (A) Any real or personal property, or both, of	49378
the Ohio rail development commission that is acquired,	49379
constructed, reconstructed, enlarged, improved, furnished, or	49380
equipped, or any combination thereof, and leased or subleased	49381
under authority of sections 4981.11 to 4981.26 of the Revised Code	49382
shall be subject to ad valorem, sales, use, and franchise taxes	49383
and to zoning, planning, and building regulations and fees, to the	49384
same extent and in the same manner as if the lessee-user or	49385
sublessee-user thereof, rather than the issuer, had acquired,	49386
constructed, reconstructed, enlarged, improved, furnished, or	49387
equipped, or any combination thereof, such real or personal	49388
property, and title thereto was in the name of such lessee-user or	49389
sublessee-user.	49390

The transfer of tangible personal property by lease or	49391
sublease under authority of sections 4981.11 to 4981.26 of the	49392
Revised Code is not a sale as used in Chapter 5739. of the Revised	49393
Code. The exemptions provided in divisions (B)(1) and (14)(13) of	49394
section 5739.02 of the Revised Code shall not be applicable to	49395
purchases for a project under sections 4981.11 to 4981.26 of the	49396
Revised Code.	49397

The issuer shall be exempt from all taxes on its real or	49398
personal property, or both, which has been acquired, constructed,	49399
reconstructed, enlarged, improved, furnished, or equipped, or any	49400
combination thereof, under sections 4981.11 to 4981.26 of the	49401
Revised Code so long as such property is used by the issuer for	49402
purposes which would otherwise exempt such property; has ceased to	49403
be used by a former lessee-user or sublessee-user and is not	49404
occupied or used; or has been acquired by the issuer but	49405
development has not yet commenced. The exemption shall be	49406
effective as of the date the exempt use begins. All taxes on the	49407
exempt real or personal property for the year should be prorated	49408
and the taxes for the exempt portion of the year shall be remitted	49409
by the county auditor.	49410

(B) Bonds issued under sections 4981.11 to 4981.26 of the	49411
Revised Code, the transfer thereof, and the interest and other	49412
income from the bonds, including any profit made on the sale	49413
thereof, are free from taxation within the state.	49414

Sec. 5101.11.  This section does not apply to contracts	49415
entered into under section 5111.022, 5111.90, or 5111.91 of the	49416
Revised Code.	49417

(A) As used in this section:

49418

(1) "Entity" includes an agency, board, commission, or	49419
department of the state or a political subdivision of the state; a	49420
private, nonprofit entity; a school district; a private school; or	49421
a public or private institution of higher education.	49422

(2) "Federal financial participation" means the federal	49423
government's share of expenditures made by an entity in	49424
implementing a program administered by the department of job and	49425
family services.	49426

(B) At the request of any public entity having authority to	49427
implement a program administered by the department of job and	49428
family services or any private entity under contract with a public	49429
entity to implement a program administered by the department, the	49430
department may seek to obtain federal financial participation for	49431
costs incurred by the entity. Federal financial participation may	49432
be sought from programs operated pursuant to Title IV-A, Title	49433
IV-E, and Title XIX of the "Social Security Act," 49 Stat. 620	49434
(1935), 42 U.S.C. 301, as amended; the "Food Stamp Act of 1964,"	49435
78 Stat. 703, 7 U.S.C. 2011, as amended; and any other statute or	49436
regulation under which federal financial participation may be	49437
available, except that federal financial participation may be	49438
sought only for expenditures made with funds for which federal	49439
financial participation is available under federal law.	49440

(C) All funds collected by the department of job and family	49441
services pursuant to division (B) of this section shall be	49442
distributed to the entities that incurred the costs, except for	49443
any amounts retained by the department pursuant to division (D)(3)	49444
of this section.	49445

(D) In distributing federal financial participation pursuant	49446
to this section, the department may either enter into an agreement	49447
with the entity that is to receive the funds or distribute the	49448
funds in accordance with rules adopted under division (F) of this	49449
section. If the department decides to enter into an agreement to	49450
distribute the funds, the agreement may include terms that do any	49451
of the following:	49452

(1) Provide for the whole or partial reimbursement of any	49453
cost incurred by the entity in implementing the program;	49454

(2) In the event that federal financial participation is	49455
disallowed or otherwise unavailable for any expenditure, require	49456
the department of job and family services or the entity, whichever	49457
party caused the disallowance or unavailability of federal	49458
financial participation, to assume responsibility for the	49459
expenditures;	49460

(3) Permit the department to retain not more than five per	49461
cent of the amount of the federal financial participation to be	49462
distributed to the entity;	49463

(4) Require the public entity to certify the availability of	49464
sufficient unencumbered funds to match the federal financial	49465
participation it receives under this section;	49466

(5) Establish the length of the agreement, which may be for a	49467
fixed or a continuing period of time;	49468

(6) Establish any other requirements determined by the	49469
department to be necessary for the efficient administration of the	49470
agreement.	49471

(E) An entity that receives federal financial participation	49472
pursuant to this section for a program aiding children and their	49473
families shall establish a process for collaborative planning with	49474
the department of job and family services for the use of the funds	49475
to improve and expand the program.	49476

(F) The director of job and family services shall adopt rules	49477
as necessary to implement this section, including rules for the	49478
distribution of federal financial participation pursuant to this	49479
section. The rules shall be adopted in accordance with Chapter	49480
119. of the Revised Code. The director may adopt or amend any	49481
statewide plan required by the federal government for a program	49482
administered by the department, as necessary to implement this	49483
section.	49484

(G) Federal financial participation received pursuant to this	49485
section shall not be included in any calculation made under	49486
section 5101.16 or 5101.161 of the Revised Code.	49487

Sec. 5101.12. The department of job and family services shall	49488
maximize its receipt of federal revenue. In fulfilling this duty,	49489
the department may enter into contracts to maximize federal	49490
revenue without the expenditure of state money. In selecting	49491
entities with which to contract, the department shall engage in a	49492
request for proposals process. The department may also enter into	49493
contracts with public entities providing revenue maximization	49494
services.	49495

Each year in January and July, the department shall submit a	49496
report to the office of budget and management outlining the	49497
department's success in maximizing federal revenue. The office of	49498
budget and management shall establish procedures and requirements	49499
for preparing and submitting the reports and shall compile data	49500
concerning the amount of federal revenue received by the	49501
department. The department shall submit a copy of each of its	49502
reports to the speaker and minority leader of the house of	49503
representatives, the president and minority leader of the senate,	49504
and the legislative service commission.	49505

Sec. 5101.14.  (A) As used in this section and section	49506
5101.144 of the Revised Code, "children services" means services	49507
provided to children pursuant to Chapter 5153. of the Revised	49508
Code.	49509

(B) Within available funds, the department of job and family	49510
services shall make paymentsdistribute funds to the counties	49511
within thirty days after the beginning of each calendar quarter	49512
for a part of theirthe counties' costs for children services to	49513
children performed pursuant to Chapter 5153. of the Revised Code.	49514

Funds provided to the county under this section shall be	49515
deposited into the children services fund created pursuant to	49516
section 5101.144 of the Revised Code.	49517

(B)(1) The funds distributed under this section shall be used	49518
for the following:	49519

(a) Home-based services to children and families;

49520

(b) Protective services to children;

49521

(c) To find, develop, and approve adoptive homes;

49522

(d) Short-term, out-of-home care and treatment for children;

49523

(e) Costs for the care of a child who resides with a	49524
caretaker relative, other than the child's parent, and is in the	49525
legal custody of a public children services agency pursuant to a	49526
voluntary temporary custody agreement entered into under division	49527
(A) of section 5103.15 of the Revised Code or in the legal custody	49528
of a public children services agency or the caretaker relative	49529
pursuant to an allegation or adjudication of abuse, neglect, or	49530
dependency made under Chapter 2151. of the Revised Code;	49531

(f) Other services a public children services agency	49532
considers necessary to protect children from abuse, neglect, or	49533
dependency.	49534

(2) No funds distributed under this section shall be used for	49535
the costs of maintaining a child in a children's home owned and	49536
operated by the county.	49537

(C) In each fiscal year, the amount of funds available for	49538
distribution under this section shall be allocated to counties as	49539
follows:	49540

(1) If the amount is less than the amount initially	49541
appropriated for the immediately preceding fiscal year, each	49542
county shall receive an amount equal to the percentage of the	49543
funding it received in the immediately preceding fiscal year,	49544
exclusive of any releases from or additions to the allocation or	49545
any sanctions imposed under this section;	49546

(2) If the amount is equal to the amount initially	49547
appropriated for the immediately preceding fiscal year, each	49548
county shall receive an amount equal to the amount it received in	49549
the preceding fiscal year, exclusive of any releases from or	49550
additions to the allocation or any sanctions imposed under this	49551
section;	49552

(3) If the amount is greater than the amount initially	49553
appropriated for the immediately preceding fiscal year, each	49554
county shall receive the amount determined under division (C)(2)	49555
of this section as a base allocation, plus a percentage of the	49556
amount that exceeds the amount initially appropriated for the	49557
immediately preceding fiscal year. The amount exceeding the amount	49558
initially appropriated in the immediately preceding fiscal year	49559
shall be allocated to the counties as follows:	49560

(a) Twelve per cent divided equally among all counties;

49561

(b) Forty-eight per cent in the ratio that the number of	49562
residents of the county under the age of eighteen bears to the	49563
total number of such persons residing in this state;	49564

(c) Forty per cent in the ratio that the number of residents	49565
of the county with incomes under the federal poverty guideline	49566
bears to the total number of such persons in this state.	49567

As used in division (C)(3)(c) of this section, "federal	49568
poverty guideline" means the poverty guideline as defined by the	49569
United States office of management and budget and revised by the	49570
United States secretary of health and human services in accordance	49571
with section 673 of the "Community Services Block Grant Act," 95	49572
Stat. 511 (1981), 42 U.S.C.A. 9902, as amended.	49573

(D) The director of job and family services may adopt rules	49574
as necessary for the allocation of funds under this section. The	49575
rules shall be adopted in accordance with section 111.15 of the	49576
Revised Code.	49577

(E)(1) As used in this division, "services to children" means	49578
children's protective services, home-based services to children	49579
and families, foster home services, residential treatment	49580
services, adoptive services, and independent living services.	49581

(2) Except as otherwise provided in this section, the	49582
allocation of funds for a fiscal year to a county under this	49583
section shall be reduced by the department if in the preceding	49584
calendar year the total amount expended for services to children	49585
from local funds was less than the total expended from that source	49586
in the second preceding calendar year. The reduction shall be	49587
equal to the difference between the total expended in the	49588
preceding calendar year and the total expended in the second	49589
preceding calendar year.	49590

The determination of whether the amount expended for services	49591
to children was less in the preceding calendar year than in the	49592
second preceding calendar year shall not include a difference due	49593
to any of the following factors to the extent that the difference	49594
does not exceed the amount attributable to that factor:	49595

(a) An across-the-board reduction in the county budget as a	49596
whole;	49597

(b) A reduced or failed levy specifically earmarked for	49598
children services;	49599

(c) The closure of, or a reduction in the operating capacity	49600
of, a children's home owned and operated by the county.	49601

(3) Funds withheld under this division may be reallocated by	49602
the department to other counties. The department may grant whole	49603
or partial waivers of the provisions of this division.	49604

(F) Children who are in the temporary or permanent custody of	49605
a certified public or private nonprofit agency or institution, or	49606
who are in adoptions subsidized under division (B) of section	49607
5153.163 of the Revised Code are eligible for medical assistance	49608
through the medical assistance program established under section	49609
5111.01 of the Revised Code.	49610

(G) Within ninety days after the end of each state fiscal	49611
yearbiennium, each county shall return any unspent funds to the	49612
department.	49613

(H) In accordance with Chapter 119. of the Revised Code, the	49614
(E) The director shallof job and family services may adopt, and	49615
may amend and rescind,the following rules in accordance with	49616
section 111.15 of the Revised Code:	49617

(1) Rules that are necessary for the allocation of funds	49618
under this section;	49619

(2) Rules prescribing reports on expenditures to be submitted	49620
by the counties as necessary for the implementation of this	49621
section.	49622

Sec. 5101.141.  (A) As used in sections 5101.141 to 5101.1410	49623
of the Revised Code, "Title IV-E" means Title IV-E of the "Social	49624
Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.	49625

(B) The department of job and family services shall act as	49626
the single state agency to administer federal payments for foster	49627
care and adoption assistance made pursuant to Title IV-E of the	49628
"Social Security Act," 94 Stat. 501, 42 U.S.C.A. 670 (1980), as	49629
amended. The director of job and family services shall adopt rules	49630
to implement this authority. Internal management rulesRules	49631
governing financial and administrative requirements applicable to	49632
public children services agencies, private child placing agencies,	49633
and private noncustodial agenciesgovernment entities that provide	49634
Title IV-E reimbursable placement services to children shall be	49635
adopted in accordance with section 111.15 of the Revised Code, as	49636
if they were internal management rules. Rules governing	49637
requirements applicable to private child placing agencies and	49638
private noncustodial agencies and rules establishing eligibility,	49639
program participation, and other requirements concerning Title	49640
IV-E shall be adopted in accordance with Chapter 119. of the	49641
Revised Code. A public children services agency to which the	49642
department distributes Title IV-E funds shall administer the funds	49643
in accordance with those rules.	49644

(B)(C)(1) The county, on behalf of each child eligible for	49645
foster care maintenance payments under Title IV-E of the "Social	49646
Security Act," shall make payments to cover the cost of providing	49647
all of the following:	49648

(a) The child's food, clothing, shelter, daily supervision,	49649
and school supplies;	49650

(b) The child's personal incidentals;

49651

(c) Reasonable travel to the child's home for visitation.

49652

(2) In addition to payments made under division (B)(C)(1) of	49653
this section, the county may, on behalf of each child eligible for	49654
foster care maintenance payments under Title IV-E of the "Social	49655
Security Act," make payments to cover the cost of providing the	49656
following:	49657

(a) Liability insurance with respect to the child;

49658

(b) If the county is participating in the demonstration	49659
project established under division (A) of section 5101.142 of the	49660
Revised Code, services provided under the project.	49661

(3) With respect to a child who is in a child-care	49662
institution, including any type of group home designed for the	49663
care of children or any privately operated program consisting of	49664
two or more certified foster homes operated by a common	49665
administrative unit, the foster care maintenance payments made by	49666
the county on behalf of the child shall include the reasonable	49667
cost of the administration and operation of the institution, group	49668
home, or program, as necessary to provide the items described in	49669
divisions (B)(C)(1) and (2) of this section.	49670

(C)(D) To the extent that either foster care maintenance	49671
payments under division (B)(C) of this section or Title IV-E	49672
adoption assistance payments for maintenance costs require the	49673
expenditure of county funds, the board of county commissioners	49674
shall report the nature and amount of each expenditure of county	49675
funds to the department.	49676

(D)(E) The department shall distribute to public children	49677
services agencies that incur and report such expenditures federal	49678
financial participation received for administrative and training	49679
costs incurred in the operation of foster care maintenance and	49680
adoption assistance programs. The department may withhold not more	49681
than three per cent of the federal financial participation	49682
received. The funds withheld may be used only to fund the Ohio	49683
child welfare training program established under section 5153.60	49684
of the Revised Code and the university partnership program for	49685
college and university students majoring in social work who have	49686
committed to work for a public children services agency upon	49687
graduation. The funds withheld shall be in addition to any	49688
administration and training cost for which the department is	49689
reimbursed through its own cost allocation plan.	49690

(E)(F) All federal financial participation funds received by	49691
a county pursuant to this section shall be deposited into the	49692
county's children services fund created pursuant to section	49693
5101.144 of the Revised Code.	49694

(F)(G) The department shall periodically publish and	49695
distribute the maximum amounts that the department will reimburse	49696
public children services agencies for making payments on behalf of	49697
children eligible for foster care maintenance payments.	49698

(G)(H) The department, by and through its director, is hereby	49699
authorized to develop, participate in the development of,	49700
negotiate, and enter into one or more interstate compacts on	49701
behalf of this state with agencies of any other states, for the	49702
provision of medical assistance and other social services to	49703
children in relation to whom all of the following apply:	49704

(1) They have special needs.

49705

(2) This state or another state that is a party to the	49706
interstate compact is providing adoption assistance on their	49707
behalf.	49708

(3) They move into this state from another state or move out	49709
of this state to another state.	49710

Sec. 5101.142.  (A) The department of job and family services	49711
may apply to the United States secretary of health and human	49712
services for a waiver of requirements established under Title IV-E	49713
of the "Social Security Act," 94 Stat. 501, 42 U.S.C.A. 670	49714
(1980), or regulations adopted thereunder, to conduct a	49715
demonstration project expanding eligibility for and services	49716
provided under Title IV-E. The department may enter into	49717
agreements with the secretary necessary to implement the	49718
demonstration project, including agreements establishing the terms	49719
and conditions of the waiver authorizing the project. If a	49720
demonstration project is to be established, the department shall	49721
do all of the following:	49722

(1) Have the director of job and family services adopt rules	49723
in accordance with Chapter 119. of the Revised Code governing the	49724
project. The rules shall be consistent with the agreements the	49725
department enters into with the secretary.	49726

(2) Enter into agreements with public children services	49727
agencies that the department selects for participation in the	49728
project. The department shall not select an agency that objects to	49729
participation or refuses to be bound by the terms and conditions	49730
of the project.	49731

(3) Contract with persons or governmental agencies providing	49732
services under the project;	49733

(4) Amend the state plan required by section 471 of the	49734
"Social Security Act," 42 U.S.C.A. 671, as amended, as needed to	49735
implement the project;	49736

(5) Conduct ongoing evaluations of the project;

49737

(6) Perform other administrative and operational activities	49738
required by the agreement with the secretary.	49739

(B) The department may apply to the United States secretary	49740
of health and human services for a waiver of the requirements	49741
established under Title IV-B of the "Social Security Act of 1967,"	49742
81 Stat. 821, 42 U.S.C.A. 620 or regulations adopted thereunder	49743
and established under any other federal law or regulations that	49744
affect the children services functions prescribed by Chapter 5153.	49745
of the Revised Code, to conduct demonstration projects or	49746
otherwise improve the effectiveness and efficiency of the children	49747
services function.	49748

Sec. 5101.144. As used in this section, "children services"	49749
means services provided to children pursuant to Chapter 5153. of	49750
the Revised Code.	49751

Each county shall deposit all funds its public children	49752
services agency receives from appropriations made by the board of	49753
county commissioners or any other source for the purpose of	49754
providing children services into a special fund in the county	49755
treasury known as the children services fund. A county shall use	49756
money in the fund only for the purposes of meeting the expenses of	49757
providing children services.	49758

Sec. 5101.145.  (A) For the purposes of this section, "Title	49759
IV-E" means Title IV-E of the "Social Security Act," 94 Stat. 501,	49760
42 U.S.C.A. 670 (1980).	49761

(B) In adopting rules under section 5101.141 of the Revised	49762
Code regarding financial requirements applicable to public	49763
children services agencies, private child placing agencies, and	49764
private noncustodial agencies, and government entities that	49765
provide Title IV-E reimbursable placement services to children,	49766
the department of job and family services shall establish both of	49767
the following:	49768

(1) A single form for the agencies or entities to report	49769
costs reimbursable under Title IV-E and costs reimbursable under	49770
medicaid;	49771

(2) Procedures to monitor cost reports submitted by the	49772
agencies or entities.	49773

(C)(B) The procedures established under division (B)(A)(2) of	49774
this section shall be implemented not later than October 1, 2003.	49775
The procedures shall be used to do both of the following:	49776

(1) Determine which of the costs are reimbursable under Title	49777
IV-E;	49778

(2) Ensure that costs reimbursable under medicaid are	49779
excluded from determinations made under division (C)(B)(1) of this	49780
section.	49781

Sec. 5101.146.  The department of job and family services	49782
shall establish the following penalties, which shall be enforced	49783
at the discretion of the department, for the failure of a public	49784
children services agency, private child placing agency, or private	49785
noncustodial agency, or government entity that provides Title IV-E	49786
reimbursable placement services to children to comply with	49787
procedures the department establishes to ensure fiscal	49788
accountability:	49789

(A) For initial failure, the department and the agency or	49790
entity involved shall jointly develop and implement a corrective	49791
action plan according to a specific schedule. If requested by the	49792
agency or entity involved, the department shall provide technical	49793
assistance to the agency or entity to ensure the fiscal	49794
accountability procedures and goals of the plan are met.	49795

(B) For subsequent failures or failure to achieve the goals	49796
of the plan described in division (A) of this section, eitherone	49797
of the following:	49798

(1) For public children services agencies, the department may	49799
take any action permitted under division (B)(3)(C)(2), (4), or	49800
(5), or (6) of section 5101.24 of the Revised Code.	49801

(2) For private child placing agencies or private	49802
noncustodial agencies, cancellation of any Title IV-E allowability	49803
rates for the agency involved pursuant to section 5101.141 of the	49804
Revised Code or revocation pursuant to Chapter 119. of the Revised	49805
Code of that agency's certificate issued under section 5103.03 of	49806
the Revised Code;	49807

(3) For government entities, other than public children	49808
services agencies, that provide Title IV-E reimbursable placement	49809
services to children, cancellation of any Title IV-E allowability	49810
rates for the entity involved pursuant to section 5101.141 of the	49811
Revised Code.	49812

Sec. 5101.1410. In addition to the remedies available under	49813
sections 5101.146 and 5101.24 of the Revised Code, the department	49814
of job and family services may certify a claim to the attorney	49815
general under section 131.02 of the Revised Code for the attorney	49816
general to take action under that section against a public	49817
children services agency, private child placing agency, private	49818
noncustodial agency, or government entity that provides Title IV-E	49819
reimbursable placement services to children if all of the	49820
following are the case:	49821

(A) The agency or entity files a cost report with the	49822
department pursuant to rules adopted under division (B) of section	49823
5101.141 of the Revised Code.	49824

(B) The department receives and distributes federal Title	49825
IV-E reimbursement funds based on the cost report.	49826

(C) The agency's or entity's misstatement, misclassification,	49827
overstatement, understatement, or other inclusion or omission of	49828
any cost included in the cost report causes the United States	49829
department of health and human services to disallow all or part of	49830
the federal Title IV-E reimbursement funds the department received	49831
and distributed.	49832

(D) The agency's or entity's misstatement, misclassification,	49833
overstatement, understatement, or other inclusion or omission of	49834
any cost included in the cost report is not the result of	49835
directives the department gave to the agency or entity.	49836

Sec. 5101.16.  (A) As used in this section and sections	49837
5101.161 and 5101.162 of the Revised Code:	49838

(1) "Disability financial assistance" means the financial and	49839
medical assistance providedprogram established under Chapter	49840
5115. of the Revised Code.	49841

(2) "Disability medical assistance" means the medical	49842
assistance program established under Chapter 5115. of the Revised	49843
Code.	49844

(3) "Food stamps" means the program administered by the	49845
department of job and family services pursuant to section 5101.54	49846
of the Revised Code.	49847

(3)(4) "Medicaid" means the medical assistance program	49848
established by Chapter 5111. of the Revised Code, excluding	49849
transportation services provided under that chapter.	49850

(4)(5) "Ohio works first" means the program established by	49851
Chapter 5107. of the Revised Code.	49852

(5)(6) "Prevention, retention, and contingency" means the	49853
program established by Chapter 5108. of the Revised Code.	49854

(6)(7) "Public assistance expenditures" means expenditures	49855
for all of the following:	49856

(a) Ohio works first;

49857

(b) County administration of Ohio works first;

49858

(c) Prevention, retention, and contingency;

49859

(d) County administration of prevention, retention, and	49860
contingency;	49861

(e) Disability financial assistance;

49862

(f) Disability medical assistance;

49863

(g) County administration of disability financial assistance;

49864

(g)(h) County administration of disability medical	49865
assistance;	49866

(i) County administration of food stamps;

49867

(h)(j) County administration of medicaid.

49868

(7) "Title IV-A program" has the same meaning as in section	49869
5101.80 of the Revised Code.	49870

(B) Each board of county commissioners shall pay the county	49871
share of public assistance expenditures in accordance with section	49872
5101.161 of the Revised Code. Except as provided in division (C)	49873
of this section, a county's share of public assistance	49874
expenditures is the sum of all of the following for state fiscal	49875
year 1998 and each state fiscal year thereafter:	49876

(1) The amount that is twenty-five per cent of the county's	49877
total expenditures for disability financial assistance and	49878
disability medical assistance and county administration of	49879
disability assistancethose programs during the state fiscal year	49880
ending in the previous calendar year that the department of job	49881
and family services determines are allowable.	49882

(2) The amount that is ten per cent, or other percentage	49883
determined under division (D) of this section, of the county's	49884
total expenditures for county administration of food stamps and	49885
medicaid during the state fiscal year ending in the previous	49886
calendar year that the department determines are allowable, less	49887
the amount of federal reimbursement credited to the county under	49888
division (E) of this section for the state fiscal year ending in	49889
the previous calendar year;	49890

(3)(a) Except as provided in division (B)(3)(b) of this	49891
section,A percentage of the actual amount, as determined by the	49892
department of job and family services from expenditure reports	49893
submitted to the United States department of health and human	49894
services, of the county share of program and administrative	49895
expenditures during federal fiscal year 1994 for assistance and	49896
services, other than child day-care, provided under Titles IV-A	49897
and IV-F of the "Social Security Act," 49 Stat. 620 (1935), 42	49898
U.S.C. 301, as those titles existed prior to the enactment of the	49899
"Personal Responsibility and Work Opportunity Reconciliation Act	49900
of 1996," 110 Stat. 2105. The department of job and family	49901
services shall determine the actual amount of the county share	49902
from expenditure reports submitted to the United States department	49903
of health and human services. The percentage shall be the	49904
percentage established in rules adopted under division (F) of this	49905
section.	49906

(b) For state fiscal years 2000 and 2001, seventy-seven per	49907
cent of the amount determined under division (B)(3)(a) of this	49908
section.	49909

(C)(1) If a county's share of public assistance expenditures	49910
determined under division (B) of this section for a state fiscal	49911
year exceeds one hundred ten per cent of the county's share for	49912
those expenditures for the immediately preceding state fiscal	49913
year, the department of job and family services shall reduce the	49914
county's share for expenditures under divisions (B)(1) and (2) of	49915
this section so that the total of the county's share for	49916
expenditures under division (B) of this section equals one hundred	49917
ten per cent of the county's share of those expenditures for the	49918
immediately preceding state fiscal year.	49919

(2) A county's share of public assistance expenditures	49920
determined under division (B) of this section may be increased	49921
pursuant to a sanction under section 5101.24 of the Revised Code.	49922

(D)(1) If the per capita tax duplicate of a county is less	49923
than the per capita tax duplicate of the state as a whole and	49924
division (D)(2) of this section does not apply to the county, the	49925
percentage to be used for the purpose of division (B)(2) of this	49926
section is the product of ten multiplied by a fraction of which	49927
the numerator is the per capita tax duplicate of the county and	49928
the denominator is the per capita tax duplicate of the state as a	49929
whole. The department of job and family services shall compute the	49930
per capita tax duplicate for the state and for each county by	49931
dividing the tax duplicate for the most recent available year by	49932
the current estimate of population prepared by the department of	49933
development.	49934

(2) If the percentage of families in a county with an annual	49935
income of less than three thousand dollars is greater than the	49936
percentage of such families in the state and division (D)(1) of	49937
this section does not apply to the county, the percentage to be	49938
used for the purpose of division (B)(2) of this section is the	49939
product of ten multiplied by a fraction of which the numerator is	49940
the percentage of families in the state with an annual income of	49941
less than three thousand dollars a year and the denominator is the	49942
percentage of such families in the county. The department of job	49943
and family services shall compute the percentage of families with	49944
an annual income of less than three thousand dollars for the state	49945
and for each county by multiplying the most recent estimate of	49946
such families published by the department of development, by a	49947
fraction, the numerator of which is the estimate of average annual	49948
personal income published by the bureau of economic analysis of	49949
the United States department of commerce for the year on which the	49950
census estimate is based and the denominator of which is the most	49951
recent such estimate published by the bureau.	49952

(3) If the per capita tax duplicate of a county is less than	49953
the per capita tax duplicate of the state as a whole and the	49954
percentage of families in the county with an annual income of less	49955
than three thousand dollars is greater than the percentage of such	49956
families in the state, the percentage to be used for the purpose	49957
of division (B)(2) of this section shall be determined as follows:	49958

(a) Multiply ten by the fraction determined under division	49959
(D)(1) of this section;	49960

(b) Multiply the product determined under division (D)(3)(a)	49961
of this section by the fraction determined under division (D)(2)	49962
of this section.	49963

(4) The department of job and family services shall	49964
determine, for each county, the percentage to be used for the	49965
purpose of division (B)(2) of this section not later than the	49966
first day of July of the year preceding the state fiscal year for	49967
which the percentage is used.	49968

(E) The department of job and family services shall credit to	49969
a county the amount of federal reimbursement the department	49970
receives from the United States departments of agriculture and	49971
health and human services for the county's expenditures for	49972
administration of food stamps and medicaid that the department	49973
determines are allowable administrative expenditures.	49974

(F)(1) The director of job and family services shall adopt	49975
rules in accordance with section 111.15 of the Revised Code to	49976
establish all of the following:	49977

(1)(a) The method the department is to use to change a	49978
county's share of public assistance expenditures determined under	49979
division (B) of this section as provided in division (C) of this	49980
section;	49981

(2)(b) The allocation methodology and formula the department	49982
will use to determine the amount of funds to credit to a county	49983
under this section;	49984

(3)(c) The method the department will use to change the	49985
payment of the county share of public assistance expenditures from	49986
a calendar-year basis to a state fiscal year basis;	49987

(4)(d) The percentage to be used for the purpose of division	49988
(B)(3) of this section, which shall meet both of the following	49989
requirements:	49990

(i) The percentage shall not be less than seventy-five per	49991
cent nor more than eighty-two per cent;	49992

(ii) The percentage shall not exceed the percentage that the	49993
state's qualified state expenditures is of the state's historic	49994
state expenditures as those terms are defined in 42 U.S.C.	49995
609(a)(7).	49996

(e) Other procedures and requirements necessary to implement	49997
this section.	49998

(2) The director of job and family services may amend the	49999
rule adopted under division (F)(1)(d) of this section to modify	50000
the percentage on determination that the amount the general	50001
assembly appropriates for Title IV-A programs makes the	50002
modification necessary. The rule shall be adopted and amended as	50003
if an internal management rule and in consultation with the	50004
director of budget and management.	50005

Sec. 5101.162. TheSubject to available federal funds and	50006
appropriations made by the general assembly, the department of job	50007
and family services may, at its sole discretion, use available	50008
federal funds to reimburse county expenditures for county	50009
administration of food stamps or medicaid even though the county	50010
expenditures meet or exceed the maximum allowable reimbursement	50011
amount established by rules adopted under section 5101.161 of the	50012
Revised Code if the board of county commissioners has not entered	50013
into a partnershipfiscal agreement with the director of job and	50014
family services under section 5101.21 of the Revised Code. The	50015
director may adopt internal management rules in accordance with	50016
section 111.15 of the Revised Code to implement this section.	50017

Sec. 5101.18.  (A) When the director of job and family	50018
services adopts rules under section 5107.05 regarding income	50019
requirements for the Ohio works first program and under section	50020
5115.055115.03 of the Revised Code regarding income and resource	50021
requirements for the disability financial assistance program, the	50022
director shall determine what payments shall be regarded or	50023
disregarded. In making this determination, the director shall	50024
consider:	50025

(1) The source of the payment;

50026

(2) The amount of the payment;

50027

(3) The purpose for which the payment was made;

50028

(4) Whether regarding the payment as income would be in the	50029
public interest;	50030

(5) Whether treating the payment as income would be	50031
detrimental to any of the programs administered in whole or in	50032
part by the department of job and family services and whether such	50033
determination would jeopardize the receipt of any federal grant or	50034
payment by the state or any receipt of aid under Chapter 5107. of	50035
the Revised Code.	50036

(B) Any recipient of aid under Title XVI of the "Social	50037
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended,	50038
whose money payment is discontinued as the result of a general	50039
increase in old-age, survivors, and disability insurance benefits	50040
under such act, shall remain a recipient for the purpose of	50041
receiving medical assistance through the medical assistance	50042
program established under section 5111.01 of the Revised Code.	50043

Sec. 5101.181.  (A) As used in this section and section	50044
5101.182 of the Revised Code, "public assistance" includes, in	50045
addition to Ohio works first; prevention, all of the following:	50046

(1) Prevention retention, and contingency; medicaid

50047

(2) Medicaid; and disability

50048

(3) Disability financial assistance, general;

50049

(4) Disability medical assistance;

50050

(5) General assistance provided prior to July 17, 1995, under	50051
former Chapter 5113. of the Revised Code.	50052

(B) As part of the procedure for the determination of	50053
overpayment to a recipient of public assistance under Chapter	50054
5107., 5108., 5111., or 5115. of the Revised Code, the director of	50055
job and family services shall furnish quarterly the name and	50056
social security number of each individual who receives public	50057
assistance to the director of administrative services, the	50058
administrator of the bureau of workers' compensation, and each of	50059
the state's retirement boards. Within fourteen days after	50060
receiving the name and social security number of an individual who	50061
receives public assistance, the director of administrative	50062
services, administrator, or board shall inform the auditor of	50063
state as to whether such individual is receiving wages or	50064
benefits, the amount of any wages or benefits being received, the	50065
social security number, and the address of the individual. The	50066
director of administrative services, administrator, boards, and	50067
any agent or employee of those officials and boards shall comply	50068
with the rules of the director of job and family services	50069
restricting the disclosure of information regarding recipients of	50070
public assistance. Any person who violates this provision shall	50071
thereafter be disqualified from acting as an agent or employee or	50072
in any other capacity under appointment or employment of any state	50073
board, commission, or agency.	50074

(C) The auditor of state may enter into a reciprocal	50075
agreement with the director of job and family services or	50076
comparable officer of any other state for the exchange of names,	50077
current or most recent addresses, or social security numbers of	50078
persons receiving public assistance under Title IV-A or under	50079
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	50080
U.S.C. 301, as amended.	50081

(D)(1) The auditor of state shall retain, for not less than	50082
two years, at least one copy of all information received under	50083
this section and sections 145.27, 742.41, 3307.20, 3309.22,	50084
4123.27, 5101.182, and 5505.04 of the Revised Code. The auditor	50085
shall review the information to determine whether overpayments	50086
were made to recipients of public assistance under Chapters 5107.,	50087
5108., 5111., and 5115. of the Revised Code. The auditor of state	50088
shall initiate action leading to prosecution, where warranted, of	50089
recipients who received overpayments by forwarding the name of	50090
each recipient who received overpayment, together with other	50091
pertinent information, to the director of job and family services	50092
and the attorney general, to the district director of job and	50093
family services of the district through which public assistance	50094
was received, and to the county director of job and family	50095
services and county prosecutor of the county through which public	50096
assistance was received.	50097

(2) The auditor of state and the attorney general or their	50098
designees may examine any records, whether in computer or printed	50099
format, in the possession of the director of job and family	50100
services or any county director of job and family services. They	50101
shall provide safeguards which restrict access to such records to	50102
purposes directly connected with an audit or investigation,	50103
prosecution, or criminal or civil proceeding conducted in	50104
connection with the administration of the programs and shall	50105
comply with the rules of the director of job and family services	50106
restricting the disclosure of information regarding recipients of	50107
public assistance. Any person who violates this provision shall	50108
thereafter be disqualified from acting as an agent or employee or	50109
in any other capacity under appointment or employment of any state	50110
board, commission, or agency.	50111

(3) Costs incurred by the auditor of state in carrying out	50112
the auditor of state's duties under this division shall be borne	50113
by the auditor of state.	50114

Sec. 5101.20. (A) As used in this section of the Revised	50115
Code:	50116

(1) "Local area" has the same meaning as in section 101 of	50117
the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.	50118
2801, as amended, and division (A) of section 6301.01 of the	50119
Revised Code;	50120

(2) "Chief elected official" has the same meaning as in	50121
section 101 of the "Workforce Investment Act of 1998," 112 Stat.	50122
936, 29 U.S.C. 2801, as amended, and division (F) of section	50123
6301.01 of the Revised Code;	50124

(3) "Grantee" means the chief elected officials of a local	50125
area.	50126

(B) The director of job and family services shall enter into	50127
one or more written grant agreements with each local area under	50128
which financial assistance is awarded for workforce development	50129
activities included in the agreements. A grant agreement shall	50130
establish the terms and conditions governing the accountability	50131
for and use of grants provided by the department of job and family	50132
services to the grantee for the administration of workforce	50133
development activities funded under the "Workforce Investment Act	50134
of 1998," 112 Stat. 936, 29 U.S.C. 2801, as amended.	50135

(C) In the case of a local area comprised of multiple	50136
political subdivisions, nothing in this section shall preclude the	50137
chief elected officials of a local area from entering into an	50138
agreement among themselves to distribute any liability for	50139
activities of the local area, but such an agreement shall not be	50140
binding on the department of job and family services.	50141

(D) The written grant agreement entered into under division	50142
(B) of this section shall comply with all applicable federal and	50143
state laws governing workforce development activities. All federal	50144
conditions and restrictions that apply to the use of grants	50145
received by the department of job and family services shall apply	50146
to the use of the grants received by the local areas from the	50147
department.	50148

(E) A written grant agreement entered into under division (B)	50149
of this section shall:	50150

(1) Identify the chief elected officials for the local area;

50151

(2) Provide for the incorporation of the local workforce	50152
development plan;	50153

(3) Include the chief elected officials' assurance that the	50154
local area and any subgrantee or contractor of the local area will	50155
do all of the following:	50156

(a) Ensure that the financial assistance awarded under the	50157
grant agreement is used, and the workforce development duties	50158
included in the agreement are performed, in accordance with	50159
requirements established by the department or any of the	50160
following: federal or state law, the state plan for receipt of	50161
federal financial participation, grant agreements between the	50162
department and a federal agency, or executive orders.	50163

(b) Ensure that the chief elected officials and any	50164
subgrantee or contractor of the local area utilize a financial	50165
management system and other accountability mechanisms that meet	50166
requirements the department establishes;	50167

(c) Require the chief elected officials and any subgrantee or	50168
contractor of the local area to do both of the following:	50169

(i) Monitor all private and government entities that receive	50170
a payment from financial assistance awarded under the grant	50171
agreement to ensure that each entity uses the payment in	50172
accordance with requirements for the workforce development duties	50173
included in the agreement;	50174

(ii) Take action to recover payments that are not used in	50175
accordance with the requirements for the workforce development	50176
duties that are included in the agreement.	50177

(d) Require the chief elected officials of a local area to	50178
promptly reimburse the department the amount that represents the	50179
amount a local area is responsible for of funds the department	50180
pays to any entity because of an adverse audit finding, adverse	50181
quality control finding, final disallowance of federal financial	50182
participation, or other sanction or penalty;	50183

(e) Require chief elected officials of a local area to take	50184
prompt corrective action if the department, auditor of state,	50185
federal agency, or other entity authorized by federal or state law	50186
to determine compliance with requirements for a workforce	50187
development duty included in the agreement determines compliance	50188
has not been achieved;	50189

(4) Provide that the award of financial assistance is subject	50190
to the availability of federal funds and appropriations made by	50191
the general assembly;	50192

(5) Provide for annual financial, administrative, or other	50193
incentive awards, if any, to be provided in accordance with	50194
section 5101.23 of the Revised Code.	50195

(6) Establish the method of amending or terminating the grant	50196
agreement and an expedited process for correcting terms or	50197
conditions of the agreement that the director and the chief	50198
elected officials agree are erroneous.	50199

(7) Provide for the department of job and family services to	50200
award financial assistance for the workforce development duties	50201
included in the agreement in accordance with a methodology for	50202
determining the amount of the award established by rules adopted	50203
under division (F) of this section.	50204

(8) Determine the dates that the grant agreement begins and	50205
ends.	50206

(F)(1) The director shall adopt rules in accordance with	50207
section 111.15 of the Revised Code governing grant agreements. The	50208
director shall adopt the rules as if they were internal management	50209
rules. The rules shall establish methodologies to be used to	50210
determine the amount of financial assistance to be awarded under	50211
the agreements and may do any of the following:	50212

(a) Govern the establishment of consolidated funding	50213
allocations and other allocations;	50214

(b) Specify allowable uses of financial assistance awarded	50215
under the agreements;	50216

(c) Establish reporting, cash management, audit, and other	50217
requirements the director determines are necessary to provide	50218
accountability for the use of financial assistance awarded under	50219
the agreements and determine compliance with requirements	50220
established by the department or any of the following: a federal	50221
or state law, state plan for receipt of federal financial	50222
participation, grant agreement between the department and a	50223
federal entity, or executive order.	50224

(2) A requirement of a grant agreement established by a rule	50225
adopted under this division is applicable to a grant agreement	50226
without having to be restated in the grant agreement.	50227

Sec. 5101.201. The director of job and family services may	50228
enter into agreements with one-stop operators and one-stop	50229
partners for the purpose of implementing the requirements of	50230
section 121 of the "Workforce Investment Act of 1998," 112 Stat.	50231
936, 29 U.S.C. 2801.	50232

Sec. 5101.21.  (A) As used in sections 5101.21 to 5101.24 of	50233
the Revised Code, "workforce development agency" and "workforce	50234
development activity" have the same meanings as in section 6301.01	50235
of the Revised Codethis section, "county signer" means all of the	50236
following:	50237

(1) A board of county commissioners;

50238

(2) A county children services board appointed under section	50239
5153.03 of the Revised Code if required by division (B) of this	50240
section to enter into a fiscal agreement;	50241

(3) A county elected official that is a child support	50242
enforcement agency if required by division (B) of this section to	50243
enter into a fiscal agreement.	50244

(B) The director of job and family services shallmay enter	50245
into aone or more written partnership agreementfiscal agreements	50246
with each boardboards of county commissioners.	50247

(C)(1) Each partnership agreement shall include provisions	50248
regarding the administration and design of all of the following:	50249

(a) The Ohio works first program established under Chapter	50250
5107. of the Revised Code;	50251

(b) The prevention, retention, and contingency program	50252
established under Chapter 5108. of the Revised Code;	50253

(c) Duties assumed by a county department of job and family	50254
services pursuant to an agreement entered into under section	50255
329.05 of the Revised Code;	50256

(d) Any other county department of job and family services'	50257
duties that the director and board mutually agree to include in	50258
the agreement;	50259

(e) If, for the purpose of Chapter 6301. of the Revised Code,	50260
the county the board serves is a local area defined in division	50261
(A)(2) or (3) of section 6301.01 of the Revised Code, workforce	50262
development activities provided by the workforce development	50263
agency established or designated for the local area.	50264

(2) Each partnership agreement may include provisions	50265
regarding the administration and design of the duties of child	50266
support enforcement agencies and public children services agencies	50267
included in a plan of cooperation entered into under section	50268
307.983 of the Revised Code that the director and board mutually	50269
agree to include in the agreement.	50270

(D) Family services duties and workforce development	50271
activities included in a partnership agreement shall be vested in	50272
the board of county commissioners. The agreement shall comply with	50273
federal statutes and regulations, state statutes, and, except as	50274
provided in division (D)(9) of this section, state rules governing	50275
the family services duties or workforce development activities	50276
included in the agreement.	50277

A partnershipunder which financial assistance is awarded for	50278
family services duties included in the agreements. Boards of	50279
county commissioners shall select which family services duties to	50280
include in a fiscal agreement. If a board of county commissioners	50281
elects to include family services duties of a public children	50282
services agency and a county children services board appointed	50283
under section 5153.03 of the Revised Code serves as the county's	50284
public children services agency, the board of county commissioners	50285
and county children services board shall jointly enter into the	50286
fiscal agreement with the director. If a board of county	50287
commissioners elects to include family services duties of a child	50288
support enforcement agency and the entity designated under former	50289
section 2301.35 of the Revised Code prior to October 1, 1997, or	50290
designated under section 307.981 of the Revised Code as the	50291
county's child support enforcement agency is an elected official	50292
of the county, the board of county commissioners and county	50293
elected official shall jointly enter into the fiscal agreement	50294
with the director. A fiscal agreement shall include	50295
responsibilities that the state department of job and family	50296
services, county family services agencies administering family	50297
services duties included in the agreement, and workforce	50298
development agencies administering workforce development	50299
activities included in the agreement must satisfy. The agreement	50300
shall establish, specify, or provide fordo all of the following:	50301

(1) Requirements governing the administration and design of,	50302
and county family services agencies' or workforce development	50303
agencies' cooperation to enhance, family services duties or	50304
workforce development activities included in the agreementSpecify	50305
the family services duties included in the agreement and the	50306
private and government entities designated under section 307.981	50307
of the Revised Code to serve as the county family services	50308
agencies performing the family services duties;	50309

(2) Outcomes that county family services agencies or	50310
workforce development agencies are expected to achieve from the	50311
administration and design of family services duties or workforce	50312
development activities included in the agreement and assistance,	50313
services, and technical support the state department will provide	50314
the county family services agencies or workforce development	50315
agencies to aid the agencies in achieving the expected outcomes	50316
Provide for the department of job and family services to award	50317
financial assistance for the family services duties included in	50318
the agreement in accordance with a methodology for determining the	50319
amount of the award established by rules adopted under division	50320
(D) of this section;	50321

(3) Performance and other administrative standards county	50322
family services agencies or workforce development agencies are	50323
required to meet in the design, administration, and outcomes of	50324
family services duties or workforce development activities	50325
included in the agreement and assistance, services, and technical	50326
support the state department will provide the county family	50327
services agencies or workforce development agencies to aid the	50328
agencies in meeting the performance and other administrative	50329
standardsSpecify the form of the award of financial assistance	50330
which may be an allocation, cash draw, reimbursement, property,	50331
or, to the extent authorized by an appropriation made by the	50332
general assembly and to the extent practicable and not in conflict	50333
with a federal or state law, a consolidated funding allocation for	50334
two or more family services duties included in the agreement;	50335

(4) Criteria and methodology the state department will use to	50336
evaluate whether expected outcomes are achieved and performance	50337
and other administrative standards are met and county family	50338
services agencies or workforce development agencies will use to	50339
evaluate whether the state department is providing agreed upon	50340
assistance, services, and technical supportProvide that the award	50341
of financial assistance is subject to the availability of federal	50342
funds and appropriations made by the general assembly;	50343

(5) AnnualSpecify annual financial, administrative, or other	50344
incentive awards, if any, to be provided in accordance with	50345
section 5101.23 of the Revised Code;	50346

(6) The stateInclude the assurance of each county signer	50347
that the county signer will do all of the following:	50348

(a) Ensure that the financial assistance awarded under the	50349
agreement is used, and the family services duties included in the	50350
agreement are performed, in accordance with requirements for the	50351
duties established by the department, a federal or state law, or	50352
any of the following that concern the family services duties	50353
included in the fiscal agreement and are published under section	50354
5101.212 of the Revised Code: state plans for receipt of federal	50355
financial participation, grant agreements between the department	50356
and a federal agency, and executive orders issued by the governor;	50357

(b) Ensure that the board and county family services agencies	50358
utilize a financial management system and other accountability	50359
mechanisms for the financial assistance awarded under the	50360
agreement that meet requirements the department establishes;	50361

(c) Require the county family services agencies to do both of	50362
the following:	50363

(i) Monitor all private and government entities that receive	50364
a payment from financial assistance awarded under the agreement to	50365
ensure that each entity uses the payment in accordance with	50366
requirements for the family services duties included in the	50367
agreement;	50368

(ii) Take action to recover payments that are not used in	50369
accordance with the requirements for the family services duties	50370
included in the agreement.	50371

(d) Require county family services agencies to promptly	50372
reimburse the department the amount that represents the amount an	50373
agency is responsible for, pursuant to action the department takes	50374
under division (C) of section 5101.24 of the Revised Code, of	50375
funds the department pays to any entity because of an adverse	50376
audit finding, adverse quality control finding, final disallowance	50377
of federal financial participation, or other sanction or penalty;	50378

(e) Require county family services agencies to take prompt	50379
corrective action, including paying amounts resulting from an	50380
adverse finding, sanction, or penalty, if the department, auditor	50381
of state, federal agency, or other entity authorized by federal or	50382
state law to determine compliance with requirements for a family	50383
services duty included in the agreement determines compliance has	50384
not been achieved;	50385

(f) If the department establishes a consolidated funding	50386
allocation for two or more family services duties included in the	50387
agreement, require the county family services agencies to use	50388
funds available in the consolidated funding allocation only for	50389
the purpose for which the funds are appropriated.	50390

(7) Provide for the department taking action pursuant to	50391
division (C) of section 5101.24 of the Revised Code if authorized	50392
by division (B)(1), (2), or (3), or (4) of that section applies;	50393

(7) The funding of family services duties or workforce	50394
development activities included in the agreement and whether the	50395
state department will establish a consolidated funding allocation	50396
under division (E) of this section. The agreement shall either	50397
specify the amount of payments to be made for the family services	50398
duties or workforce development activities included in the	50399
agreement or the method that will be used to determine the amount	50400
of payments.	50401

(8) AuditsProvide for timely audits required by federal	50402
statutes and regulations and state law and requirements for	50403
require prompt release of audit findings and prompt action to	50404
correct problems identified in an audit;	50405

(9) Which, if any, of the state department's rules will be	50406
waived so that a policy provided for in the agreement may be	50407
implementedComply with all of the requirements for the family	50408
services duties that are included in the agreement and have been	50409
established by the department, federal or state law, or any of the	50410
following that concern the family services duties included in the	50411
fiscal agreement and are published under section 5101.212 of the	50412
Revised Code: state plans for receipt of federal financial	50413
participation, grant agreements between the department and a	50414
federal agency, and executive orders issued by the governor;	50415

(10) TheProvide for dispute resolution procedures in	50416
accordance with section 5101.24 of the Revised Code;	50417

(11) Establish the method of amending or terminating the	50418
agreement and an expedited process for correcting terms or	50419
conditions of the agreement that the director and board ofeach	50420
county commissionerssigner agree are erroneous;	50421

(11) Dispute resolution procedures for anticipated and	50422
unanticipated disputes. The agreement may establish different	50423
dispute resolution procedures for different types of disputes.	50424
Dispute resolution procedures may include negotiation, mediation,	50425
arbitration, adjudication conducted by a hearing officer or	50426
fact-finding panel, and other procedures.	50427

(12) The date the agreement is to commence or Except as	50428
provided in rules adopted under division (D) of this section,	50429
begin on the first day of July of an odd-numbered year and end on	50430
the last day of June of the next odd-numbered year. An agreement	50431
may not commence before it is entered into nor end later than the	50432
last day of the state fiscal biennium for which it is entered	50433
into.	50434

(13) If workforce development activities are included in the	50435
agreement, all of the following:	50436

(a) The workforce development plan prepared under section	50437
6301.07 of the Revised Code to be attached to and incorporated	50438
into the agreement;	50439

(b) A description of the services, and a list of the core	50440
services, provided in the one-stop system for workforce	50441
development activities the county served by the board participates	50442
in under section 6301.06 of the Revised Code to be included in the	50443
agreement;	50444

(c) If the county served by the board of county commissioners	50445
is in the type of local area defined in division (A)(3) of section	50446
6301.01 of the Revised Code, the method and manner by which the	50447
board of county commissioners of each county and the chief elected	50448
official of a municipal corporation in the local area shall	50449
coordinate workforce development activities and resolve	50450
disagreements concerning either of the following:	50451

(i) Choices concerning specifically who to appoint to the	50452
workforce policy board created under section 6301.06 of the	50453
Revised Code, within the criteria for membership set forth in that	50454
section;	50455

(ii) Whether a member of the workforce policy board is	50456
performing satisfactorily for purposes of serving at the pleasure	50457
of the chief elected officials of the local area.	50458

(14) Other provisions determined necessary by the state	50459
department, board, county family services agency, and workforce	50460
development agency.	50461

(E)(C) The state department shall make payments authorized by	50462
a partnershipfiscal agreement on vouchers it prepares and may	50463
include any funds appropriated or allocated to it for carrying out	50464
family services duties or workforce development activities vested	50465
in the board of county commissioners underincluded in the	50466
agreement, including funds for personal services and maintenance.	50467

(F)(1) To the extent practicable and not in conflict with	50468
federal statutes or regulations, state law, or an appropriation	50469
made by the general assembly, the director may establish a	50470
consolidated funding allocation for any of the following:	50471

(a) Two or more family services duties included in the	50472
agreement;	50473

(b) Two or more workforce development activities included in	50474
the agreement;	50475

(c) One or more family services duties and workforce	50476
development activities included in the agreement.	50477

(2) The consolidated funding allocation may be for either of	50478
the following:	50479

(a) A county that is the type of local area defined in	50480
division (A)(2) of section 6301.01 of the Revised Code;	50481

(b) Two or more counties, or a municipal corporation and one	50482
or more counties, in the type of local area defined in division	50483
(A)(3) of section 6301.01 of the Revised Code that are	50484
coordinating and integrating workforce development activities in	50485
the local area.	50486

(3) A county family services agency or workforce development	50487
agency shall use funds available in a consolidated funding	50488
allocation only for the purpose for which the funds were	50489
appropriated.	50490

(D)(1) The director shall adopt rules in accordance with	50491
section 111.15 of the Revised Code governing fiscal agreements.	50492
The director shall adopt the rules as if they were internal	50493
management rules. Before adopting the rules, the director shall	50494
give the public an opportunity to review and comment on the	50495
proposed rules. The rules shall establish methodologies to be used	50496
to determine the amount of financial assistance to be awarded	50497
under the agreements. The rules also shall establish terms and	50498
conditions under which an agreement may be entered into after the	50499
first day of July of an odd-numbered year. The rules may do any or	50500
all of the following:	50501

(a) Govern the establishment of consolidated funding	50502
allocations and specify the time period for which a consolidated	50503
funding allocation is to be provided if the effective date of the	50504
agreement is after the first day of July of an odd-numbered year,	50505
which may include a time period before the effective date of the	50506
agreement;	50507

(b) Govern the establishment of other allocations;

50508

(c) Specify allowable uses of financial assistance awarded	50509
under the agreements;	50510

(d) Establish reporting, cash management, audit, and other	50511
requirements the director determines are necessary to provide	50512
accountability for the use of financial assistance awarded under	50513
the agreements and determine compliance with requirements	50514
established by the department, a federal or state law, or any of	50515
the following that concern the family services duties included in	50516
the agreements and are published under section 5101.212 of the	50517
Revised Code: state plans for receipt of federal financial	50518
participation, grant agreements between the department and a	50519
federal entity, and executive orders issued by the governor.	50520

(2) A requirement of a fiscal agreement established by a rule	50521
adopted under this division is applicable to a fiscal agreement	50522
without having to be restated in the fiscal agreement.	50523

Sec. 5101.211.  (A) Except as provided in division (B) of	50524
this section, the director of job and family services may provide	50525
for a fiscal agreement entered into under section 5101.21 of the	50526
Revised Code to have a retroactive effective date of the first day	50527
of July of an odd-numbered year if both of the following are the	50528
case:	50529

(1) The agreement is entered into after that date and before	50530
the last day of that July.	50531

(2) The board of county commissioners requests the	50532
retroactive effective date and provides the director good cause	50533
satisfactory to the director for the reason the agreement was not	50534
entered into on or before the first day of that July.	50535

(B) The director may provide for a fiscal agreement to have a	50536
retroactive effective date of July 1, 2003, if both of the	50537
following are the case:	50538

(1) The agreement is entered into after July 1, 2003, and	50539
before August 29, 2003.	50540

(2) The board of county commissioners requests the	50541
retroactive effective date.	50542

Sec. 5101.212.  The department of job and family services	50543
shall publish in a manner accessible to the public all of the	50544
following that concern family services duties included in fiscal	50545
agreements entered into under section 5101.21 of the Revised Code:	50546
state plans for receipt of federal financial participation, grant	50547
agreements between the department and a federal agency, and	50548
executive orders issued by the governor. The department may	50549
publish the materials electronically or otherwise.	50550

Sec. 5101.213.  (A) Except as provided in section 5101.211 of	50551
the Revised Code, if a fiscal agreement under section 5101.21 of	50552
the Revised Code between the director of job and family services	50553
and a board of county commissioners is not in effect, all of the	50554
following apply:	50555

(1) The department of job and family services shall award to	50556
the county the board serves financial assistance for family	50557
services duties in accordance with a methodology for determining	50558
the amount of the award established by rules adopted under	50559
division (B) of this section.	50560

(2) The financial assistance may be provided in the form of	50561
allocations, cash draws, reimbursements, and property but may not	50562
be made in the form of a consolidated funding allocation.	50563

(3) The award of the financial assistance is subject to the	50564
availability of federal funds and appropriations made by the	50565
general assembly.	50566

(4) The county family services agencies performing the family	50567
services duties for which the financial assistance is awarded	50568
shall do all of the following:	50569

(a) Use the financial assistance, and perform the family	50570
services duties, in accordance with requirements for the duties	50571
established by the department, a federal or state law, or any of	50572
the following that concern the duties: state plans for receipt of	50573
federal financial participation, grant agreements between the	50574
department and a federal agency, and executive orders issued by	50575
the governor;	50576

(b) Utilize a financial management system and other	50577
accountability mechanisms for the financial assistance that meet	50578
requirements the department establishes;	50579

(c) Monitor all private and government entities that receive	50580
a payment from the financial assistance to ensure that each entity	50581
uses the payment in accordance with requirements for the family	50582
services duties and take action to recover payments that are not	50583
used in accordance with the requirements for the family services	50584
duties;	50585

(d) Promptly reimburse the department the amount that	50586
represents the amount an agency is responsible for, pursuant to	50587
action the department takes under division (C) of section 5101.24	50588
of the Revised Code, of funds the department pays to any entity	50589
because of an adverse audit finding, adverse quality control	50590
finding, final disallowance of federal financial participation, or	50591
other sanction or penalty;	50592

(e) Take prompt corrective action, including paying amounts	50593
resulting from an adverse finding, sanction, or penalty, if the	50594
department, auditor of state, federal agency, or other entity	50595
authorized by federal or state law to determine compliance with	50596
requirements for a family services duty determines compliance has	50597
not been achieved.	50598

(B) The director shall adopt rules in accordance with section	50599
111.15 of the Revised Code as necessary to implement this section.	50600
The director shall adopt the rules as if they were internal	50601
management rules. Before adopting the rules, the director shall	50602
give the public an opportunity to review and comment on the	50603
proposed rules. The rules shall establish methodologies to be used	50604
to determine the amount of financial assistance to be awarded and	50605
may do any or all of the following:	50606

(1) Govern the establishment of funding allocations;

50607

(2) Specify allowable uses of financial assistance the	50608
department awards under this section;	50609

(3) Establish reporting, cash management, audit, and other	50610
requirements the director determines are necessary to provide	50611
accountability for the use of the financial assistance and	50612
determine compliance with requirements established by the	50613
department, a federal or state law, or any of the following that	50614
concern the family services duties for which the financial	50615
assistance is awarded: state plans for receipt of federal	50616
financial participation, grant agreements between the department	50617
and a federal entity, and executive orders issued by the governor.	50618

Sec. 5101.211.        Sec. 5101.214.  The director of job and family	50619
services may enter into a written agreement with one or more state	50620
agencies, as defined in section 117.01 of the Revised Code, and	50621
state universities and colleges to assist in the coordination,	50622
provision, or enhancement of the family services duties of a	50623
county family services agency or the workforce development	50624
activities of a workforce development agency. The director also	50625
may enter into written agreements or contracts with, or issue	50626
grants to, private and government entities under which funds are	50627
provided for the enhancement or innovation of family services	50628
duties or workforce development activities on the state or local	50629
level. The terms of an agreement, contract, or grant under this	50630
section may be incorporated into a partnership agreement the	50631
director enters into with a board of county commissioners under	50632
section 5101.21 or with the chief elected official of a municipal	50633
corporation under section 5101.213 of the Revised Code, if the	50634
director and board or chief elected official and state agency,	50635
state university or college, or private or government entity	50636
agree.	50637

The director may adopt internal management rules in	50638
accordance with section 111.15 of the Revised Code to implement	50639
this section.	50640

Sec. 5101.212.        Sec. 5101.215.  If the director of job and family	50641
services enters into an agreement or contracts with, or issues a	50642
grant to, a religious organization under section 5101.2115101.214	50643
of the Revised Code, the religious organization shall comply with	50644
section 104 of the Personal Responsibility and Work Opportunity	50645
and Reconciliation Act of 1996 (P.L. 104-193).	50646

Sec. 5101.216.  The director of job and family services may	50647
enter into one or more written operational agreements with boards	50648
of county commissioners to do one or more of the following	50649
regarding family services duties:	50650

(A) Provide for the director to amend or rescind a rule the	50651
director previously adopted;	50652

(B) Provide for the director to modify procedures or	50653
establish alternative procedures to accommodate special	50654
circumstances in a county;	50655

(C) Provide for the director and board to jointly identify	50656
operational problems of mutual concern and develop a joint plan to	50657
address the problems;	50658

(D) Establish a framework for the director and board to	50659
modify the use of existing resources in a manner that is	50660
beneficial to the department of job and family services and the	50661
county that the board serves and improves family services duties	50662
for the recipients of the services.	50663

Sec. 5101.22.  The department of job and family services may	50664
establish performance and other administrative standards for the	50665
administration and outcomes of family services duties and	50666
workforce development activities and determine at intervals the	50667
department decides the degree to which a county family services	50668
agency or workforce development agency complies with a performance	50669
or other administrative standard. The department may use	50670
statistical sampling, performance audits, case reviews, or other	50671
methods it determines necessary and appropriate to determine	50672
compliance with performance and administrative standards.	50673

A performance or other administrative standard established	50674
under this section for a family service duty or workforce	50675
development activity does not apply to a county family services	50676
agency or workforce development agency administering the duty if a	50677
different performance or administrative standard is specified for	50678
the agency's administration of the duty or activity pursuant to a	50679
partnership agreement entered into under section 5101.21 or	50680
5101.213 of the Revised Code.	50681

Sec. 5101.221.  (A) Except as provided by division (C) of	50682
this section, if the department of job and family services	50683
determines that a county family services agency has failed to	50684
comply with a performance or other administrative standard	50685
established under section 5101.22 of the Revised Code for the	50686
administration or outcome of a family services duty, the	50687
department shall require the agency to develop, submit to the	50688
department for approval, and comply with a corrective action plan.	50689

(B) If a county family services agency fails to develop,	50690
submit to the department, or comply with a corrective action plan	50691
under division (A) of this section, or the department disapproves	50692
the agency's corrective action plan, the department may require	50693
the agency to develop, submit to the department for approval, and	50694
comply with a corrective action plan that requires the agency to	50695
commit existing resources to the plan.	50696

(C) The department may not require a county family services	50697
agency to take action under this section for failure to comply	50698
with a performance or other administrative standard if either of	50699
the following is the case:	50700

(1) Federal law requires the department to establish the	50701
standard.	50702

(2) The standard is established for an incentive.

50703

Sec. 5101.222.  The director of job and family services may	50704
adopt rules in accordance with section 111.15 of the Revised Code	50705
to implement sections 5111.22 to 5111.222 of the Revised Code. If	50706
the director adopts the rules, the director shall adopt the rules	50707
as if they were internal management rules.	50708

Sec. 5101.24.  (A) As used in this section, "responsible	50709
entity" means the following:	50710

(1) If the family services duty or workforce development	50711
activity involved is included in a partnership agreement a board	50712
of county commissioners and the director of job and family	50713
services enters into under section 5101.21 of the Revised Code,	50714
the board regardless of the fact thator a county family services	50715
agency performs the family services duty or a workforce	50716
development agency performs the workforce development activity.	50717

(2) If the family services duty or workforce development	50718
activity involved is not included in a partnership agreement, the	50719
county family services agency or workforce development agency,	50720
whichever the director of job and family services determines is	50721
appropriate to take action against under division (C) of this	50722
section.	50723

(B) TheRegardless of whether a family services duty is	50724
performed by a county family services agency, private or	50725
government entity pursuant to a contract entered into under	50726
section 307.982 of the Revised Code or division (C)(2) of section	50727
5153.16 of the Revised Code, or private or government provider of	50728
a family service duty, the department of job and family services	50729
may take action under division (C) of this section against the	50730
responsible entity if the department determines any of the	50731
following apply to the county family services agency performing	50732
the family services duty or workforce development agency providing	50733
the workforce development activityare the case:	50734

(1) The agency fails to meet a performance standard specified	50735
in a partnership agreement entered into under section 5101.21 or	50736
establishedA requirement of a fiscal agreement entered into under	50737
section 5101.21 of the Revised Code that includes the family	50738
services duty, including a requirement for fiscal agreements	50739
established by rules adopted under that section, is not complied	50740
with;	50741

(2) A county family services agency fails to develop, submit	50742
to the department, or comply with a corrective action plan under	50743
division (B) of section 5101.221 of the Revised Code, or the	50744
department disapproves the agency's corrective action plan	50745
developed under division (B) of section 5101.225101.221 of the	50746
Revised Code for the duty or activity;	50747

(2) The agency fails to comply with a(3) A requirement for	50748
the family services duty established by the department or any of	50749
the following is not complied with: a federal statute or	50750
regulations, state statute, or a department rule for the duty or	50751
activitylaw, state plan for receipt of federal financial	50752
participation, grant agreement between the department and a	50753
federal agency, or executive order issued by the governor;	50754

(3)(4) The agencyresponsible entity is solely or partially	50755
responsible, as determined by the director of job and family	50756
services, for an adverse audit orfinding, adverse quality control	50757
finding, final disallowance of federal financial participation, or	50758
other sanction or penalty regarding the family services duty or	50759
activity.	50760

(C) The department may take one or more of the following	50761
actions against the responsible entity ifwhen authorized by	50762
division (B)(1), (2), or (3), or (4) of this section applies:	50763

(1) Require the responsible entity to submit to and comply	50764
with a corrective action plan pursuant to a time schedule	50765
specified by the department;. The corrective action plan shall be	50766
established or approved by the department and shall not require a	50767
county family services agency to commit resources to the plan.	50768

(2) Require the responsible entity to comply with a	50769
corrective action plan pursuant to a time schedule specified by	50770
the department. The corrective action plan shall be established or	50771
approved by the department and require a county family services	50772
agency to commit to the plan existing resources identified by the	50773
agency.	50774

(3) Require the responsible entity to do one of the	50775
following:	50776

(a) Share with the department a final disallowance of federal	50777
financial participation or other sanction or penalty;	50778

(b) Reimburse the department the final amount the department	50779
pays to the federal government or another entity that represents	50780
the amount the agencyresponsible entity is responsible for of an	50781
adverse audit orfinding, adverse quality control finding, final	50782
disallowance of federal financial participation, or other sanction	50783
or penalty issued by the federal government, auditor of state, or	50784
other entity;	50785

(c) Pay the federal government or another entity the final	50786
amount that represents the amount the agencyresponsible entity is	50787
responsible for of an adverse audit orfinding, adverse quality	50788
control finding, final disallowance of federal financial	50789
participation, or other sanction or penalty issued by the federal	50790
government, auditor of state, or other entity;	50791

(d) Pay the department the final amount that represents the	50792
amount the responsible entity is responsible for of an adverse	50793
audit finding or adverse quality control finding.	50794

(3)(4) Impose a financial oran administrative sanction or	50795
adverse audit issued by the department against the responsible	50796
entity. A sanction may be increased if the department has	50797
previously taken action against the responsible entity under this	50798
division.	50799

(4)(5) Perform, or contract with a government or private	50800
entity for the entity to perform, the family services duty or	50801
workforce development activity until the department is satisfied	50802
that the responsible entity ensures that the duty or activity will	50803
be performed satisfactorily. If the department performs or	50804
contracts with an entity to perform a family services duty or	50805
workforce development activity under division (C)(4)(5) of this	50806
section, the department may do either or both of the following:	50807

(a) Spend funds in the county treasury appropriated by the	50808
board of county commissioners for the duty or activity;	50809

(b) Withhold funds allocated or reimbursements due to the	50810
responsible entity for the duty or activity and spend the funds	50811
for the duty or activity.	50812

(5)(6) Request that the attorney general bring mandamus	50813
proceedings to compel the responsible entity to take or cease the	50814
action that causes division (B)(1), (2), or (3), or (4) of this	50815
section to apply. The attorney general shall bring mandamus	50816
proceedings in the Franklin county court of appeals at the	50817
department's request.	50818

(7) If the department takes action under this division	50819
because of division (B)(3) of this section, withhold funds	50820
allocated or reimbursement due to the responsible entity until the	50821
department determines that the responsible entity is in compliance	50822
with the requirement. The department shall release the funds when	50823
the department determines that compliance has been achieved.	50824

(D) If the department decidesproposes to take action against	50825
the responsible entity under division (C) of this section, the	50826
department shall notify the responsible entity and county auditor.	50827
The notice shall be in writing and specify the action the	50828
department proposes to take. The department shall send the notice	50829
by regular United States mail.	50830

TheExcept as provided by division (E) of this section, the	50831
responsible entity may request an administrative review of a	50832
proposed action, other than a proposed action under division	50833
(C)(5) of this section, by sending a written request to the	50834
department not later thanin accordance with administrative review	50835
procedures the department shall establish. The administrative	50836
review procedures shall comply with all of the following:	50837

(1) A request for an administrative review shall state	50838
specifically all of the following:	50839

(a) The proposed action specified in the notice from the	50840
department for which the review is requested;	50841

(b) The reason why the responsible entity believes the	50842
proposed action is inappropriate;	50843

(c) All facts and legal arguments that the responsible entity	50844
wants the department to consider;	50845

(d) The name of the person who will serve as the responsible	50846
entity's representative in the review.	50847

(2) If the department's notice specifies more than one	50848
proposed action and the responsible entity does not specify all of	50849
the proposed actions in its request pursuant to division (D)(1)(a)	50850
of this section, the proposed actions not specified in the request	50851
shall not be subject to administrative review and the parts of the	50852
notice regarding those proposed actions shall be final and binding	50853
on the responsible entity.	50854

(3) In the case of a proposed action under division (C)(1) of	50855
this section, the responsible entity shall have fifteen calendar	50856
days after the department mails the notice to the responsible	50857
entity to send a written request to the department for an	50858
administrative review. If it receives such a request within the	50859
required time, the department shall postpone taking action under	50860
division (C)(1) of this section for fifteen calendar days	50861
following the day it receives the request. Theor extended period	50862
of time provided for in division (D)(5) of this section to allow a	50863
representative of the department and a representative of the	50864
responsible entity shall attemptan informal opportunity to	50865
resolve any dispute during that fifteen-day or extended period.	50866

(2)(4) In the case of a proposed action under division	50867
(C)(2), (3), (4), (5), or (7) of this section, forty-fivethe	50868
responsible entity shall have thirty calendar days after the	50869
department mails the notice to the responsible entity to send a	50870
written request to the department for an administrative review.	50871
The administrative review shall be limited solely to the issue of	50872
the amount the responsible entity shall share with the department,	50873
reimburse the department, or pay to the federal government or	50874
another entity under division (C)(2) of this section. TheIf it	50875
receives such a request within the required time, the department	50876
shall postpone taking action under division (C)(2), (3), (4), (5),	50877
or (7) of this section for thirty calendar days following the day	50878
it receives the request or extended period of time provided for in	50879
division (D)(5) of this section to allow a representative of the	50880
department and a representative of the responsible entity shall	50881
attemptan informal opportunity to resolve any dispute within	50882
sixty daysduring that thirty-day or extended period.	50883

(3) In the case of a proposed action under division (C)(3) or	50884
(4) of this section, forty-five days after the department mails	50885
the notice to the responsible entity. The department and	50886
responsible entity shall attempt to resolve any dispute within	50887
sixty days.	50888

If the department and responsible entity fail to resolve any	50889
dispute within the required time, the department shall conduct a	50890
hearing in accordance with Chapter 119. of the Revised Code,	50891
except that the department, notwithstanding section 119.07 of the	50892
Revised Code, is not required to schedule the hearing within	50893
fifteen days of the responsible entity's request.	50894

(E)(5) If the informal opportunity provided in division	50895
(D)(3) or (4) of this section does not result in a written	50896
resolution to the dispute within the fifteen- or thirty-day	50897
period, the director of job and family services and representative	50898
of the responsible entity may enter into a written agreement	50899
extending the time period for attempting an informal resolution of	50900
the dispute under division (D)(3) or (4) of this section.	50901

(6) In the case of a proposed action under division (C)(3) of	50902
this section, the responsible entity may not include in its	50903
request disputes over a finding, final disallowance of federal	50904
financial participation, or other sanction or penalty issued by	50905
the federal government, auditor of state, or entity other than the	50906
department.	50907

(7) If the responsible entity fails to request an	50908
administrative review within the required time, the responsible	50909
entity loses the right to request an administrative review of the	50910
proposed actions specified in the notice and the notice becomes	50911
final and binding on the responsible entity.	50912

(8) If the informal opportunity provided in division (D)(3)	50913
or (4) of this section does not result in a written resolution to	50914
the dispute within the time provided by division (D)(3), (4), or	50915
(5) of this section, the director shall appoint an administrative	50916
review panel to conduct the administrative review. The review	50917
panel shall consist of department employees and one director or	50918
other representative of the type of county family services agency	50919
that is responsible for the kind of family services duty that is	50920
the subject of the dispute and serves a different county than the	50921
county served by the responsible entity. No individual involved in	50922
the department's proposal to take action against the responsible	50923
entity may serve on the review panel. The review panel shall	50924
review the responsible entity's request. The review panel may	50925
require that the department or responsible entity submit	50926
additional information and schedule and conduct an informal	50927
hearing to obtain testimony or additional evidence. A review of a	50928
proposal to take action under division (C)(3) of this section	50929
shall be limited solely to the issue of the amount the responsible	50930
entity shall share with the department, reimburse the department,	50931
or pay to the federal government, department, or other entity	50932
under division (C)(3) of this section. The review panel is not	50933
required to make a stenographic record of its hearing or other	50934
proceedings.	50935

(9) After finishing an administrative review, an	50936
administrative review panel appointed under division (D)(8) of	50937
this section shall submit a written report to the director setting	50938
forth its findings of fact, conclusions of law, and	50939
recommendations for action. The director may approve, modify, or	50940
disapprove the recommendations. If the director modifies or	50941
disapproves the recommendations, the director shall state the	50942
reasons for the modification or disapproval and the actions to be	50943
taken against the responsible entity.	50944

(10) The director's approval, modification, or disapproval	50945
under division (D)(9) of this section shall be final and binding	50946
on the responsible entity and shall not be subject to further	50947
departmental review.	50948

(E) The responsible entity is not entitled to an	50949
administrative review under division (D) of this section for any	50950
of the following:	50951

(1) An action taken under division (C)(6) of this section;

50952

(2) An action taken under section 5101.242 of the Revised	50953
Code;	50954

(3) An action taken under division (C)(3) of this section if	50955
the federal government, auditor of state, or entity other than the	50956
department has identified the county family services agency as	50957
being solely or partially responsible for an adverse audit	50958
finding, adverse quality control finding, final disallowance of	50959
federal financial participation, or other sanction or penalty;	50960

(4) An adjustment to an allocation, cash draw, advance, or	50961
reimbursement to a county family services agency that the	50962
department determines necessary for budgetary reasons;	50963

(5) Withholding of a cash draw or reimbursement due to	50964
noncompliance with a reporting requirement established in rules	50965
adopted under section 5101.243 of the Revised Code.	50966

(F) This section does not apply to other actions the	50967
department takes against the responsible entity pursuant to	50968
authority granted by another state law unless the other state law	50969
requires the department to take the action in accordance with this	50970
section.	50971

(G) The director of job and family services may adopt rules	50972
in accordance with Chapter 119. of the Revised Code as necessary	50973
to implement this section.	50974

Sec. 5101.241.  (A) As used in this section:

50975

(1) "Local area" and "chief elected official" have the same	50976
meaning as in section 5101.20 of the Revised Code.	50977

(2) "Responsible entity" means the chief elected officials of	50978
a local area.	50979

(B) The department of job and family services may take action	50980
under division (C) of this section against the responsible entity,	50981
regardless of who performs the workforce development activity, if	50982
the department determines any of the following are the case:	50983

(1) A requirement of a grant agreement entered into under	50984
section 5101.20 of the Revised Code that includes the workforce	50985
development activity, including a requirement for grant agreements	50986
established by rules adopted under that section, is not complied	50987
with;	50988

(2) A performance standard for the workforce development	50989
activity established by the federal government or the department	50990
is not met;	50991

(3) A requirement for the workforce development activity	50992
established by the department or any of the following is not	50993
complied with: a federal or state law, state plan for receipt of	50994
federal financial participation, grant agreement between the	50995
department and a federal agency, or executive order;	50996

(4) The responsible entity is solely or partially	50997
responsible, as determined by the director of job and family	50998
services, for an adverse audit finding, adverse quality control	50999
finding, final disallowance of federal financial participation, or	51000
other sanction or penalty regarding the workforce development	51001
activity.	51002

(C) The department may take one or more of the following	51003
actions against the responsible entity when authorized by division	51004
(B)(1), (2), (3), or (4) of this section:	51005

(1) Require the responsible entity to submit to and comply	51006
with a corrective action plan, established or approved by the	51007
department, pursuant to a time schedule specified by the	51008
department;	51009

(2) Require the responsible entity to do one of the	51010
following:	51011

(a) Share with the department a final disallowance of federal	51012
financial participation or other sanction or penalty;	51013

(b) Reimburse the department the amount the department pays	51014
to the federal government or another entity that represents the	51015
amount the responsible entity is responsible for of an adverse	51016
audit finding, adverse quality control finding, final disallowance	51017
of federal financial participation, or other sanction or penalty	51018
issued by the federal government, auditor of state, or other	51019
entity;	51020

(c) Pay the federal government or another entity the amount	51021
that represents the amount the responsible entity is responsible	51022
for of an adverse audit finding, adverse quality control finding,	51023
final disallowance of federal financial participation, or other	51024
sanction or penalty issued by the federal government, auditor of	51025
state, or other entity;	51026

(d) Pay the department the amount that represents the amount	51027
the responsible entity is responsible for of an adverse audit	51028
finding, adverse quality control finding, or other sanction or	51029
penalty issued by the department.	51030

(3) Impose a financial or administrative sanction or adverse	51031
audit finding issued by the department against the responsible	51032
entity, which may be increased with each subsequent action taken	51033
against the responsible entity.	51034

(4) Perform or contract with a government or private entity	51035
for the entity to perform the workforce development activity until	51036
the department is satisfied that the responsible entity ensures	51037
that the activity will be performed to the department's	51038
satisfaction. If the department performs or contracts with an	51039
entity to perform the workforce development activity under	51040
division (C)(4) of this section, the department may withhold funds	51041
allocated to or reimbursements due to the responsible entity for	51042
the activity and use those funds to implement division (C)(4) of	51043
this section.	51044

(5) Request the attorney general to bring mandamus	51045
proceedings to compel the responsible entity to take or cease the	51046
actions listed in division (B) of this section. The attorney	51047
general shall bring any mandamus proceedings in the Franklin	51048
county court of appeals at the department's request.	51049

(6) If the department takes action under this division	51050
because of division (B)(3) of this section, withhold funds	51051
allocated or reimbursement due to the responsible entity until the	51052
department determines that the responsible entity is in compliance	51053
with the requirement. The department shall release the funds when	51054
the department determines that compliance has been achieved.	51055

(D) The department shall notify the responsible entity and	51056
the appropriate county auditor when the department proposes to	51057
take action under division (C) of this section. The notice shall	51058
be in writing and specify the action the department proposes to	51059
take. The department shall send the notice by regular United	51060
States mail. Except as provided in division (E) of this section,	51061
the responsible entity may request an administrative review of a	51062
proposed action in accordance with administrative review	51063
procedures the department shall establish. The administrative	51064
review procedures shall comply with all of the following:	51065

(1) A request for an administrative review shall state	51066
specifically all of the following:	51067

(a) The proposed action specified in the notice from the	51068
department for which the review is requested;	51069

(b) The reason why the responsible entity believes the	51070
proposed action is inappropriate;	51071

(c) All facts and legal arguments that the responsible entity	51072
wants the department to consider;	51073

(d) The name of the person who will serve as the responsible	51074
entity's representative in the review.	51075

(2) If the department's notice specifies more than one	51076
proposed action and the responsible entity does not specify all of	51077
the proposed actions in its request pursuant to division (D)(1)(a)	51078
of this section, the proposed actions not specified in the request	51079
shall not be subject to administrative review and the parts of the	51080
notice regarding those proposed actions shall be final and binding	51081
on the responsible entity.	51082

(3) In the case of a proposed action under division (C)(1) of	51083
this section, the responsible entity shall have fifteen calendar	51084
days after the department mails the notice to the responsible	51085
entity to send a written request to the department for an	51086
administrative review. If it receives such a request within the	51087
required time, the department shall postpone taking action under	51088
division (C)(1) of this section for fifteen calendar days	51089
following the day it receives the request to allow a	51090
representative of the department and a representative of the	51091
responsible entity an informal opportunity to resolve any dispute	51092
during that fifteen-day period.	51093

(4) In the case of a proposed action under division (C)(2),	51094
(3), or (4) of this section, the responsible entity shall have	51095
thirty calendar days after the department mails the notice to the	51096
responsible entity to send a written request to the department for	51097
an administrative review. If it receives such a request within the	51098
required time, the department shall postpone taking action under	51099
division (C)(2), (3), or (4) of this section for thirty calendar	51100
days following the day it receives the request to allow a	51101
representative of the department and a representative of the	51102
responsible entity an informal opportunity to resolve any dispute	51103
during that thirty-day period.	51104

(5) In the case of a proposed action under division (C)(2) of	51105
this section, the responsible entity may not include in its	51106
request disputes over a finding, final disallowance of federal	51107
financial participation, or other sanction or penalty issued by	51108
the federal government, auditor of state, or other entity other	51109
than the department.	51110

(6) If the responsible entity fails to request an	51111
administrative review within the required time, the responsible	51112
entity loses the right to request an administrative review of the	51113
proposed actions specified in the notice and the notice becomes	51114
final and binding on the responsible entity.	51115

(7) If the informal opportunity provided in division (D)(3)	51116
or (4) of this section does not result in a written resolution to	51117
the dispute, the director of job and family services shall appoint	51118
an administrative review panel to conduct the administrative	51119
review. The review panel shall consist of department employees who	51120
are not involved in the department's proposal to take action	51121
against the responsible entity. The review panel shall review the	51122
responsible entity's request. The review panel may require that	51123
the department or responsible entity submit additional information	51124
and schedule and conduct an informal hearing to obtain testimony	51125
or additional evidence. A review of a proposal to take action	51126
under division (C)(2) of this section shall be limited solely to	51127
the issue of the amount the responsible entity shall share with	51128
the department, reimburse the department, or pay to the federal	51129
government, department, or other entity under division (C)(2) of	51130
this section. The review panel is not required to make a	51131
stenographic record of its hearing or other proceedings.	51132

(8) After finishing an administrative review, an	51133
administrative review panel appointed under division (D)(7) of	51134
this section shall submit a written report to the director setting	51135
forth its findings of fact, conclusions of law, and	51136
recommendations for action. The director may approve, modify, or	51137
disapprove the recommendations. If the director modifies or	51138
disapproves the recommendations, the director shall state the	51139
reasons for the modification or disapproval and the actions to be	51140
taken against the responsible entity.	51141

(9) The director's approval, modification, or disapproval	51142
under division (D)(8) of this section shall be final and binding	51143
on the responsible entity and shall not be subject to further	51144
departmental review.	51145

(E) The responsible entity is not entitled to an	51146
administrative review under division (D) of this section for any	51147
of the following:	51148

(1) An action taken under division (C)(5) or (6) of this	51149
section;	51150

(2) An action taken under section 5101.242 of the Revised	51151
Code;	51152

(3) An action taken under division (C)(2) of this section if	51153
the federal government, auditor of state, or entity other than the	51154
department has identified the responsible entity as being solely	51155
or partially responsible for an adverse audit finding, adverse	51156
quality control finding, final disallowance of federal financial	51157
participation, or other sanction or penalty;	51158

(4) An adjustment to an allocation, cash draw, advance, or	51159
reimbursement to the responsible entity's local area that the	51160
department determines necessary for budgetary reasons;	51161

(5) Withholding of a cash draw or reimbursement due to	51162
noncompliance with a reporting requirement established in rules	51163
adopted under section 5101.243 of the Revised Code.	51164

(F) This section does not apply to other actions the	51165
department takes against the responsible entity pursuant to	51166
authority granted by another state law unless the other state law	51167
requires the department to take the action in accordance with this	51168
section.	51169

(G) The director of job and family services may adopt rules	51170
in accordance with Chapter 119. of the Revised Code as necessary	51171
to implement this section.	51172

Sec. 5101.242.  The department of job and family services may	51173
certify a claim to the attorney general under section 131.02 of	51174
the Revised Code for the attorney general to take action under	51175
that section against a responsible entity to recover any funds	51176
that the department determines the responsible entity owes the	51177
department for actions taken under division (C)(2), (3), (4), or	51178
(5) of section 5101.24 or 5101.241 of the Revised Code.	51179

Sec. 5101.243.  The director of job and family services may	51180
adopt rules in accordance with section 111.15 of the Revised Code	51181
establishing reporting requirements for family services duties and	51182
workforce development activities. If the director adopts the	51183
rules, the director shall adopt the rules as if they were internal	51184
management rules and, before adopting the rules, give the public	51185
an opportunity to review and comment on the proposed rules.	51186

Sec. 5101.26.  As used in this section and in sections	51187
5101.27 to 5101.30 of the Revised Code:	51188

(A) "County agency" means a county department of job and	51189
family services or a public children services agency.	51190

(B) "Fugitive felon" means an individual who is fleeing to	51191
avoid prosecution, or custody or confinement after conviction,	51192
under the laws of the place from which the individual is fleeing,	51193
for a crime or an attempt to commit a crime that is a felony under	51194
the laws of the place from which the individual is fleeing or, in	51195
the case of New Jersey, a high misdemeanor, regardless of whether	51196
the individual has departed from the individual's usual place of	51197
residence.	51198

(C) "Information" means records as defined in section 149.011	51199
of the Revised Code, any other documents in any format, and data	51200
derived from records and documents that are generated, acquired,	51201
or maintained by the department of job and family services, a	51202
county agency, or an entity performing duties on behalf of the	51203
department or a county agency.	51204

(D) "Law enforcement agency" means the state highway patrol,	51205
an agency that employs peace officers as defined in section 109.71	51206
of the Revised Code, the adult parole authority, a county	51207
department of probation, a prosecuting attorney, the attorney	51208
general, similar agencies of other states, federal law enforcement	51209
agencies, and postal inspectors. "Law enforcement agency" includes	51210
the peace officers and other law enforcement officers employed by	51211
the agency.	51212

(E) "Medical assistance provided under a public assistance	51213
program" means medical assistance provided under the programs	51214
established under sections 5101.49, 5101.50 to 5101.503, and	51215
5101.51 to 5101.5110, Chapters 5111. and 5115., or any other	51216
provision of the Revised Code.	51217

(F) "Public assistance" means financial assistance, medical	51218
assistance, or social services provided under a program	51219
administered by the department of job and family services or a	51220
county agency pursuant to Chapter 329., 5101., 5104., 5107.,	51221
5108., 5111., or 5115. of the Revised Code or an executive order	51222
issued under section 107.17 of the Revised Code.	51223

(F)(G) "Public assistance recipient" means an applicant for	51224
or recipient or former recipient of public assistance.	51225

Sec. 5101.27.  (A) Except as permitted by this section,	51226
section 5101.28 or 5101.29 of the Revised Code, or the rules	51227
adopted under division (A) of section 5101.30 of the Revised Code,	51228
or required by federal law, no person or government entity shall	51229
solicit, disclose, receive, use, or knowingly permit, or	51230
participate in the use of any information regarding a public	51231
assistance recipient for any purpose not directly connected with	51232
the administration of a public assistance program.	51233

(B)(1) To the extent permitted by federal law, the department	51234
of job and family services and county agencies shall releasedo	51235
both of the following:	51236

(1) Release information regarding a public assistance	51237
recipient for purposes directly connected to the administration of	51238
the program to a government entity responsible for administering a	51239
that public assistance program or any other state, federal, or	51240
federally assisted program that provides cash or in-kind	51241
assistance or services directly to individuals based on need or	51242
for the purpose of protecting children to a government entity	51243
responsible for administering a children's protective services	51244
program.;	51245

(2) To the extent permitted by federal law, the department	51246
and county agencies shall provideProvide information regarding a	51247
public assistance recipient to a law enforcement agency for the	51248
purpose of any investigation, prosecution, or criminal or civil	51249
proceeding relating to the administration of athat public	51250
assistance program.	51251

(C) To the extent permitted by federal law and section	51252
1347.08 of the Revised Code, the department and county agencies	51253
shall provide access to information regarding a public assistance	51254
recipient to all of the following:	51255

(1) The recipient;

51256

(2) The authorized representative, as defined in rules	51257
adopted under section 5101.30 of the Revised Code, of the	51258
recipient;	51259

(3) The parent orlegal guardian of the recipient;

51260

(4) The attorney of the recipient, if the attorney has	51261
written authorization that complies with section 5101.271 of the	51262
Revised Code from the recipient.	51263

(D) To the extent permitted by federal law and subject to	51264
division (E) of this section, the department and county agencies	51265
may releasedo both of the following:	51266

(1) Release information about a public assistance recipient	51267
if the recipient gives voluntary, written consent that	51268
specifically identifies the persons or government entities to	51269
which the information may be released.	51270

Theauthorization that complies with section 5101.271 of the	51271
Revised Code;	51272

(2) Release information regarding a public assistance	51273
recipient to a state, federal, or federally assisted program that	51274
provides cash or in-kind assistance or services directly to	51275
individuals based on need or for the purpose of protecting	51276
children to a government entity responsible for administering a	51277
children's protective services program.	51278

(E) Except when the release is required by division (B), (C),	51279
or (D)(2) of this section, the department or county agency shall	51280
release the information only to the persons or government entities	51281
specified in the document evidencing consent. Consent may be	51282
time-limited or ongoing, at the discretion of the individual	51283
giving it, and may be rescinded at any time; however, an	51284
individual cannot rescind consent retroactively. The document	51285
evidencing consent must state that consent may be rescindedin	51286
accordance with the authorization. The department or county agency	51287
shall provide, at no cost, a copy of each written authorization to	51288
the individual who signed it.	51289

(F) The department or a county agency may release information	51290
under this division (D) of this section concerning athe receipt	51291
of medical assistance provided under Chapter 5111. of the Revised	51292
Codea public assistance program only if bothall of the following	51293
conditions are the casemet:	51294

(1) The release of information is for purposes directly	51295
connected to the administration of programs created under Chapter	51296
5111. of the Revised Code or servicesprovision of medical	51297
assistance provided under programs created under that chaptera	51298
public assistance program;	51299

(2) The information is released to persons or government	51300
entities that are subject to standards of confidentiality and	51301
safeguarding information substantially comparable to those	51302
established for programs created under Chapter 5111. of the	51303
Revised Codemedical assistance provided under a public assistance	51304
program;	51305

(3) The department or county agency has obtained an	51306
authorization consistent with section 5101.271 of the Revised	51307
Code.	51308

(G) Information concerning the receipt of medical assistance	51309
provided under a public assistance program may be released only if	51310
the release complies with this section and rules adopted by the	51311
department pursuant to section 5101.30 of the Revised Code or, if	51312
more restrictive, the Health Insurance Portability and	51313
Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1955,	51314
42 U.S.C. 1320d, et seq., as amended, and regulations adopted by	51315
the United States department of health and human services to	51316
implement the act.	51317

(H) The department of job and family services may adopt rules	51318
defining "authorized representative" for purposes of division	51319
(C)(2) of this section.	51320

Sec. 5101.271. (A) For the purposes of section 5101.27 of the	51321
Revised Code, an authorization shall be made on a form that uses	51322
language understandable to the average person and contains all of	51323
the following:	51324

(1) A description of the information to be used or disclosed	51325
that identifies the information in a specific and meaningful	51326
fashion;	51327

(2) The name or other specific identification of the person	51328
or class of persons authorized to make the requested use or	51329
disclosure;	51330

(3) The name or other specific identification of the person	51331
or governmental entity to which the information may be released;	51332

(4) A description of each purpose of the requested use or	51333
disclosure of the information;	51334

(5) The date on which the authorization expires or an event	51335
related either to the individual who is the subject of the request	51336
or to the purposes of the requested use or disclosure, the	51337
occurrence of which will cause the authorization to expire;	51338

(6) A statement that the information used or disclosed	51339
pursuant to the authorization may be disclosed by the recipient of	51340
the information and may no longer be protected from disclosure;	51341

(7) The signature of the individual or the individual's	51342
authorized representative and the date on which the authorization	51343
was signed;	51344

(8) If signed by an authorized representative, a description	51345
of the representative's authority to act for the individual;	51346

(9) A statement of the individual or authorized	51347
representative's right to prospectively revoke the written	51348
authorization in writing, along with one of the following:	51349

(a) A description of how the individual or authorized	51350
representative may revoke the authorization;	51351

(b) If the department of job and family services' privacy	51352
notice contains a description of how the individual or authorized	51353
representative may revoke the authorization, a reference to that	51354
privacy notice.	51355

(10) A statement that treatment, payment, enrollment, or	51356
eligibility for public assistance cannot be conditioned on signing	51357
the authorization unless the authorization is necessary for	51358
determining eligibility for the public assistance program.	51359

(B) When an individual requests information pursuant to	51360
section 5101.27 of the Revised Code regarding the individual's	51361
receipt of public assistance and does not wish to provide a	51362
statement of purpose, the statement "at request of the individual"	51363
is a sufficient description for purposes of division (A)(4) of	51364
this section.	51365

Sec. 5101.28.  (A) The department of job and family services	51366
shall enter into written agreements with law enforcement agencies	51367
to exchange, obtain, or share(1) On request of the department of	51368
job and family services or a county agency, a law enforcement	51369
agency shall provide information regarding public assistance	51370
recipients to enable the department,or county agencies, and law	51371
enforcement agenciesagency to determine, for eligibility	51372
purposes, whether a recipient or a member of a recipient's	51373
assistance group is either of the following:	51374

(1) Aa fugitive felon;

51375

(2) Violatingfelon or violating a condition of probation, a	51376
community control sanction, parole, or a post-release control	51377
sanction imposed under state or federal law.	51378

(2) A county agency may enter into a written agreement with a	51379
local law enforcement agency establishing procedures concerning	51380
access to information and providing for compliance with division	51381
(F) of this section.	51382

(B) TheTo the extent permitted by federal law, the	51383
department and county agencies shall provide information, except	51384
information directly related to the receipt of medical assistance	51385
or medical services, regarding recipients of public assistance	51386
under a program administered by the state department or a county	51387
agency pursuant to Chapter 5107., 5108., or 5115. of the Revised	51388
Code to law enforcement agencies on request for the purposes of	51389
investigations, prosecutions, and criminal and civil proceedings	51390
that are within the scope of the law enforcement agencies'	51391
official duties.	51392

(C) Information about a recipient shall be exchanged,	51393
obtained, or shared only if the department, county agency, or law	51394
enforcement agency requesting the information gives sufficient	51395
information to specifically identify the recipient. In addition to	51396
the recipient's name, identifying information may include the	51397
recipient's current or last known address, social security number,	51398
other identifying number, age, gender, physical characteristics,	51399
any information specified in an agreement entered into under	51400
division (A) of this section, or any information considered	51401
appropriate by the department or agency.	51402

(D)(1) The department and its officers and employees are not	51403
liable in damages in a civil action for any injury, death, or loss	51404
to person or property that allegedly arises from the release of	51405
information in accordance with divisions (A), (B), and (C) of this	51406
section. This section does not affect any immunity or defense that	51407
the department and its officers and employees may be entitled to	51408
under another section of the Revised Code or the common law of	51409
this state, including section 9.86 of the Revised Code.	51410

(2) The county agencies and their employees are not liable in	51411
damages in a civil action for any injury, death, or loss to person	51412
or property that allegedly arises from the release of information	51413
in accordance with divisions (A), (B), and (C) of this section.	51414
"Employee" has the same meaning as in division (B) of section	51415
2744.01 of the Revised Code. This section does not affect any	51416
immunity or defense that the county agencies and their employees	51417
may be entitled to under another section of the Revised Code or	51418
the common law of this state, including section 2744.02 and	51419
division (A)(6) of section 2744.03 of the Revised Code.	51420

(E) To the extent permitted by federal law, the department	51421
and county agencies shall provide access to information to the	51422
auditor of state acting pursuant to Chapter 117. or sections	51423
5101.181 and 5101.182 of the Revised Code and to any other	51424
government entity authorized by or federal law to conduct an audit	51425
of or similar activity involving a public assistance program.	51426

(F) The auditor of state shall prepare an annual report on	51427
the outcome of the agreements required under division (A) of this	51428
section. The report shall include the number of fugitive felons	51429
and probation and parole violators apprehended during the	51430
immediately preceding year as a result of the exchange of	51431
information pursuant to that division. The auditor of state shall	51432
file the report with the governor, the president and minority	51433
leader of the senate, and the speaker and minority leader of the	51434
house of representatives. The state department, county agencies,	51435
and law enforcement agencies shall cooperate with the auditor of	51436
state's office in gathering the information required under this	51437
division.	51438

(G) To the extent permitted by federal law, the department of	51439
job and family services, county departments of job and family	51440
services, and employees of the departments may report to a public	51441
children services agency or other appropriate agency information	51442
on known or suspected physical or mental injury, sexual abuse or	51443
exploitation, or negligent treatment or maltreatment, of a child	51444
receiving public assistance, if circumstances indicate that the	51445
child's health or welfare is threatened.	51446

Sec. 5101.35.  (A) As used in this section:

51447

(1) "Agency" means the following entities that administer a	51448
family services program:	51449

(a) The department of job and family services;

51450

(b) A county department of job and family services;

51451

(c) A public children services agency;

51452

(d) A private or government entity administering, in whole or	51453
in part, a family services program for or on behalf of the	51454
department of job and family services or a county department of	51455
job and family services or public children services agency.	51456

(2) "Appellant" means an applicant, participant, former	51457
participant, recipient, or former recipient of a family services	51458
program who is entitled by federal or state law to a hearing	51459
regarding a decision or order of the agency that administers the	51460
program.	51461

(3) "Family services program" means assistance provided under	51462
a Title IV-A program as defined in section 5101.80 of the Revised	51463
Code or under Chapter 5104., 5111., or 5115. or section 173.35,	51464
5101.141, 5101.46, 5101.54, 5153.163, or 5153.165 of the Revised	51465
Code, other than assistance provided under section 5101.46 of the	51466
Revised Code by the department of mental health, the department of	51467
mental retardation and developmental disabilities, a board of	51468
alcohol, drug addiction, and mental health services, or a county	51469
board of mental retardation and developmental disabilities.	51470

(B) Except as provided in by division (G) of this section, an	51471
appellant who appeals under federal or state law a decision or	51472
order of an agency administering a family services program shall,	51473
at the appellant's request, be granted a state hearing by the	51474
department of job and family services. This state hearing shall be	51475
conducted in accordance with rules adopted under this section. The	51476
state hearing shall be tape-recorded, but neither the recording	51477
nor a transcript of the recording shall be part of the official	51478
record of the proceeding. A state hearing decision is binding upon	51479
the agency and department, unless it is reversed or modified on	51480
appeal to the director of job and family services or a court of	51481
common pleas.	51482

(C) Except as provided by division (G) of this section, an	51483
appellant who disagrees with a state hearing decision may make an	51484
administrative appeal to the director of job and family services	51485
in accordance with rules adopted under this section. This	51486
administrative appeal does not require a hearing, but the director	51487
or the director's designee shall review the state hearing decision	51488
and previous administrative action and may affirm, modify, remand,	51489
or reverse the state hearing decision. Any person designated to	51490
make an administrative appeal decision on behalf of the director	51491
shall have been admitted to the practice of law in this state. An	51492
administrative appeal decision is the final decision of the	51493
department and is binding upon the department and agency, unless	51494
it is reversed or modified on appeal to the court of common pleas.	51495

(D) An agency shall comply with a decision issued pursuant to	51496
division (B) or (C) of this section within the time limits	51497
established by rules adopted under this section. If a county	51498
department of job and family services or a public children	51499
services agency fails to comply within these time limits, the	51500
department may take action pursuant to section 5101.24 of the	51501
Revised Code. If another agency fails to comply within the time	51502
limits, the department may force compliance by withholding funds	51503
due the agency or imposing another sanction established by rules	51504
adopted under this section.	51505

(E) An appellant who disagrees with an administrative appeal	51506
decision of the director of job and family services or the	51507
director's designee issued under division (C) of this section may	51508
appeal from the decision to the court of common pleas pursuant to	51509
section 119.12 of the Revised Code. The appeal shall be governed	51510
by section 119.12 of the Revised Code except that:	51511

(1) The person may appeal to the court of common pleas of the	51512
county in which the person resides, or to the court of common	51513
pleas of Franklin county if the person does not reside in this	51514
state.	51515

(2) The person may apply to the court for designation as an	51516
indigent and, if the court grants this application, the appellant	51517
shall not be required to furnish the costs of the appeal.	51518

(3) The appellant shall mail the notice of appeal to the	51519
department of job and family services and file notice of appeal	51520
with the court within thirty days after the department mails the	51521
administrative appeal decision to the appellant. For good cause	51522
shown, the court may extend the time for mailing and filing notice	51523
of appeal, but such time shall not exceed six months from the date	51524
the department mails the administrative appeal decision. Filing	51525
notice of appeal with the court shall be the only act necessary to	51526
vest jurisdiction in the court.	51527

(4) The department shall be required to file a transcript of	51528
the testimony of the state hearing with the court only if the	51529
court orders the department to file the transcript. The court	51530
shall make such an order only if it finds that the department and	51531
the appellant are unable to stipulate to the facts of the case and	51532
that the transcript is essential to a determination of the appeal.	51533
The department shall file the transcript not later than thirty	51534
days after the day such an order is issued.	51535

(5) Section 119.092 of the Revised Code does not apply to the	51536
appeal.	51537

(F) The department of job and family services shall adopt	51538
rules in accordance with Chapter 119. of the Revised Code to	51539
implement this section, including rules governing the following:	51540

(1) State hearings under division (B) of this section. The	51541
rules shall include provisions regarding notice of eligibility	51542
termination and the opportunity of an appellant appealing a	51543
decision or order of a county department of job and family	51544
services to request a county conference with the county department	51545
before the state hearing is held.	51546

(2) Administrative appeals under division (C) of this	51547
section;	51548

(3) Time limits for complying with a decision issued under	51549
division (B) or (C) of this section;	51550

(4) Sanctions that may be applied against an agency under	51551
division (D) of this section.	51552

(G) The department of job and family services may adopt rules	51553
in accordance with Chapter 119. of the Revised Code establishing	51554
inan appeals process for an appellant who appeals a decision or	51555
order regarding a Title IV-A program identified under division	51556
(A)(3)(c) or (d) of section 5101.80 of the Revised Code that is	51557
different from the appeals process established by this section.	51558
The different appeals process may include having a state agency	51559
that administers the Title IV-A program pursuant to an interagency	51560
agreement entered into under section 5101.801 of the Revised Code	51561
administer the appeals process.	51562

(H) The requirements of Chapter 119. of the Revised Code	51563
apply to a state hearing or administrative appeal under this	51564
section only to the extent, if any, specifically provided by rules	51565
adopted under this section.	51566

Sec. 5101.36.  Any application for public assistance gives a	51567
right of subrogation to the department of job and family services	51568
for any workers' compensation benefits payable to a person who is	51569
subject to a support order, as defined in section 3119.01 of the	51570
Revised Code, on behalf of the applicant, to the extent of any	51571
public assistance payments made on the applicant's behalf. If the	51572
director of job and family services, in consultation with a child	51573
support enforcement agency and the administrator of the bureau of	51574
workers' compensation, determines that a person responsible for	51575
support payments to a recipient of public assistance is receiving	51576
workers' compensation, the director shall notify the administrator	51577
of the amount of the benefit to be paid to the department of job	51578
and family services.	51579

For purposes of this section, "public assistance" means	51580
medical assistance provided through the medical assistance program	51581
established under section 5111.01 of the Revised Code; Ohio works	51582
first provided under Chapter 5107. of the Revised Code;	51583
prevention, retention, and contingency benefits and services	51584
provided under Chapter 5108. of the Revised Code; or disability	51585
financial assistance provided under Chapter 5115. of the Revised	51586
Code; or disability medical assistance provided under Chapter	51587
5115. of the Revised Code.	51588

Sec. 5101.58.  As used in this section and section 5101.59 of	51589
the Revised Code, "public assistance" means aid provided under	51590
Chapter 5111. or 5115. of the Revised Code and participation in	51591
the Ohio works first program established under Chapter 5107. of	51592
the Revised Code.	51593

The acceptance of public assistance gives a right of recovery	51594
to the department of job and family services and a county	51595
department of job and family services against the liability of a	51596
third party for the cost of medical services and care arising out	51597
of injury, disease, or disability of the public assistance	51598
recipient or participant. When an action or claim is brought	51599
against a third party by a public assistance recipient or	51600
participant, the entire amount of any settlement or compromise of	51601
the action or claim, or any court award or judgment, is subject to	51602
the recovery right of the department of job and family services or	51603
county department of job and family services. Except in the case	51604
of a recipient or participant who receives medical services or	51605
care through a managed care organization, the department's or	51606
county department's claim shall not exceed the amount of medical	51607
expenses paid by the departments on behalf of the recipient or	51608
participant. In the case of a recipient or participant who	51609
receives medical services or care through a managed care	51610
organization, the amount of the department's or county	51611
department's claim shall be the amount the managed care	51612
organization pays for medical services or care rendered to the	51613
recipient or participant, even if that amount is more than the	51614
amount the departments pay to the managed care organization for	51615
the recipient's or participant's medical services or care. Any	51616
settlement, compromise, judgment, or award that excludes the cost	51617
of medical services or care shall not preclude the departments	51618
from enforcing their rights under this section.	51619

Prior to initiating any recovery action, the recipient or	51620
participant, or the recipient's or participant's representative,	51621
shall disclose the identity of any third party against whom the	51622
recipient or participant has or may have a right of recovery.	51623
Disclosure shall be made to the department of job and family	51624
services when medical expenses have been paid pursuant to Chapter	51625
5111. or 5115. of the Revised Code. Disclosure shall be made to	51626
both the department of job and family services and the appropriate	51627
county department of job and family services when medical expenses	51628
have been paid pursuant to Chapter 5115. of the Revised Code. No	51629
settlement, compromise, judgment, or award or any recovery in any	51630
action or claim by a recipient or participant where the	51631
departments have a right of recovery shall be made final without	51632
first giving the appropriate departments notice and a reasonable	51633
opportunity to perfect their rights of recovery. If the	51634
departments are not given appropriate notice, the recipient or	51635
participant is liable to reimburse the departments for the	51636
recovery received to the extent of medical payments made by the	51637
departments. The departments shall be permitted to enforce their	51638
recovery rights against the third party even though they accepted	51639
prior payments in discharge of their rights under this section if,	51640
at the time the departments received such payments, they were not	51641
aware that additional medical expenses had been incurred but had	51642
not yet been paid by the departments. The third party becomes	51643
liable to the department of job and family services or county	51644
department of job and family services as soon as the third party	51645
is notified in writing of the valid claims for recovery under this	51646
section.	51647

The right of recovery does not apply to that portion of any	51648
judgment, award, settlement, or compromise of a claim, to the	51649
extent of attorneys' fees, costs, or other expenses incurred by a	51650
recipient or participant in securing the judgment, award,	51651
settlement, or compromise, or to the extent of medical, surgical,	51652
and hospital expenses paid by such recipient or participant from	51653
the recipient's or participant's own resources. Attorney fees and	51654
costs or other expenses in securing any recovery shall not be	51655
assessed against any claims of the departments.	51656

To enforce their recovery rights, the departments may do any	51657
of the following:	51658

(A) Intervene or join in any action or proceeding brought by	51659
the recipient or participant or on the recipient's or	51660
participant's behalf against any third party who may be liable for	51661
the cost of medical services and care arising out of the	51662
recipient's or participant's injury, disease, or disability;	51663

(B) Institute and pursue legal proceedings against any third	51664
party who may be liable for the cost of medical services and care	51665
arising out of the recipient's or participant's injury, disease,	51666
or disability;	51667

(C) Initiate legal proceedings in conjunction with the	51668
injured, diseased, or disabled recipient or participant or the	51669
recipient's or participant's legal representative.	51670

Recovery rights created by this section may be enforced	51671
separately or jointly by the department of job and family services	51672
and the county department of job and family services.	51673

The right of recovery given to the department under this	51674
section does not include rights to support from any other person	51675
assigned to the state under sections 5107.20 and 5115.135115.07	51676
of the Revised Code, but includes payments made by a third party	51677
under contract with a person having a duty to support.	51678

The director of job and family services may adopt rules in	51679
accordance with Chapter 119. of the Revised Code the department	51680
considers necessary to implement this section.	51681

Sec. 5101.59.  (A) The application for or acceptance of	51682
public assistance constitutes an automatic assignment of certain	51683
rights to the department of job and family services. This	51684
assignment includes the rights of the applicant, recipient, or	51685
participant and also the rights of any other member of the	51686
assistance group for whom the applicant, recipient, or participant	51687
can legally make an assignment.	51688

Pursuant to this section, the applicant, recipient, or	51689
participant assigns to the department any rights to medical	51690
support available to the applicant, recipient, or participant or	51691
for other members of the assistance group under an order of a	51692
court or administrative agency, and any rights to payments from	51693
any third party liable to pay for the cost of medical care and	51694
services arising out of injury, disease, or disability of the	51695
applicant, recipient, participant, or other members of the	51696
assistance group.	51697

Medicare benefits shall not be assigned pursuant to this	51698
section. Benefits assigned to the department by operation of this	51699
section are directly reimbursable to the department by liable	51700
third parties.	51701

(B) Refusal by the applicant, recipient, or participant to	51702
cooperate in obtaining medical support and payments for self or	51703
any other member of the assistance group renders the applicant,	51704
recipient, or participant ineligible for public assistance, unless	51705
cooperation is waived by the department. Eligibility shall	51706
continue for any individual who cannot legally assign the	51707
individual's own rights and who would have been eligible for	51708
public assistance but for the refusal to assign the individual's	51709
rights or to cooperate as required by this section by another	51710
person legally able to assign the individual's rights.	51711

If the applicant, recipient, or participant or any member of	51712
the assistance group becomes ineligible for public assistance, the	51713
department shall restore to the applicant, recipient, participant,	51714
or member of the assistance group any future rights to benefits	51715
assigned under this section.	51716

The rights of assignment given to the department under this	51717
section do not include rights to support assigned under section	51718
5107.20 or 5115.135115.07 of the Revised Code.	51719

(C) The director of job and family services may adopt rules	51720
in accordance with Chapter 119. of the Revised Code to implement	51721
this section, including rules that specify what constitutes	51722
cooperating with efforts to obtain medical support and payments	51723
and when the cooperation requirement may be waived.	51724

Sec. 5101.75.  (A) As used in sections 5101.75, 5101.751,	51725
5101.752, 5101.753, and 5101.754 of the Revised Code:	51726

(1) "Alternative source of long-term care" includes a	51727
residential care facility licensed under Chapter 3721. of the	51728
Revised Code, an adult care facility licensed under Chapter 3722.	51729
of the Revised Code, home and community-based services, and a	51730
nursing home licensed under Chapter 3721. of the Revised Code that	51731
is not a nursing facility.	51732

(2) "Medicaid" means the medical assistance program	51733
established under Chapter 5111. of the Revised Code.	51734

(3) "Nursing facility" has the same meaning as in section	51735
5111.20 of the Revised Code.	51736

(4) "Representative" means a person acting on behalf of an	51737
applicant for admission to a nursing facility. A representative	51738
may be a family member, attorney, hospital social worker, or any	51739
other person chosen to act on behalf of an applicant.	51740

(5) "Third-party payment source" means a third-party payer as	51741
defined in section 3901.38 of the Revised Code or medicaid.	51742

(B) Effective July 1, 1994, the department of job and family	51743
services may assess a person applying or intending to apply for	51744
admission to a nursing facility who is not an applicant for or	51745
recipient of medicaid to determine whether the person is in need	51746
of nursing facility services and whether an alternative source of	51747
long-term care is more appropriate for the person in meeting the	51748
person's physical, mental, and psychosocial needs than admission	51749
to the facility to which the person has applied.	51750

Each assessment shall be performed by the department or an	51751
agency designated by the department under section 5101.751 of the	51752
Revised Code and shall be based on information provided by the	51753
person or the person's representative. It shall consider the	51754
person's physical, mental, and psychosocial needs and the	51755
availability and effectiveness of informal support and care. The	51756
department or designated agency shall determine the person's	51757
physical, mental, and psychosocial needs by using, to the maximum	51758
extent appropriate, information from the resident assessment	51759
instrument specified in rules adopted by the department under	51760
division (A) of section 5111.231 of the Revised Code. The	51761
department or designated agency shall also use the criteria and	51762
procedures established in rules adopted by the department under	51763
division (I) of this section. Assessments may be performed only by	51764
persons certified by the department under section 5101.752 of the	51765
Revised Code. The department or designated agency shall make a	51766
recommendation on the basis of the assessment and, not later than	51767
the time the assessment is required to be performed under division	51768
(D) of this section, give the person assessed written notice of	51769
the recommendation, which shall explain the basis for the	51770
recommendation. If the department or designated agency determines	51771
pursuant to an assessment that an alternative source of long-term	51772
care is more appropriate for the person than admission to the	51773
facility to which the person has applied, the department or	51774
designated agency shall include in the notice possible sources of	51775
financial assistance for the alternative source of long-term care.	51776
If the department or designated agency has been informed that the	51777
person has a representative, it shall give the notice to the	51778
representative.	51779

(C) A person is not required to be assessed under division	51780
(B) of this section if any of the following apply:	51781

(1) The circumstances specified by rules adopted under	51782
division (I) of this section exist.	51783

(2) The person is to receive care in a nursing facility under	51784
a contract for continuing care as defined in section 173.13 of the	51785
Revised Code.	51786

(3) The person has a contractual right to admission to a	51787
nursing facility operated as part of a system of continuing care	51788
in conjunction with one or more facilities that provide a less	51789
intensive level of services, including a residential care facility	51790
licensed under Chapter 3721. of the Revised Code, an adult-care	51791
facility licensed under Chapter 3722. of the Revised Code, or an	51792
independent living arrangement;	51793

(4) The person is to receive continual care in a home for the	51794
aged exempt from taxation under section 5701.13 of the Revised	51795
Code;	51796

(5) The person is to receive care in the nursing facility for	51797
not more than fourteen days in order to provide temporary relief	51798
to the person's primary caregiver and the nursing facility	51799
notifies the department of the person's admittance not later than	51800
twenty-four hours after admitting the person;	51801

(6) The person is to be transferred from another nursing	51802
facility, unless the nursing facility from which or to which the	51803
person is to be transferred determines that the person's medical	51804
condition has changed substantially since the person's admission	51805
to the nursing facility from which the person is to be transferred	51806
or a review is required by a third-party payment source;	51807

(7) The person is to be readmitted to a nursing facility	51808
following a period of hospitalization, unless the hospital or	51809
nursing facility determines that the person's medical condition	51810
has changed substantially since the person's admission to the	51811
hospital, or a review is required by a third-party payment source;	51812

(8) The department or designated agency fails to complete an	51813
assessment within the time required by division (D) or (E) of this	51814
section or determines after a partial assessment that the person	51815
should be exempt from the assessment.	51816

(D) The department or designated agency shall perform a	51817
complete assessment, or, if circumstances provided by rules	51818
adopted under division (I) of this section exist, a partial	51819
assessment, as follows:	51820

(1) In the case of a hospitalized person applying or	51821
intending to apply to a nursing facility, not later than two	51822
working days after the person or the person's representative is	51823
notified that a bed is available in a nursing facility;	51824

(2) In the case of an emergency as determined in accordance	51825
with rules adopted under division (I) of this section, not later	51826
than one working day after the person or the person's	51827
representative is notified that a bed is available in a nursing	51828
facility;	51829

(3) In all other cases, not later than five calendar days	51830
after the person or the person's representative who submits the	51831
application is notified that a bed is available in a nursing	51832
facility.	51833

(E) If the department or designated agency conducts a partial	51834
assessment under division (D) of this section, it shall complete	51835
the rest of the assessment not later than one hundred eighty days	51836
after the date the person is admitted to the nursing facility	51837
unless the assessment entity determines the person should be	51838
exempt from the assessment.	51839

(F) A person assessed under this section or the person's	51840
representative may file a complaint with the department about the	51841
assessment process. The department shall work to resolve the	51842
complaint in accordance with rules adopted under division (I) of	51843
this section.	51844

(G) A person is not required to seek an alternative source of	51845
long-term care and may be admitted to or continue to reside in a	51846
nursing facility even though an alternative source of long-term	51847
care is available or the person is determined pursuant to an	51848
assessment under this section not to need nursing facility	51849
services.	51850

(H) No nursing facility withfor which an operator has a	51851
provider agreement with the department under section 5111.22 of	51852
the Revised Code shall admit or retain any person, other than a	51853
person exempt from the assessment requirement as provided by	51854
division (C) of this section, as a resident unless the nursing	51855
facility has received evidence that a complete or partial	51856
assessment has been completed.	51857

(I) The director of job and family services shall adopt rules	51858
in accordance with Chapter 119. of the Revised Code to implement	51859
and administer this section. The rules shall include all of the	51860
following:	51861

(1) The information a person being assessed or the person's	51862
representative must provide to enable the department or designated	51863
agency to do the assessment;	51864

(2) Criteria to be used to determine whether a person is in	51865
need of nursing facility services;	51866

(3) Criteria to be used to determine whether an alternative	51867
source of long-term care is appropriate for the person being	51868
assessed;	51869

(4) Criteria and procedures to be used to determine a	51870
person's physical, mental, and psychosocial needs;	51871

(5) Criteria to be used to determine the effectiveness and	51872
continued availability of a person's current source of informal	51873
support and care;	51874

(6) Circumstances, in addition to those specified in division	51875
(C) of this section, under which a person is not required to be	51876
assessed;	51877

(7) Circumstances under which the department or designated	51878
agency may perform a partial assessment under division (D) of this	51879
section;	51880

(8) The method by which a situation will be determined to be	51881
an emergency for the purpose of division (D)(2) of this section;	51882

(9) The method by which the department will attempt to	51883
resolve complaints filed under division (F) of this section.	51884

(J) The director of job and family services may fine a	51885
nursing facility an amount determined by rules the director shall	51886
adopt in accordance with Chapter 119. of the Revised Code in	51887
either of the following circumstances:	51888

(1) The nursing facility fails to notify the department	51889
within the required time about an admission described in division	51890
(C)(5) of this section;	51891

(2) The nursing facility admits, without evidence that a	51892
complete or partial assessment has been conducted, a person other	51893
than a person exempt from the assessment requirement as provided	51894
by division (C) of this section.	51895

The director shall deposit all fines collected under this	51896
division into the residents protection fund established by section	51897
5111.62 of the Revised Code.	51898

Sec. 5101.80. (A) As used in this section and in section	51899
5101.801 of the Revised Code:	51900

(1) "County family services agency" has the same meaning as	51901
in section 307.981 of the Revised Code.	51902

(2) "State agency" has the same meaning as in section 9.82 of	51903
the Revised Code.	51904

(3) "Title IV-A program" means all of the following that are	51905
funded in part with funds provided under the temporary assistance	51906
for needy families block grant established by Title IV-A of the	51907
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	51908
amended:	51909

(a) The Ohio works first program established under Chapter	51910
5107. of the Revised Code;	51911

(b) The prevention, retention, and contingency program	51912
established under Chapter 5108. of the Revised Code;	51913

(c) A program established by the general assembly or an	51914
executive order issued by the governor that is administered or	51915
supervised by the department of job and family services pursuant	51916
to section 5101.801 of the Revised Code;	51917

(d) A component of a Title IV-A program identified under	51918
divisions (A)(3)(a) to (c) of this section that the Title IV-A	51919
state plan prepared under division (C)(1) of this section	51920
identifies as a component.	51921

(B) The department of job and family services shall act as	51922
the single state agency to administer and supervise the	51923
administration of Title IV-A programs. The Title IV-A state plan	51924
and amendments to the plan prepared under division (C) of this	51925
section are binding on county family services agencies and state	51926
agencies that administer a Title IV-A program. No county family	51927
services agency or state agency administering a Title IV-A program	51928
may establish, by rule or otherwise, a policy governing the Title	51929
IV-A program that is inconsistent with a Title IV-A program policy	51930
established, in rule or otherwise, by the director of job and	51931
family services.	51932

(C) The department of job and family services shall do all of	51933
the following:	51934

(1) Prepare and submit to the United States secretary of	51935
health and human services a Title IV-A state plan for Title IV-A	51936
programs;	51937

(2) Prepare and submit to the United States secretary of	51938
health and human services amendments to the Title IV-A state plan	51939
that the department determines necessary, including amendments	51940
necessary to implement Title IV-A programs identified in division	51941
(A)(3)(c) and (d) of this section;	51942

(3) Prescribe forms for applications, certificates, reports,	51943
records, and accounts of county family services agencies and state	51944
agencies administering a Title IV-A program, and other matters	51945
related to Title IV-A programs;	51946

(4) Make such reports, in such form and containing such	51947
information as the department may find necessary to assure the	51948
correctness and verification of such reports, regarding Title IV-A	51949
programs;	51950

(5) Require reports and information from each county family	51951
services agency and state agency administering a Title IV-A	51952
program as may be necessary or advisable regarding the Title IV-A	51953
program;	51954

(6) Afford a fair hearing in accordance with section 5101.35	51955
of the Revised Code to any applicant for, or participant or former	51956
participant of, a Title IV-A program aggrieved by a decision	51957
regarding the program;	51958

(7) Administer and expend, pursuant to Chapters 5104., 5107.,	51959
and 5108. of the Revised Code and section 5101.801 of the Revised	51960
Code, any sums appropriated by the general assembly for the	51961
purpose of those chapters and section and all sums paid to the	51962
state by the secretary of the treasury of the United States as	51963
authorized by Title IV-A of the "Social Security Act," 110 Stat.	51964
2113 (1996), 42 U.S.C. 601, as amended;	51965

(8) Conduct investigations and audits as are necessary	51966
regarding Title IV-A programs;	51967

(9) Enter into reciprocal agreements with other states	51968
relative to the provision of Ohio works first and prevention,	51969
retention, and contingency to residents and nonresidents;	51970

(10) Contract with a private entity to conduct an independent	51971
on-going evaluation of the Ohio works first program and the	51972
prevention, retention, and contingency program. The contract must	51973
require the private entity to do all of the following:	51974

(a) Examine issues of process, practice, impact, and	51975
outcomes;	51976

(b) Study former participants of Ohio works first who have	51977
not participated in Ohio works first for at least one year to	51978
determine whether they are employed, the type of employment in	51979
which they are engaged, the amount of compensation they are	51980
receiving, whether their employer provides health insurance,	51981
whether and how often they have received benefits or services	51982
under the prevention, retention, and contingency program, and	51983
whether they are successfully self sufficient;	51984

(c) Provide the department with reports at times the	51985
department specifies.	51986

(11) Not later than January 1, 2001, and the first day of	51987
each January and July thereafter, prepare a report containing	51988
information on the following:	51989

(a) Individuals exhausting the time limits for participation	51990
in Ohio works first set forth in section 5107.18 of the Revised	51991
Code.	51992

(b) Individuals who have been exempted from the time limits	51993
set forth in section 5107.18 of the Revised Code and the reasons	51994
for the exemption.	51995

(12) Not later than January 1, 2001, and on a quarterly basis	51996
thereafter until December 1, 2003, prepare, to the extent the	51997
necessary data is available to the department, a report based on	51998
information determined under section 5107.80 of the Revised Code	51999
that states how many former Ohio works first participants entered	52000
the workforce during the most recent previous quarter for which	52001
the information is known and includes information regarding the	52002
earnings of those former participants. The report shall include a	52003
county-by-county breakdown and shall not contain the names or	52004
social security numbers of former participants.	52005

(13) To the extent authorized by section 5101.801 of the	52006
Revised Code, enter into interagency agreements with state	52007
agencies for the administration of Title IV-A programs identified	52008
under division (A)(3)(c) and (d) of this section.	52009

(D) The department shall provide copies of the reports it	52010
receives under division (C)(10) of this section and prepares under	52011
divisions (C)(11) and (12) of this section to the governor, the	52012
president and minority leader of the senate, and the speaker and	52013
minority leader of the house of representatives. The department	52014
shall provide copies of the reports to any private or government	52015
entity on request.	52016

(E) An authorized representative of the department or a	52017
county family services agency or state agency administering a	52018
Title IV-A program shall have access to all records and	52019
information bearing thereon for the purposes of investigations	52020
conducted pursuant to this section.	52021

Sec. 5101.83.  (A) As used in this section:

52022

(1) "Assistance group" has the same meaning as in sections	52023
section 5107.02 and 5108.01 of the Revised Code, except that it	52024
also means a group provided benefits and services under the	52025
prevention, retention, and contingency program because the members	52026
of the group share a common need for benefits and services.	52027

(2) "Fraudulent assistance" means assistance and service,	52028
including cash assistance, provided under the Ohio works first	52029
program established under Chapter 5107., or benefits and services	52030
provided under the prevention, retention, and contingency program	52031
established under Chapter 5108. of the Revised Code, to or on	52032
behalf of an assistance group that is provided as a result of	52033
fraud by a member of the assistance group, including an	52034
intentional violation of the program's requirements. "Fraudulent	52035
assistance" does not include assistance or services to or on	52036
behalf of an assistance group that is provided as a result of an	52037
error that is the fault of a county department of job and family	52038
services or the state department of job and family services.	52039

(B) If a county director of job and family services	52040
determines that an assistance group has received fraudulent	52041
assistance, the assistance group is ineligible to participate in	52042
the Ohio works first program or the prevention, retention, and	52043
contingency program until a member of the assistance group repays	52044
the cost of the fraudulent assistance. If a member repays the cost	52045
of the fraudulent assistance and the assistance group otherwise	52046
meets the eligibility requirements for the Ohio works first	52047
program or the prevention, retention, and contingency program, the	52048
assistance group shall not be denied the opportunity to	52049
participate in the program.	52050

This section does not limit the ability of a county	52051
department of job and family services to recover erroneous	52052
payments under section 5107.76 of the Revised Code.	52053

The state department of job and family services shall adopt	52054
rules in accordance with Chapter 119. of the Revised Code to	52055
implement this section.	52056

Sec. 5101.97.  (A)(1) Not later than the firstlast day of	52057
each July and January, the department of job and family services	52058
shall complete a report on the characteristics of the individuals	52059
who participate in or receive services through the programs	52060
operated by the department and the outcomes of the individuals'	52061
participation in or receipt of services through the programs. The	52062
reportreports shall be for the six-month periods ending on the	52063
last days of June and December and shall include information on	52064
the following:	52065

(a) Work activities, developmental activities, and	52066
alternative work activities established under sections 5107.40 to	52067
5107.69 of the Revised Code;	52068

(b) Programs of publicly funded child day-care, as defined in	52069
section 5104.01 of the Revised Code;	52070

(c) Child support enforcement programs;

52071

(d) Births to recipients of the medical assistance program	52072
established under Chapter 5111. of the Revised Code.	52073

(2) Not later than the first day of each July, the department	52074
shall complete a progress report on the partnership agreements	52075
between the director of job and family services and boards of	52076
county commissioners under section 5101.21 of the Revised Code.	52077
The report shall include a review of whether the county family	52078
services agencies and workforce development agencies satisfied	52079
performance standards included in the agreements and whether the	52080
department provided assistance, services, and technical support	52081
specified in the agreements to aid the agencies in meeting the	52082
performance standards.	52083

(3) The department shall submit the reports required under	52084
divisionsdivision (A)(1) and (2) of this section to the speaker	52085
and minority leader of the house of representatives, the president	52086
and minority leader of the senate, the legislative budget officer,	52087
the director of budget and management, and each board of county	52088
commissioners. The department shall provide copies of each report	52089
the reports to any person or government entity on request.	52090

In designing the format for each reportthe reports, the	52091
department shall consult with individuals, organizations, and	52092
government entities interested in the programs operated by the	52093
department, so that the reports are designed to enable the general	52094
assembly and the public to evaluate the effectiveness of the	52095
programs and identify any needs that the programs are not meeting.	52096

(B) Whenever the federal government requires that the	52097
department submit a report on a program that is operated by the	52098
department or is otherwise under the department's jurisdiction,	52099
the department shall prepare and submit the report in accordance	52100
with the federal requirements applicable to that report. To the	52101
extent possible, the department may coordinate the preparation and	52102
submission of a particular report with any other report, plan, or	52103
other document required to be submitted to the federal government,	52104
as well as with any report required to be submitted to the general	52105
assembly. The reports required by the Personal Responsibility and	52106
Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) may be	52107
submitted as an annual summary.	52108

Sec. 5103.031.  (A) Except as provided in section 5103.033 of	52109
the Revised Code, the department of job and family services may	52110
not issue a certificate under section 5103.03 of the Revised Code	52111
to a foster home unless the foster caregiver successfully	52112
completes the following amount of preplacement training through	52113
the Ohio child welfare training program or a preplacement training	52114
program operated under section 5103.034 or 5153.60 of the Revised	52115
Code:	52116

(1) If the foster home is a family foster home, at least	52117
twelve hours;	52118

(2) If the foster home is a specialized foster home, at least	52119
thirty-six hours.	52120

(B) No child may be placed in a family foster home unless the	52121
foster caregiver completes at least twelve additional hours of	52122
preplacement training through the Ohio child welfare training	52123
program or a preplacement training program operated under section	52124
5103.034 or 5153.60 of the Revised Code.	52125

Sec. 5103.033.  The department of job and family services may	52126
issue or renew a certificate under section 5103.03 of the Revised	52127
Code to a foster home for the care of a child who is in the	52128
custody of a public children services agency or private child	52129
placing agency pursuant to an agreement entered into under section	52130
5103.15 of the Revised Code regarding a child who was less than	52131
six months of age on the date the agreement was executed if the	52132
foster caregiver successfully completes the following amount of	52133
training:	52134

(A) For an initial certificate, at least twelve hours of	52135
preplacement training through the Ohio child welfare training	52136
program or a preplacement training program operated under section	52137
5103.034 or 5153.60 of the Revised Code;	52138

(B) For renewal of a certificate, at least twelve hours each	52139
year of continuing training in accordance with the foster	52140
caregiver's needs assessment and continuing training plan	52141
developed and implemented under section 5103.035 of the Revised	52142
Code.	52143

Sec. 5103.034. (A) A public children services agency, private	52144
child placing agency, or private noncustodial agency operating a	52145
preplacement training program or continuing training program	52146
approved by the department of job and family services under	52147
section 5103.038 of the Revised Code or the Ohio child welfare	52148
training program operating a preplacement training program or	52149
continuing training program pursuant to section 5153.60 of the	52150
Revised Code shall make the program available to foster	52151
caregivers. The agency or program shall make the programs	52152
available without regard to the type of recommending agency from	52153
which a foster caregiver seeks a recommendation and without charge	52154
to the foster caregiver.	52155

(B) A private child placing agency or private noncustodial	52156
agency operating a preplacement training program or continuing	52157
training program approved by the department of job and family	52158
services under section 5103.038 of the Revised Code may condition	52159
the enrollment of a foster caregiver in a program on either or	52160
both of the following:	52161

(1) Availability of space in the training program;

52162

(2) If applicable, payment of an instruction or registration	52163
fee, if any, by the foster caregiver's recommending agency.	52164

(C) The Ohio child welfare training program operating a	52165
preplacement training program or continuing training program	52166
pursuant to section 5153.60 of the Revised Code may condition the	52167
enrollment in a preplacement training program or continuing	52168
training program of a foster caregiver whose recommending agency	52169
is a private child placing agency or private noncustodial agency	52170
on either or both of the following:	52171

(1) Availability of space in the training program;

52172

(2) Assignment to the program by the foster caregiver's	52173
recommending agency of the allowance payable under section	52174
5103.0313 of the Revised Code.	52175

(D) A private child placing agency or private noncustodial	52176
agency may contract with an individual or a public or private	52177
entity to administer a preplacement training program or continuing	52178
training program operated by the agency and approved by the	52179
department of job and family services under section 5103.038 of	52180
the Revised Code.	52181

Sec. 5103.036.  For the purpose of determining whether a	52182
foster caregiver has satisfied the requirement of section 5103.031	52183
or 5103.032 of the Revised Code, a recommending agency shall	52184
accept training obtained from the Ohio child welfare training	52185
program or pursuant to a preplacement training program or	52186
continuing training program operated under section 5103.034 or	52187
5153.60 of the Revised Code regardless of whether the program is	52188
operated by the recommending agency operated the preplacement	52189
training program or continuing training program. The agency may	52190
require that the foster caregiver successfully complete additional	52191
training as a condition of the agency recommending that the	52192
department of job and family services certify or recertify the	52193
foster caregiver's foster home under section 5103.03 of the	52194
Revised Code.	52195

Sec. 5103.037.  The department of job and family services, in	52196
consultation with the departments of youth services, mental	52197
health, education, mental retardation and developmental	52198
disabilities, and alcohol and drug addiction services, shall	52199
develop a model design of a preplacement training program for	52200
foster caregivers seeking an initial certificate under section	52201
5103.03 of the Revised Code and a model design of a continuing	52202
training program for foster caregivers seeking renewal of a	52203
certificate under that section. The model design of a preplacement	52204
training program shall comply with section 5103.039 of the Revised	52205
Code. The model design of a continuing training program shall	52206
comply with section 5103.0310 of the Revised Code. The department	52207
of job and family services shall make the model designs available	52208
to public children services agenciesthe Ohio child welfare	52209
training program, private child placing agencies, and private	52210
noncustodial agencies.	52211

Sec. 5103.038.  (A) Every other year by a date specified in	52212
rules adopted under section 5103.0316 of the Revised Code, each	52213
public children services agency, private child placing agency, and	52214
private noncustodial agency that seeks to operate a preplacement	52215
training program or continuing training program under section	52216
5103.034 of the Revised Code shall submit to the department of job	52217
and family services a proposal outlining the program. The proposal	52218
may be the same as, a modification of, or different from, a model	52219
design developed under section 5103.037 of the Revised Code. The	52220
proposal shall include a budget for the program regarding the cost	52221
associated with trainers, obtaining sites at which the training is	52222
provided, and the administration of the training. The budget shall	52223
be consistent with rules adopted under section 5103.0316 of the	52224
Revised Code governing the department of job and family services'	52225
reimbursement of public children services agencies, private child	52226
placing agencies, and private noncustodial agencies under section	52227
5103.0313 of the Revised Code.	52228

(B) Not later than thirty days after receiving a proposal	52229
under division (A) of this section, the department shall either	52230
approve or disapprove the proposed program. The department shall	52231
approve a proposed preplacement training program if it complies	52232
with section 5103.039 or 5103.0310 of the Revised Code, as	52233
appropriate, and, in the case of a proposal submitted by an agency	52234
operating a preplacement training program at the time the proposal	52235
is submitted, the department is satisfied with the agency's	52236
operation of the program. The department shall approve a proposed	52237
continuing training program if it complies with section 5103.0310	52238
or 5103.0311 of the Revised Code, as appropriate, and, in the case	52239
of a proposal submitted by an agency operating a continuing	52240
training program at the time the proposal is submitted, the	52241
department is satisfied with the agency's operation of the	52242
program. The department shall disapprove a proposed program if the	52243
program's budget is not consistent with rules adopted under	52244
section 5103.0316 of the Revised Code governing the department's	52245
reimbursement of public children services agencies, private child	52246
placing agencies, and private noncustodial agencies under section	52247
5103.0313 of the Revised Code. If the department disapproves a	52248
proposal, it shall provide the reason for disapproval to the	52249
agency that submitted the proposal and advise the agency of how to	52250
revise the proposal so that the department can approve it.	52251

(C) The department's approval under division (B) of this	52252
section of a proposed preplacement training program or continuing	52253
training program is valid only for two years following the year	52254
the proposal for the program is submitted to the department under	52255
division (A) of this section.	52256

Sec. 5103.0312.  A public children services agency, private	52257
child placing agency, or private noncustodial agency acting as a	52258
recommending agency for foster caregivers who hold certificates	52259
issued under section 5103.03 of the Revised Code shall pay those	52260
foster caregivers who have had at least one foster child placed in	52261
their home a stipend to reimburse them for attending training	52262
courses provided by the Ohio child welfare training program or	52263
pursuant to a preplacement training program or continuing training	52264
program operated under section 5103.034 or 5153.60 of the Revised	52265
Code. The payment shall be based on a stipend rate established by	52266
the department of job and family services. The stipend rate shall	52267
be the same regardless of the type of recommending agency from	52268
which a foster caregiver seeks a recommendation. The department	52269
shall, pursuant to rules adopted under section 5103.0316 of the	52270
Revised Code, reimburse the recommending agency for stipend	52271
payments it makes in accordance with this section.	52272

Sec. 5103.0313.  The department of job and family services	52273
shall reimburse the followingcompensate a private child placing	52274
agency or private noncustodial agency for the cost of providing	52275
procuring or operating preplacement and continuing training to	52276
foster caregivers:	52277

(A) The Ohio child welfare training program;

52278

(B) A public children services agency, private child placing	52279
agency, or private noncustodial agency through a preplacement	52280
training program or continuing training program operatedprograms	52281
under section 5103.034 of the Revised Code for foster caregivers	52282
who are recommended for initial certification or recertification	52283
by the agency.	52284

The reimbursementcompensation shall be on a per diem basis	52285
and limited to the cost associated with the trainer, obtaining a	52286
site at which the training is provided, and the administration of	52287
the trainingpaid to the agency in the form of an allowance for	52288
each hour of preplacement and continuing training provided or	52289
received. A reimbursement rate shall be the same regardless of	52290
whether the training program is operated by the Ohio child welfare	52291
training program or a public children services agency, private	52292
child placing agency, or private noncustodial agency.	52293

Sec. 5103.0314.  The department of job and family services	52294
shall not reimbursecompensate a recommending agency for the cost	52295
of any training the agency requires a foster caregiver to undergo	52296
as a condition of the agency recommending the department certify	52297
or recertify the foster caregiver's foster home under section	52298
5103.03 of the Revised Code if the training is in addition to the	52299
minimum training required by section 5103.031 or 5103.032 of the	52300
Revised Code.	52301

Sec. 5103.0315.  The department of job and family services	52302
shall seek federal financial participation for the cost of making	52303
payments under section 5103.0312 of the Revised Code and	52304
reimbursementsallowances under section 5103.0313 of the Revised	52305
Code. The department shall notify the governor, president of the	52306
senate, minority leader of the senate, speaker of the house of	52307
representatives, and minority leader of the house of	52308
representatives of any proposed federal legislation that endangers	52309
the federal financial participation.	52310

Sec. 5103.0316. Not later than ninety days after January 1,	52311
2001, theThe department of job and family services shall adopt	52312
rules in accordance with Chapter 119. of the Revised Code as	52313
necessary for the efficient administration of sections 5103.031 to	52314
5103.0316 of the Revised Code. The rules shall provide for all of	52315
the following:	52316

(A) For the purpose of section 5103.038 of the Revised Code,	52317
the date by which a public children services agency, private child	52318
placing agency, or private noncustodial agency that seeks to	52319
operate a preplacement training program or continuing training	52320
program under section 5103.034 of the Revised Code must submit to	52321
the department a proposal outlining the program;	52322

(B) Requirements governing the department's reimbursement	52323
compensation of the Ohio child welfare training program and public	52324
children services agencies, private child placing agencies, and	52325
private noncustodial agencies under sections 5103.0312 and	52326
5103.0313 of the Revised Code;	52327

(C) Any other matter the department considers appropriate.

52328

Sec. 5103.154.  (A) Information concerning all children who	52329
are, pursuant to section 2151.353 or 5103.15 of the Revised Code,	52330
in the permanent custody of an institution or association	52331
certified by the department of job and family services under	52332
section 5103.03 of the Revised Code shall be listed with the	52333
department within ninety days after permanent custody is	52334
effective, unless the child has been placed for adoption or unless	52335
an application for placement was initiated under section 5103.16	52336
of the Revised Code.	52337

(B) All persons who wish to adopt children, and are approved	52338
by an agency so empowered under this chapter, shall be listed with	52339
the department within ninety days of approval, unless a person	52340
requests in writing that that person's name not be so listed, or	52341
has had a child placed in that person's home in preparation for	52342
adoption, or has filed a petition for adoption.	52343

(C) All persons who wish to adopt a child with special needs	52344
as defined in rules adopted under section 5153.163 of the Revised	52345
Code, and who are approved by an agency so empowered under this	52346
chapter, shall be listed separately by the department within	52347
ninety days of approval, unless a person requests in writing that	52348
that person's name not be so listed, or has had a child with	52349
special needs placed in that person's home in preparation for	52350
adoption, or has filed a petition for adoption.	52351

(D) The department shall forward information on such children	52352
and listed persons at least quarterly, to all public children	52353
services agencies and all certified agencies.	52354

(E) The appropriate listed names shall be removed when a	52355
child is placed in an adoptive home or when a person withdraws an	52356
application for adoption.	52357

(F) No later than six months after the end of each fiscal	52358
year, the department shall compile a report of its conclusions	52359
regarding the effectiveness of its actions pursuant to this	52360
section and of the restrictions on placement under division (E)(G)	52361
of section 5153.163 of the Revised Code in increasing adoptive	52362
placements of children with special needs, together with its	52363
recommendations, and shall submit a copy of the report to the	52364
chairpersons of the principal committees of the senate and the	52365
house of representatives who consider welfare legislation.	52366

Sec. 5103.155. As used in this section, "children with	52367
special needs" has the same meaning as in rules adopted under	52368
section 5153.163 of the Revised Code.	52369

If the department of job and family services determines that	52370
money in the putative father registry fund created under section	52371
2101.16 of the Revised Code is more than is needed to perform its	52372
duties related to the putative father registry, the department may	52373
use surplus moneys in the fund to promote adoption of children	52374
with special needs.	52375

Sec. 5104.01.  As used in this chapter:

52376

(A) "Administrator" means the person responsible for the	52377
daily operation of a center or type A home. The administrator and	52378
the owner may be the same person.	52379

(B) "Approved child day camp" means a child day camp approved	52380
pursuant to section 5104.22 of the Revised Code.	52381

(C) "Authorized provider" means a person authorized by a	52382
county director of job and family services to operate a certified	52383
type B family day-care home.	52384

(D) "Border state child day-care provider" means a child	52385
day-care provider that is located in a state bordering Ohio and	52386
that is licensed, certified, or otherwise approved by that state	52387
to provide child day-care.	52388

(E) "Caretaker parent" means the father or mother of a child	52389
whose presence in the home is needed as the caretaker of the	52390
child, a person who has legal custody of a child and whose	52391
presence in the home is needed as the caretaker of the child, a	52392
guardian of a child whose presence in the home is needed as the	52393
caretaker of the child, and any other person who stands in loco	52394
parentis with respect to the child and whose presence in the home	52395
is needed as the caretaker of the child.	52396

(F) "Certified type B family day-care home" and "certified	52397
type B home" mean a type B family day-care home that is certified	52398
by the director of the county department of job and family	52399
services pursuant to section 5104.11 of the Revised Code to	52400
receive public funds for providing child day-care pursuant to this	52401
chapter and any rules adopted under it.	52402

(G) "Chartered nonpublic school" means a school that meets	52403
standards for nonpublic schools prescribed by the state board of	52404
education for nonpublic schools pursuant to section 3301.07 of the	52405
Revised Code.	52406

(H) "Child" includes an infant, toddler, preschool child, or	52407
school child.	52408

(I) "Child care block grant act" means the "Child Care and	52409
Development Block Grant Act of 1990," established in section 5082	52410
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	52411
1388-236 (1990), 42 U.S.C. 9858, as amended.	52412

(J) "Child day camp" means a program in which only school	52413
children attend or participate, that operates for no more than	52414
seven hours per day, that operates only during one or more public	52415
school district's regular vacation periods or for no more than	52416
fifteen weeks during the summer, and that operates outdoor	52417
activities for each child who attends or participates in the	52418
program for a minimum of fifty per cent of each day that children	52419
attend or participate in the program, except for any day when	52420
hazardous weather conditions prevent the program from operating	52421
outdoor activities for a minimum of fifty per cent of that day.	52422
For purposes of this division, the maximum seven hours of	52423
operation time does not include transportation time from a child's	52424
home to a child day camp and from a child day camp to a child's	52425
home.	52426

(K) "Child day-care" means administering to the needs of	52427
infants, toddlers, preschool children, and school children outside	52428
of school hours by persons other than their parents or guardians,	52429
custodians, or relatives by blood, marriage, or adoption for any	52430
part of the twenty-four-hour day in a place or residence other	52431
than a child's own home.	52432

(L) "Child day-care center" and "center" mean any place in	52433
which child day-care or publicly funded child day-care is provided	52434
for thirteen or more children at one time or any place that is not	52435
the permanent residence of the licensee or administrator in which	52436
child day-care or publicly funded child day-care is provided for	52437
seven to twelve children at one time. In counting children for the	52438
purposes of this division, any children under six years of age who	52439
are related to a licensee, administrator, or employee and who are	52440
on the premises of the center shall be counted. "Child day-care	52441
center" and "center" do not include any of the following:	52442

(1) A place located in and operated by a hospital, as defined	52443
in section 3727.01 of the Revised Code, in which the needs of	52444
children are administered to, if all the children whose needs are	52445
being administered to are monitored under the on-site supervision	52446
of a physician licensed under Chapter 4731. of the Revised Code or	52447
a registered nurse licensed under Chapter 4723. of the Revised	52448
Code, and the services are provided only for children who, in the	52449
opinion of the child's parent, guardian, or custodian, are	52450
exhibiting symptoms of a communicable disease or other illness or	52451
are injured;	52452

(2) A child day camp;

52453

(3) A place that provides child day-care, but not publicly	52454
funded child day-care, if all of the following apply:	52455

(a) An organized religious body provides the child day-care;

52456

(b) A parent, custodian, or guardian of at least one child	52457
receiving child day-care is on the premises and readily accessible	52458
at all times;	52459

(c) The child day-care is not provided for more than thirty	52460
days a year;	52461

(d) The child day-care is provided only for preschool and	52462
school children.	52463

(M) "Child day-care resource and referral service	52464
organization" means a community-based nonprofit organization that	52465
provides child day-care resource and referral services but not	52466
child day-care.	52467

(N) "Child day-care resource and referral services" means all	52468
of the following services:	52469

(1) Maintenance of a uniform data base of all child day-care	52470
providers in the community that are in compliance with this	52471
chapter, including current occupancy and vacancy data;	52472

(2) Provision of individualized consumer education to	52473
families seeking child day-care;	52474

(3) Provision of timely referrals of available child day-care	52475
providers to families seeking child day-care;	52476

(4) Recruitment of child day-care providers;

52477

(5) Assistance in the development, conduct, and dissemination	52478
of training for child day-care providers and provision of	52479
technical assistance to current and potential child day-care	52480
providers, employers, and the community;	52481

(6) Collection and analysis of data on the supply of and	52482
demand for child day-care in the community;	52483

(7) Technical assistance concerning locally, state, and	52484
federally funded child day-care and early childhood education	52485
programs;	52486

(8) Stimulation of employer involvement in making child	52487
day-care more affordable, more available, safer, and of higher	52488
quality for their employees and for the community;	52489

(9) Provision of written educational materials to caretaker	52490
parents and informational resources to child day-care providers;	52491

(10) Coordination of services among child day-care resource	52492
and referral service organizations to assist in developing and	52493
maintaining a statewide system of child day-care resource and	52494
referral services if required by the department of job and family	52495
services;	52496

(11) Cooperation with the county department of job and family	52497
services in encouraging the establishment of parent cooperative	52498
child day-care centers and parent cooperative type A family	52499
day-care homes.	52500

(O) "Child-care staff member" means an employee of a child	52501
day-care center or type A family day-care home who is primarily	52502
responsible for the care and supervision of children. The	52503
administrator may be a part-time child-care staff member when not	52504
involved in other duties.	52505

(P) "Drop-in child day-care center," "drop-in center,"	52506
"drop-in type A family day-care home," and "drop-in type A home"	52507
mean a center or type A home that provides child day-care or	52508
publicly funded child day-care for children on a temporary,	52509
irregular basis.	52510

(Q) "Employee" means a person who either:

52511

(1) Receives compensation for duties performed in a child	52512
day-care center or type A family day-care home;	52513

(2) Is assigned specific working hours or duties in a child	52514
day-care center or type A family day-care home.	52515

(R) "Employer" means a person, firm, institution,	52516
organization, or agency that operates a child day-care center or	52517
type A family day-care home subject to licensure under this	52518
chapter.	52519

(S) "Federal poverty line" means the official poverty	52520
guideline as revised annually in accordance with section 673(2) of	52521
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	52522
U.S.C. 9902, as amended, for a family size equal to the size of	52523
the family of the person whose income is being determined.	52524

(T) "Head start program" means a comprehensive child	52525
development program that receives funds distributed under the	52526
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	52527
amended, or under sectionsections 3301.31 to 3301.37 of the	52528
Revised Code.	52529

(U) "Income" means gross income, as defined in section	52530
5107.10 of the Revised Code, less any amounts required by federal	52531
statutes or regulations to be disregarded.	52532

(V) "Indicator checklist" means an inspection tool, used in	52533
conjunction with an instrument-based program monitoring	52534
information system, that contains selected licensing requirements	52535
that are statistically reliable indicators or predictors of a	52536
child day-care center or type A family day-care home's compliance	52537
with licensing requirements.	52538

(W) "Infant" means a child who is less than eighteen months	52539
of age.	52540

(X) "In-home aide" means a person certified by a county	52541
director of job and family services pursuant to section 5104.12 of	52542
the Revised Code to provide publicly funded child day-care to a	52543
child in a child's own home pursuant to this chapter and any rules	52544
adopted under it.	52545

(Y) "Instrument-based program monitoring information system"	52546
means a method to assess compliance with licensing requirements	52547
for child day-care centers and type A family day-care homes in	52548
which each licensing requirement is assigned a weight indicative	52549
of the relative importance of the requirement to the health,	52550
growth, and safety of the children that is used to develop an	52551
indicator checklist.	52552

(Z) "License capacity" means the maximum number in each age	52553
category of children who may be cared for in a child day-care	52554
center or type A family day-care home at one time as determined by	52555
the director of job and family services considering building	52556
occupancy limits established by the department of commerce, number	52557
of available child-care staff members, amount of available indoor	52558
floor space and outdoor play space, and amount of available play	52559
equipment, materials, and supplies.	52560

(AA) "Licensed preschool program" or "licensed school child	52561
program" means a preschool program or school child program, as	52562
defined in section 3301.52 of the Revised Code, that is licensed	52563
by the department of education pursuant to sections 3301.52 to	52564
3301.59 of the Revised Code.	52565

(BB) "Licensee" means the owner of a child day-care center or	52566
type A family day-care home that is licensed pursuant to this	52567
chapter and who is responsible for ensuring its compliance with	52568
this chapter and rules adopted pursuant to this chapter.	52569

(CC) "Operate a child day camp" means to operate, establish,	52570
manage, conduct, or maintain a child day camp.	52571

(DD) "Owner" includes a person, as defined in section 1.59 of	52572
the Revised Code, or government entity.	52573

(EE) "Parent cooperative child day-care center," "parent	52574
cooperative center," "parent cooperative type A family day-care	52575
home," and "parent cooperative type A home" mean a corporation or	52576
association organized for providing educational services to the	52577
children of members of the corporation or association, without	52578
gain to the corporation or association as an entity, in which the	52579
services of the corporation or association are provided only to	52580
children of the members of the corporation or association,	52581
ownership and control of the corporation or association rests	52582
solely with the members of the corporation or association, and at	52583
least one parent-member of the corporation or association is on	52584
the premises of the center or type A home during its hours of	52585
operation.	52586

(FF) "Part-time child day-care center," "part-time center,"	52587
"part-time type A family day-care home," and "part-time type A	52588
home" mean a center or type A home that provides child day-care or	52589
publicly funded child day-care for no more than four hours a day	52590
for any child.	52591

(GG) "Place of worship" means a building where activities of	52592
an organized religious group are conducted and includes the	52593
grounds and any other buildings on the grounds used for such	52594
activities.	52595

(HH) "Preschool child" means a child who is three years old	52596
or older but is not a school child.	52597

(II) "Protective day-care" means publicly funded child	52598
day-care for the direct care and protection of a child to whom	52599
either of the following applies:	52600

(1) A case plan prepared and maintained for the child	52601
pursuant to section 2151.412 of the Revised Code indicates a need	52602
for protective day-care and the child resides with a parent,	52603
stepparent, guardian, or another person who stands in loco	52604
parentis as defined in rules adopted under section 5104.38 of the	52605
Revised Code;	52606

(2) The child and the child's caretaker either temporarily	52607
reside in a facility providing emergency shelter for homeless	52608
families or are determined by the county department of job and	52609
family services to be homeless, and are otherwise ineligible for	52610
publicly funded child day-care.	52611

(JJ) "Publicly funded child day-care" means administering to	52612
the needs of infants, toddlers, preschool children, and school	52613
children under age thirteen during any part of the	52614
twenty-four-hour day by persons other than their caretaker parents	52615
for remuneration wholly or in part with federal or state funds,	52616
including funds available under the child care block grant act	52617
fundsTitle IV-A, and Title XX, distributed by the department of	52618
job and family services.	52619

(KK) "Religious activities" means any of the following:	52620
worship or other religious services; religious instruction; Sunday	52621
school classes or other religious classes conducted during or	52622
prior to worship or other religious services; youth or adult	52623
fellowship activities; choir or other musical group practices or	52624
programs; meals; festivals; or meetings conducted by an organized	52625
religious group.	52626

(LL) "School child" means a child who is enrolled in or is	52627
eligible to be enrolled in a grade of kindergarten or above but is	52628
less than fifteen years old.	52629

(MM) "School child day-care center," "school child center,"	52630
"school child type A family day-care home," and "school child type	52631
A family home" mean a center or type A home that provides child	52632
day-care for school children only and that does either or both of	52633
the following:	52634

(1) Operates only during that part of the day that	52635
immediately precedes or follows the public school day of the	52636
school district in which the center or type A home is located;	52637

(2) Operates only when the public schools in the school	52638
district in which the center or type A home is located are not	52639
open for instruction with pupils in attendance.	52640

(NN) "State median income" means the state median income	52641
calculated by the department of development pursuant to division	52642
(A)(1)(g) of section 5709.61 of the Revised Code.	52643

(OO) "Title IV-A" means Title IV-A of the "Social Security	52644
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	52645

(PP) "Title XX" means Title XX of the "Social Security Act,"	52646
88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	52647

(QQ) "Toddler" means a child who is at least eighteen months	52648
of age but less than three years of age.	52649

(PP)(RR) "Type A family day-care home" and "type A home" mean	52650
a permanent residence of the administrator in which child day-care	52651
or publicly funded child day-care is provided for seven to twelve	52652
children at one time or a permanent residence of the administrator	52653
in which child day-care is provided for four to twelve children at	52654
one time if four or more children at one time are under two years	52655
of age. In counting children for the purposes of this division,	52656
any children under six years of age who are related to a licensee,	52657
administrator, or employee and who are on the premises of the type	52658
A home shall be counted. "Type A family day-care home" does not	52659
include a residence in which the needs of children are	52660
administered to, if all of the children whose needs are being	52661
administered to are siblings of the same immediate family and the	52662
residence is the home of the siblings. "Type A family day-care	52663
home" and "type A home" do not include any child day camp.	52664

(QQ)(SS) "Type B family day-care home" and "type B home" mean	52665
a permanent residence of the provider in which child day-care is	52666
provided for one to six children at one time and in which no more	52667
than three children are under two years of age at one time. In	52668
counting children for the purposes of this division, any children	52669
under six years of age who are related to the provider and who are	52670
on the premises of the type B home shall be counted. "Type B	52671
family day-care home" does not include a residence in which the	52672
needs of children are administered to, if all of the children	52673
whose needs are being administered to are siblings of the same	52674
immediate family and the residence is the home of the siblings.	52675
"Type B family day-care home" and "type B home" do not include any	52676
child day camp.	52677

Sec. 5104.011.  (A) The director of job and family services	52678
shall adopt rules pursuant to Chapter 119. of the Revised Code	52679
governing the operation of child day-care centers, including, but	52680
not limited to, parent cooperative centers, part-time centers,	52681
drop-in centers, and school child centers, which rules shall	52682
reflect the various forms of child day-care and the needs of	52683
children receiving child day-care or publicly funded child	52684
day-care and, no later than January 1, 1992, shall include	52685
specific rules for school child day-care centers that are	52686
developed in consultation with the department of education. The	52687
rules shall not require an existing school facility that is in	52688
compliance with applicable building codes to undergo an additional	52689
building code inspection or to have structural modifications. The	52690
rules shall include the following:	52691

(1) Submission of a site plan and descriptive plan of	52692
operation to demonstrate how the center proposes to meet the	52693
requirements of this chapter and rules adopted pursuant to this	52694
chapter for the initial license application;	52695

(2) Standards for ensuring that the physical surroundings of	52696
the center are safe and sanitary including, but not limited to,	52697
the physical environment, the physical plant, and the equipment of	52698
the center;	52699

(3) Standards for the supervision, care, and discipline of	52700
children receiving child day-care or publicly funded child	52701
day-care in the center;	52702

(4) Standards for a program of activities, and for play	52703
equipment, materials, and supplies, to enhance the development of	52704
each child; however, any educational curricula, philosophies, and	52705
methodologies that are developmentally appropriate and that	52706
enhance the social, emotional, intellectual, and physical	52707
development of each child shall be permissible. As used in this	52708
division, "program" does not include instruction in religious or	52709
moral doctrines, beliefs, or values that is conducted at child	52710
day-care centers owned and operated by churches and does include	52711
methods of disciplining children at child day-care centers.	52712

(5) Admissions policies and procedures, health care policies	52713
and procedures, including, but not limited to, procedures for the	52714
isolation of children with communicable diseases, first aid and	52715
emergency procedures, procedures for discipline and supervision of	52716
children, standards for the provision of nutritious meals and	52717
snacks, and procedures for screening children and employees,	52718
including, but not limited to, any necessary physical examinations	52719
and immunizations;	52720

(6) Methods for encouraging parental participation in the	52721
center and methods for ensuring that the rights of children,	52722
parents, and employees are protected and that responsibilities of	52723
parents and employees are met;	52724

(7) Procedures for ensuring the safety and adequate	52725
supervision of children traveling off the premises of the center	52726
while under the care of a center employee;	52727

(8) Procedures for record keeping, organization, and	52728
administration;	52729

(9) Procedures for issuing, renewing, denying, and revoking a	52730
license that are not otherwise provided for in Chapter 119. of the	52731
Revised Code;	52732

(10) Inspection procedures;

52733

(11) Procedures and standards for setting initial and renewal	52734
license application fees;	52735

(12) Procedures for receiving, recording, and responding to	52736
complaints about centers;	52737

(13) Procedures for enforcing section 5104.04 of the Revised	52738
Code;	52739

(14) A standard requiring the inclusion, on and after July 1,	52740
1987, of a current department of job and family services toll-free	52741
telephone number on each center provisional license or license	52742
which any person may use to report a suspected violation by the	52743
center of this chapter or rules adopted pursuant to this chapter;	52744

(15) Requirements for the training of administrators and	52745
child-care staff members in first aid, in prevention, recognition,	52746
and management of communicable diseases, and in child abuse	52747
recognition and prevention. Training requirements for child	52748
day-care centers adopted under this division shall be consistent	52749
with divisions (B)(6) and (C)(1) of this section.	52750

(16) Procedures to be used by licensees for checking the	52751
references of potential employees of centers and procedures to be	52752
used by the director for checking the references of applicants for	52753
licenses to operate centers;	52754

(17) Standards providing for the special needs of children	52755
who are handicapped or who require treatment for health conditions	52756
while the child is receiving child day-care or publicly funded	52757
child day-care in the center;	52758

(18) Any other procedures and standards necessary to carry	52759
out this chapter.	52760

(B)(1) The child day-care center shall have, for each child	52761
for whom the center is licensed, at least thirty-five square feet	52762
of usable indoor floor space wall-to-wall regularly available for	52763
the child day-care operation exclusive of any parts of the	52764
structure in which the care of children is prohibited by law or by	52765
rules adopted by the board of building standards. The minimum of	52766
thirty-five square feet of usable indoor floor space shall not	52767
include hallways, kitchens, storage areas, or any other areas that	52768
are not available for the care of children, as determined by the	52769
director, in meeting the space requirement of this division, and	52770
bathrooms shall be counted in determining square footage only if	52771
they are used exclusively by children enrolled in the center,	52772
except that the exclusion of hallways, kitchens, storage areas,	52773
bathrooms not used exclusively by children enrolled in the center,	52774
and any other areas not available for the care of children from	52775
the minimum of thirty-five square feet of usable indoor floor	52776
space shall not apply to:	52777

(a) Centers licensed prior to or on September 1, 1986, that	52778
continue under licensure after that date;	52779

(b) Centers licensed prior to or on September 1, 1986, that	52780
are issued a new license after that date solely due to a change of	52781
ownership of the center.	52782

(2) The child day-care center shall have on the site a safe	52783
outdoor play space which is enclosed by a fence or otherwise	52784
protected from traffic or other hazards. The play space shall	52785
contain not less than sixty square feet per child using such space	52786
at any one time, and shall provide an opportunity for supervised	52787
outdoor play each day in suitable weather. The director may exempt	52788
a center from the requirement of this division, if an outdoor play	52789
space is not available and if all of the following are met:	52790

(a) The center provides an indoor recreation area that has	52791
not less than sixty square feet per child using the space at any	52792
one time, that has a minimum of one thousand four hundred forty	52793
square feet of space, and that is separate from the indoor space	52794
required under division (B)(1) of this section.	52795

(b) The director has determined that there is regularly	52796
available and scheduled for use a conveniently accessible and safe	52797
park, playground, or similar outdoor play area for play or	52798
recreation.	52799

(c) The children are closely supervised during play and while	52800
traveling to and from the area.	52801

The director also shall exempt from the requirement of this	52802
division a child day-care center that was licensed prior to	52803
September 1, 1986, if the center received approval from the	52804
director prior to September 1, 1986, to use a park, playground, or	52805
similar area, not connected with the center, for play or	52806
recreation in lieu of the outdoor space requirements of this	52807
section and if the children are closely supervised both during	52808
play and while traveling to and from the area and except if the	52809
director determines upon investigation and inspection pursuant to	52810
section 5104.04 of the Revised Code and rules adopted pursuant to	52811
that section that the park, playground, or similar area, as well	52812
as access to and from the area, is unsafe for the children.	52813

(3) The child day-care center shall have at least two	52814
responsible adults available on the premises at all times when	52815
seven or more children are in the center. The center shall	52816
organize the children in the center in small groups, shall provide	52817
child-care staff to give continuity of care and supervision to the	52818
children on a day-by-day basis, and shall ensure that no child is	52819
left alone or unsupervised. Except as otherwise provided in	52820
division (E) of this section, the maximum number of children per	52821
child-care staff member and maximum group size, by age category of	52822
children, are as follows:	52823

Except as otherwise provided in division (E) of this section,	52865
the maximum number of children per child-care staff member and	52866
maximum group size requirements of the younger age group shall	52867
apply when age groups are combined.	52868

(4)(a) The child day-care center administrator shall show the	52869
director both of the following:	52870

(i) Evidence of at least high school graduation or	52871
certification of high school equivalency by the state board of	52872
education or the appropriate agency of another state;	52873

(ii) Evidence of having completed at least two years of	52874
training in an accredited college, university, or technical	52875
college, including courses in child development or early childhood	52876
education, or at least two years of experience in supervising and	52877
giving daily care to children attending an organized group	52878
program.	52879

(b) In addition to the requirements of division (B)(4)(a) of	52880
this section, any administrator employed or designated on or after	52881
September 1, 1986, shall show evidence of, and any administrator	52882
employed or designated prior to September 1, 1986, shall show	52883
evidence within six years after such date of, at least one of the	52884
following:	52885

(i) Two years of experience working as a child-care staff	52886
member in a center and at least four courses in child development	52887
or early childhood education from an accredited college,	52888
university, or technical college, except that a person who has two	52889
years of experience working as a child-care staff member in a	52890
particular center and who has been promoted to or designated as	52891
administrator of that center shall have one year from the time the	52892
person was promoted to or designated as administrator to complete	52893
the required four courses;	52894

(ii) Two years of training, including at least four courses	52895
in child development or early childhood education from an	52896
accredited college, university, or technical college;	52897

(iii) A child development associate credential issued by the	52898
national child development associate credentialing commission;	52899

(iv) An associate or higher degree in child development or	52900
early childhood education from an accredited college, technical	52901
college, or university, or a license designated for teaching in an	52902
associate teaching position in a preschool setting issued by the	52903
state board of education.	52904

(5) All child-care staff members of a child day-care center	52905
shall be at least eighteen years of age, and shall furnish the	52906
director evidence of at least high school graduation or	52907
certification of high school equivalency by the state board of	52908
education or the appropriate agency of another state or evidence	52909
of completion of a training program approved by the department of	52910
job and family services or state board of education, except as	52911
follows:	52912

(a) A child-care staff member may be less than eighteen years	52913
of age if the staff member is either of the following:	52914

(i) A graduate of a two-year vocational child-care training	52915
program approved by the state board of education;	52916

(ii) A student enrolled in the second year of a vocational	52917
child-care training program approved by the state board of	52918
education which leads to high school graduation, provided that the	52919
student performs the student's duties in the child day-care center	52920
under the continuous supervision of an experienced child-care	52921
staff member, receives periodic supervision from the vocational	52922
child-care training program teacher-coordinator in the student's	52923
high school, and meets all other requirements of this chapter and	52924
rules adopted pursuant to this chapter.	52925

(b) A child-care staff member shall be exempt from the	52926
educational requirements of this division if the staff member:	52927

(i) Prior to January 1, 1972, was employed or designated by a	52928
child day-care center and has been continuously employed since	52929
either by the same child day-care center employer or at the same	52930
child day-care center; or	52931

(ii) Is a student enrolled in the second year of a vocational	52932
child-care training program approved by the state board of	52933
education which leads to high school graduation, provided that the	52934
student performs the student's duties in the child day-care center	52935
under the continuous supervision of an experienced child-care	52936
staff member, receives periodic supervision from the vocational	52937
child-care training program teacher-coordinator in the student's	52938
high school, and meets all other requirements of this chapter and	52939
rules adopted pursuant to this chapter.	52940

(6) Every child day-care staff member of a child day-care	52941
center annually shall complete fifteen hours of inservice training	52942
in child development or early childhood education, child abuse	52943
recognition and prevention, first aid, and in prevention,	52944
recognition, and management of communicable diseases, until a	52945
total of forty-five hours of training has been completed, unless	52946
the staff member furnishes one of the following to the director:	52947

(a) Evidence of an associate or higher degree in child	52948
development or early childhood education from an accredited	52949
college, university, or technical college;	52950

(b) A license designated for teaching in an associate	52951
teaching position in a preschool setting issued by the state board	52952
of education;	52953

(c) Evidence of a child development associate credential;

52954

(d) Evidence of a preprimary credential from the American	52955
Montessori society or the association Montessori international.	52956
For the purposes of division (B)(6) of this section, "hour" means	52957
sixty minutes.	52958

(7) The administrator of each child day-care center shall	52959
prepare at least once annually and for each group of children at	52960
the center a roster of names and telephone numbers of parents,	52961
custodians, or guardians of each group of children attending the	52962
center and upon request shall furnish the roster for each group to	52963
the parents, custodians, or guardians of the children in that	52964
group. The administrator may prepare a roster of names and	52965
telephone numbers of all parents, custodians, or guardians of	52966
children attending the center and upon request shall furnish the	52967
roster to the parents, custodians, or guardians of the children	52968
who attend the center. The administrator shall not include in any	52969
roster the name or telephone number of any parent, custodian, or	52970
guardian who requests the administrator not to include the	52971
parent's, custodian's, or guardian's name or number and shall not	52972
furnish any roster to any person other than a parent, custodian,	52973
or guardian of a child who attends the center.	52974

(C)(1) Each child day-care center shall have on the center	52975
premises and readily available at all times at least one	52976
child-care staff member who has completed a course in first aid	52977
and in prevention, recognition, and management of communicable	52978
diseases which is approved by the state department of health and a	52979
staff member who has completed a course in child abuse recognition	52980
and prevention training which is approved by the department of job	52981
and family services.	52982

(2) The administrator of each child day-care center shall	52983
maintain enrollment, health, and attendance records for all	52984
children attending the center and health and employment records	52985
for all center employees. The records shall be confidential,	52986
except as otherwise provided in division (B)(7) of this section	52987
and except that they shall be disclosed by the administrator to	52988
the director upon request for the purpose of administering and	52989
enforcing this chapter and rules adopted pursuant to this chapter.	52990
Neither the center nor the licensee, administrator, or employees	52991
of the center shall be civilly or criminally liable in damages or	52992
otherwise for records disclosed to the director by the	52993
administrator pursuant to this division. It shall be a defense to	52994
any civil or criminal charge based upon records disclosed by the	52995
administrator to the director that the records were disclosed	52996
pursuant to this division.	52997

(3)(a) Any parent who is the residential parent and legal	52998
custodian of a child enrolled in a child day-care center and any	52999
custodian or guardian of such a child shall be permitted unlimited	53000
access to the center during its hours of operation for the	53001
purposes of contacting their children, evaluating the care	53002
provided by the center, evaluating the premises of the center, or	53003
for other purposes approved by the director. A parent of a child	53004
enrolled in a child day-care center who is not the child's	53005
residential parent shall be permitted unlimited access to the	53006
center during its hours of operation for those purposes under the	53007
same terms and conditions under which the residential parent of	53008
that child is permitted access to the center for those purposes.	53009
However, the access of the parent who is not the residential	53010
parent is subject to any agreement between the parents and, to the	53011
extent described in division (C)(3)(b) of this section, is subject	53012
to any terms and conditions limiting the right of access of the	53013
parent who is not the residential parent, as described in division	53014
(I) of section 3109.051 of the Revised Code, that are contained in	53015
a parenting time order or decree issued under that section,	53016
section 3109.12 of the Revised Code, or any other provision of the	53017
Revised Code.	53018

(b) If a parent who is the residential parent of a child has	53019
presented the administrator or the administrator's designee with a	53020
copy of a parenting time order that limits the terms and	53021
conditions under which the parent who is not the residential	53022
parent is to have access to the center, as described in division	53023
(I) of section 3109.051 of the Revised Code, the parent who is not	53024
the residential parent shall be provided access to the center only	53025
to the extent authorized in the order. If the residential parent	53026
has presented such an order, the parent who is not the residential	53027
parent shall be permitted access to the center only in accordance	53028
with the most recent order that has been presented to the	53029
administrator or the administrator's designee by the residential	53030
parent or the parent who is not the residential parent.	53031

(c) Upon entering the premises pursuant to division (C)(3)(a)	53032
or (b) of this section, the parent who is the residential parent	53033
and legal custodian, the parent who is not the residential parent,	53034
or the custodian or guardian shall notify the administrator or the	53035
administrator's designee of the parent's, custodian's, or	53036
guardian's presence.	53037

(D) The director of job and family services, in addition to	53038
the rules adopted under division (A) of this section, shall adopt	53039
rules establishing minimum requirements for child day-care	53040
centers. The rules shall include, but not be limited to, the	53041
requirements set forth in divisions (B) and (C) of this section.	53042
Except as provided in section 5104.07 of the Revised Code, the	53043
rules shall not change the square footage requirements of division	53044
(B)(1) or (2) of this section; the maximum number of children per	53045
child-care staff member and maximum group size requirements of	53046
division (B)(3) of this section; the educational and experience	53047
requirements of division (B)(4) of this section; the age,	53048
educational, and experience requirements of division (B)(5) of	53049
this section; the number of inservice training hours required	53050
under division (B)(6) of this section; or the requirement for at	53051
least annual preparation of a roster for each group of children of	53052
names and telephone numbers of parents, custodians, or guardians	53053
of each group of children attending the center that must be	53054
furnished upon request to any parent, custodian, or guardian of	53055
any child in that group required under division (B)(7) of this	53056
section; however, the rules shall provide procedures for	53057
determining compliance with those requirements.	53058

(E)(1) When age groups are combined, the maximum number of	53059
children per child-care staff member shall be determined by the	53060
age of the youngest child in the group, except that when no more	53061
than one child thirty months of age or older receives services in	53062
a group in which all the other children are in the next older age	53063
group, the maximum number of children per child-care staff member	53064
and maximum group size requirements of the older age group	53065
established under division (B)(3) of this section shall apply.	53066

(2) The maximum number of toddlers or preschool children per	53067
child-care staff member in a room where children are napping shall	53068
be twice the maximum number of children per child-care staff	53069
member established under division (B)(3) of this section if all	53070
the following criteria are met:	53071

(a) At least one child-care staff member is present in the	53072
room.	53073

(b) Sufficient child-care staff members are on the child	53074
day-care center premises to meet the maximum number of children	53075
per child-care staff member requirements established under	53076
division (B)(3) of this section.	53077

(c) Naptime preparations are complete and all napping	53078
children are resting or sleeping on cots.	53079

(d) The maximum number established under division (E)(2) of	53080
this section is in effect for no more than one and one-half hours	53081
during a twenty-four-hour day.	53082

(F) The director of job and family services shall adopt rules	53083
pursuant to Chapter 119. of the Revised Code governing the	53084
operation of type A family day-care homes, including, but not	53085
limited to, parent cooperative type A homes, part-time type A	53086
homes, drop-in type A homes, and school child type A homes, which	53087
shall reflect the various forms of child day-care and the needs of	53088
children receiving child day-care. The rules shall include the	53089
following:	53090

(1) Submission of a site plan and descriptive plan of	53091
operation to demonstrate how the type A home proposes to meet the	53092
requirements of this chapter and rules adopted pursuant to this	53093
chapter for the initial license application;	53094

(2) Standards for ensuring that the physical surroundings of	53095
the type A home are safe and sanitary, including, but not limited	53096
to, the physical environment, the physical plant, and the	53097
equipment of the type A home;	53098

(3) Standards for the supervision, care, and discipline of	53099
children receiving child day-care or publicly funded child	53100
day-care in the type A home;	53101

(4) Standards for a program of activities, and for play	53102
equipment, materials, and supplies, to enhance the development of	53103
each child; however, any educational curricula, philosophies, and	53104
methodologies that are developmentally appropriate and that	53105
enhance the social, emotional, intellectual, and physical	53106
development of each child shall be permissible;	53107

(5) Admissions policies and procedures, health care policies	53108
and procedures, including, but not limited to, procedures for the	53109
isolation of children with communicable diseases, first aid and	53110
emergency procedures, procedures for discipline and supervision of	53111
children, standards for the provision of nutritious meals and	53112
snacks, and procedures for screening children and employees,	53113
including, but not limited to, any necessary physical examinations	53114
and immunizations;	53115

(6) Methods for encouraging parental participation in the	53116
type A home and methods for ensuring that the rights of children,	53117
parents, and employees are protected and that the responsibilities	53118
of parents and employees are met;	53119

(7) Procedures for ensuring the safety and adequate	53120
supervision of children traveling off the premises of the type A	53121
home while under the care of a type A home employee;	53122

(8) Procedures for record keeping, organization, and	53123
administration;	53124

(9) Procedures for issuing, renewing, denying, and revoking a	53125
license that are not otherwise provided for in Chapter 119. of the	53126
Revised Code;	53127

(10) Inspection procedures;

53128

(11) Procedures and standards for setting initial and renewal	53129
license application fees;	53130

(12) Procedures for receiving, recording, and responding to	53131
complaints about type A homes;	53132

(13) Procedures for enforcing section 5104.04 of the Revised	53133
Code;	53134

(14) A standard requiring the inclusion, on or after July 1,	53135
1987, of a current department of job and family services toll-free	53136
telephone number on each type A home provisional license or	53137
license which any person may use to report a suspected violation	53138
by the type A home of this chapter or rules adopted pursuant this	53139
chapter;	53140

(15) Requirements for the training of administrators and	53141
child-care staff members in first aid, in prevention, recognition,	53142
and management of communicable diseases, and in child abuse	53143
recognition and prevention;	53144

(16) Procedures to be used by licensees for checking the	53145
references of potential employees of type A homes and procedures	53146
to be used by the director for checking the references of	53147
applicants for licenses to operate type A homes;	53148

(17) Standards providing for the special needs of children	53149
who are handicapped or who require treatment for health conditions	53150
while the child is receiving child day-care or publicly funded	53151
child day-care in the type A home;	53152

(18) Standards for the maximum number of children per	53153
child-care staff member;	53154

(19) Requirements for the amount of usable indoor floor space	53155
for each child;	53156

(20) Requirements for safe outdoor play space;

53157

(21) Qualifications and training requirements for	53158
administrators and for child-care staff members;	53159

(22) Procedures for granting a parent who is the residential	53160
parent and legal custodian, or a custodian or guardian access to	53161
the type A home during its hours of operation;	53162

(23) Standards for the preparation and distribution of a	53163
roster of parents, custodians, and guardians;	53164

(24) Any other procedures and standards necessary to carry	53165
out this chapter.	53166

(G) The director of job and family services shall adopt rules	53167
pursuant to Chapter 119. of the Revised Code governing the	53168
certification of type B family day-care homes.	53169

(1) The rules shall include procedures, standards, and other	53170
necessary provisions for granting limited certification to type B	53171
family day-care homes that are operated by the following adult	53172
providers:	53173

(a) Persons who provide child day-care for eligible children	53174
who are great-grandchildren, grandchildren, nieces, nephews, or	53175
siblings of the provider or for eligible children whose caretaker	53176
parent is a grandchild, child, niece, nephew, or sibling of the	53177
provider;	53178

(b) Persons who provide child day-care for eligible children	53179
all of whom are the children of the same caretaker parent.	53180

The rules shall require, and shall include procedures for the	53181
director to ensure, that type B family day-care homes that receive	53182
a limited certification provide child day-care to children in a	53183
safe and sanitary manner. With regard to providers who apply for	53184
limited certification, a provider shall be granted a provisional	53185
limited certification on signing a declaration under oath	53186
attesting that the provider meets the standards for limited	53187
certification. Such provisional limited certifications shall	53188
remain in effect for no more than sixty calendar days and shall	53189
entitle the provider to offer publicly funded child day-care	53190
during the provisional period. Except as otherwise provided in	53191
division (G)(1) of this section, prior to the expiration of the	53192
provisional limited certificate, a county department of job and	53193
family services shall inspect the home and shall grant limited	53194
certification to the provider if the provider meets the	53195
requirements of this division. Limited certificates remain valid	53196
for two years unless earlier revoked. Except as otherwise provided	53197
in division (G)(1) of this section, providers operating under	53198
limited certification shall be inspected annually.	53199

If a provider is a person described in division (G)(1)(a) of	53200
this section or a person described in division (G)(1)(b) of this	53201
section who is a friend of the caretaker parent, the provider and	53202
the caretaker parent may verify in writing to the county	53203
department of job and family services that minimum health and	53204
safety requirements are being met in the home. If such	53205
verification is provided, the county shall waive any inspection	53206
and any criminal records check required by this chapter and grant	53207
limited certification to the provider.	53208

(2) The rules shall provide for safeguarding the health,	53209
safety, and welfare of children receiving child day-care or	53210
publicly funded child day-care in a certified type B home and	53211
shall include the following:	53212

(a) Standards for ensuring that the type B home and the	53213
physical surroundings of the type B home are safe and sanitary,	53214
including, but not limited to, physical environment, physical	53215
plant, and equipment;	53216

(b) Standards for the supervision, care, and discipline of	53217
children receiving child day-care or publicly funded child	53218
day-care in the home;	53219

(c) Standards for a program of activities, and for play	53220
equipment, materials, and supplies to enhance the development of	53221
each child; however, any educational curricula, philosophies, and	53222
methodologies that are developmentally appropriate and that	53223
enhance the social, emotional, intellectual, and physical	53224
development of each child shall be permissible;	53225

(d) Admission policies and procedures, health care, first aid	53226
and emergency procedures, procedures for the care of sick	53227
children, procedures for discipline and supervision of children,	53228
nutritional standards, and procedures for screening children and	53229
authorized providers, including, but not limited to, any necessary	53230
physical examinations and immunizations;	53231

(e) Methods of encouraging parental participation and	53232
ensuring that the rights of children, parents, and authorized	53233
providers are protected and the responsibilities of parents and	53234
authorized providers are met;	53235

(f) Standards for the safe transport of children when under	53236
the care of authorized providers;	53237

(g) Procedures for issuing, renewing, denying, refusing to	53238
renew, or revoking certificates;	53239

(h) Procedures for the inspection of type B family day-care	53240
homes that require, at a minimum, that each type B family day-care	53241
home be inspected prior to certification to ensure that the home	53242
is safe and sanitary;	53243

(i) Procedures for record keeping and evaluation;

53244

(j) Procedures for receiving, recording, and responding to	53245
complaints;	53246

(k) Standards providing for the special needs of children who	53247
are handicapped or who receive treatment for health conditions	53248
while the child is receiving child day-care or publicly funded	53249
child day-care in the type B home;	53250

(l) Requirements for the amount of usable indoor floor space	53251
for each child;	53252

(m) Requirements for safe outdoor play space;

53253

(n) Qualification and training requirements for authorized	53254
providers;	53255

(o) Procedures for granting a parent who is the residential	53256
parent and legal custodian, or a custodian or guardian access to	53257
the type B home during its hours of operation;	53258

(p) Any other procedures and standards necessary to carry out	53259
this chapter.	53260

(H) The director shall adopt rules pursuant to Chapter 119.	53261
of the Revised Code governing the certification of in-home aides.	53262
The rules shall include procedures, standards, and other necessary	53263
provisions for granting limited certification to in-home aides who	53264
provide child day-care for eligible children who are	53265
great-grandchildren, grandchildren, nieces, nephews, or siblings	53266
of the in-home aide or for eligible children whose caretaker	53267
parent is a grandchild, child, niece, nephew, or sibling of the	53268
in-home aide. The rules shall require, and shall include	53269
procedures for the director to ensure, that in-home aides that	53270
receive a limited certification provide child day-care to children	53271
in a safe and sanitary manner. The rules shall provide for	53272
safeguarding the health, safety, and welfare of children receiving	53273
publicly funded child day-care in their own home and shall include	53274
the following:	53275

(1) Standards for ensuring that the child's home and the	53276
physical surroundings of the child's home are safe and sanitary,	53277
including, but not limited to, physical environment, physical	53278
plant, and equipment;	53279

(2) Standards for the supervision, care, and discipline of	53280
children receiving publicly funded child day-care in their own	53281
home;	53282

(3) Standards for a program of activities, and for play	53283
equipment, materials, and supplies to enhance the development of	53284
each child; however, any educational curricula, philosophies, and	53285
methodologies that are developmentally appropriate and that	53286
enhance the social, emotional, intellectual, and physical	53287
development of each child shall be permissible;	53288

(4) Health care, first aid, and emergency procedures,	53289
procedures for the care of sick children, procedures for	53290
discipline and supervision of children, nutritional standards, and	53291
procedures for screening children and in-home aides, including,	53292
but not limited to, any necessary physical examinations and	53293
immunizations;	53294

(5) Methods of encouraging parental participation and	53295
ensuring that the rights of children, parents, and in-home aides	53296
are protected and the responsibilities of parents and in-home	53297
aides are met;	53298

(6) Standards for the safe transport of children when under	53299
the care of in-home aides;	53300

(7) Procedures for issuing, renewing, denying, refusing to	53301
renew, or revoking certificates;	53302

(8) Procedures for inspection of homes of children receiving	53303
publicly funded child day-care in their own homes;	53304

(9) Procedures for record keeping and evaluation;

53305

(10) Procedures for receiving, recording, and responding to	53306
complaints;	53307

(11) Qualifications and training requirements for in-home	53308
aides;	53309

(12) Standards providing for the special needs of children	53310
who are handicapped or who receive treatment for health conditions	53311
while the child is receiving publicly funded child day-care in the	53312
child's own home;	53313

(13) Any other procedures and standards necessary to carry	53314
out this chapter.	53315

(I) To the extent that any rules adopted for the purposes of	53316
this section require a health care professional to perform a	53317
physical examination, the rules shall include as a health care	53318
professional a physician assistant, a clinical nurse specialist, a	53319
certified nurse practitioner, or a certified nurse-midwife.	53320

(J)(1) The director of job and family services shall send	53321
copiesdo all of the following:	53322

(a) Send to each licensee notice of proposed rules to each	53323
licensee and each county director of job and family services and	53324
shall givegoverning the licensure of child day-care centers and	53325
type A homes;	53326

(b) Give public notice of hearings regarding the rules to	53327
each licensee and each county director of job and family services	53328
at least thirty days prior to the date of the public hearing, in	53329
accordance with section 119.03 of the Revised Code.;	53330

(c) Prior to the effective date of a rule, the director of	53331
job and family services shall provide copies, in either paper or	53332
electronic form, a copy of the adopted rule to each licensee and	53333
each county director of job and family services.	53334

(2) The director shall do all of the following:

53335

(a) Send to each county director of job and family services a	53336
notice of proposed rules governing the certification of type B	53337
family homes and in-home aides that includes an internet web site	53338
address where the proposed rules can be viewed;	53339

(b) Give public notice of hearings regarding the proposed	53340
rules not less than thirty days in advance;	53341

(c) Provide to each county director of job and family	53342
services an electronic copy of each adopted rule prior to the	53343
rule's effective date.	53344

(3) The county director of job and family services shall send	53345
copies of proposed rules to each authorized provider and in-home	53346
aide and shall give public notice of hearings regarding the rules	53347
to each authorized provider and in-home aide at least thirty days	53348
prior to the date of the public hearing, in accordance with	53349
section 119.03 of the Revised Code. Prior to the effective date of	53350
a rule, the county director of job and family services shall	53351
provide copies of the adopted rule to each authorized provider and	53352
in-home aide.	53353

(4) Additional copies of proposed and adopted rules shall be	53354
made available by the director of job and family services to the	53355
public on request at no charge.	53356

(K) The director of job and family services shall review all	53357
rules adopted pursuant to this chapter at least once every seven	53358
years.	53359

(L) Notwithstanding any provision of the Revised Code, the	53360
director of job and family services shall not regulate in any way	53361
under this chapter or rules adopted pursuant to this chapter,	53362
instruction in religious or moral doctrines, beliefs, or values.	53363

Sec. 5104.02.  (A) The director of job and family services is	53364
responsible for the licensing of child day-care centers and type A	53365
family day-care homes, and for the enforcement of this chapter and	53366
of rules promulgated pursuant to this chapter. No person, firm,	53367
organization, institution, or agency shall operate, establish,	53368
manage, conduct, or maintain a child day-care center or type A	53369
family day-care home without a license issued under section	53370
5104.03 of the Revised Code. The current license shall be posted	53371
in a conspicuous place in the center or type A home that is	53372
accessible to parents, custodians, or guardians and employees of	53373
the center or type A home at all times when the center or type A	53374
home is in operation.	53375

(B) A person, firm, institution, organization, or agency	53376
operating any of the following programs is exempt from the	53377
requirements of this chapter:	53378

(1) A program of child day-care that operates for two or less	53379
consecutive weeks;	53380

(2) Child day-care in places of worship during religious	53381
activities during which children are cared for while at least one	53382
parent, guardian, or custodian of each child is participating in	53383
such activities and is readily available;	53384

(3) Religious activities which do not provide child day-care;

53385

(4) Supervised training, instruction, or activities of	53386
children in specific areas, including, but not limited to: art;	53387
drama; dance; music; gymnastics, swimming, or another athletic	53388
skill or sport; computers; or an educational subject conducted on	53389
an organized or periodic basis no more than one day a week and for	53390
no more than six hours duration;	53391

(5) Programs in which the director determines that at least	53392
one parent, custodian, or guardian of each child is on the	53393
premises of the facility offering child day-care and is readily	53394
accessible at all times, except that child day-care provided on	53395
the premises at which a parent, custodian, or guardian is employed	53396
more than two and one-half hours a day shall be licensed in	53397
accordance with division (A) of this section;	53398

(6)(a) Programs that provide child day-care funded and	53399
regulated or operated and regulated by state departments other	53400
than the department of job and family services or the state board	53401
of education when the director of job and family services has	53402
determined that the rules governing the program are equivalent to	53403
or exceed the rules promulgated pursuant to this chapter.	53404

Notwithstanding any exemption from regulation under this	53405
chapter, each state department shall submit to the director of job	53406
and family services a copy of the rules that govern programs that	53407
provide child day-care and are regulated or operated and regulated	53408
by the department. Annually, each state department shall submit to	53409
the director a report for each such program it regulates or	53410
operates and regulates that includes the following information:	53411

(i) The site location of the program;

53412

(ii) The maximum number of infants, toddlers, preschool	53413
children, or school children served by the program at one time;	53414

(iii) The number of adults providing child day-care for the	53415
number of infants, toddlers, preschool children, or school	53416
children;	53417

(iv) Any changes in the rules made subsequent to the time	53418
when the rules were initially submitted to the director.	53419

The director shall maintain a record of the child day-care	53420
information submitted by other state departments and shall provide	53421
this information upon request to the general assembly or the	53422
public.	53423

(b) Child day-care programs conducted by boards of education	53424
or by chartered nonpublic schools that are conducted in school	53425
buildings and that provide child day-care to school children only	53426
shall be exempt from meeting or exceeding rules promulgated	53427
pursuant to this chapter.	53428

(7) Any preschool program or school child program, except a	53429
head start program, that is subject to licensure by the department	53430
of education under sections 3301.52 to 3301.59 of the Revised	53431
Code.	53432

(8) Any program providing child day-care that meets all of	53433
the following requirements and, on October 20, 1987, was being	53434
operated by a nonpublic school that holds a charter issued by the	53435
state board of education for kindergarten only:	53436

(a) The nonpublic school has given the notice to the state	53437
board and the director of job and family services required by	53438
Section 4 of Substitute House Bill No. 253 of the 117th general	53439
assembly;	53440

(b) The nonpublic school continues to be chartered by the	53441
state board for kindergarten, or receives and continues to hold a	53442
charter from the state board for kindergarten through grade five;	53443

(c) The program is conducted in a school building;

53444

(d) The program is operated in accordance with rules	53445
promulgated by the state board under sections 3301.52 to 3301.57	53446
of the Revised Code.	53447

(9) A youth development program operated outside of school	53448
hours by a community-based center to which all of the following	53449
apply:	53450

(a) The children enrolled in the program are under nineteen	53451
years of age and enrolled in or eligible to be enrolled in a grade	53452
of kindergarten or above.	53453

(b) The program provides informal child care and at least two	53454
of the following supervised activities: educational, recreational,	53455
culturally enriching, social, and personal development activities.	53456

(c) The state board of education has approved the program's	53457
participation in the child and adult care food program as an	53458
outside-school-hours care center pursuant to standards established	53459
under section 3313.813 of the Revised Code.	53460

(d) The community-based center operating the program is	53461
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	53462
and (c)(3).	53463

Sec. 5104.04.  (A) The department of job and family services	53464
shall establish procedures to be followed in investigating,	53465
inspecting, and licensing child day-care centers and type A family	53466
day-care homes.	53467

(B)(1) The department shall, at least twice during every	53468
twelve-month period of operation of a center or type A home,	53469
inspect the center or type A home. The department shall inspect a	53470
part-time center or part-time type A home at least once during	53471
every twelve-month period of operation. The department shall	53472
provide a written inspection report to the licensee within a	53473
reasonable time after each inspection. The licensee shall display	53474
all written reports of inspections conducted during the current	53475
licensing period in a conspicuous place in the center or type A	53476
home.	53477

At least one inspection shall be unannounced and all	53478
inspections may be unannounced. No person, firm, organization,	53479
institution, or agency shall interfere with the inspection of a	53480
center or type A home by any state or local official engaged in	53481
performing duties required of the state or local official by	53482
Chapter 5104. of the Revised Code or rules adopted pursuant to	53483
Chapter 5104. of the Revised Code, including inspecting the center	53484
or type A home, reviewing records, or interviewing licensees,	53485
employees, children, or parents.	53486

Upon receipt of any complaint that a center or type A home is	53487
out of compliance with the requirements of Chapter 5104. of the	53488
Revised Code or rules adopted pursuant to Chapter 5104. of the	53489
Revised Code, the department shall investigate and may inspect a	53490
center or type A home.	53491

(2) If the department implements an instrument-based program	53492
monitoring information system, it may use an indicator checklist	53493
to comply with division (B)(1) of this section.	53494

(3) The department shall, at least once during every	53495
twelve-month period of operation of a center or type A home,	53496
collect information concerning the amounts charged by the center	53497
or home for providing child day-care services for use in	53498
establishing rates of reimbursement and payment pursuant to	53499
section 5104.30 of the Revised Code.	53500

(C) In the event a licensed center or type A home is	53501
determined to be out of compliance with the requirements of	53502
Chapter 5104. of the Revised Code or rules adopted pursuant to	53503
Chapter 5104. of the Revised Code, the department shall notify the	53504
licensee of the center or type A home in writing regarding the	53505
nature of the violation, what must be done to correct the	53506
violation, and by what date the correction must be made. If the	53507
correction is not made by the date established by the department,	53508
the department may commence action under Chapter 119. of the	53509
Revised Code to revoke the license.	53510

(D) The department may deny or revoke a license, or refuse to	53511
renew a license of a center or type A home, if the applicant	53512
knowingly makes a false statement on the application, does not	53513
comply with the requirements of Chapter 5104. or rules adopted	53514
pursuant to Chapter 5104. of the Revised Code, or has pleaded	53515
guilty to or been convicted of an offense described in section	53516
5104.09 of the Revised Code.	53517

(E) If the department finds, after notice and hearing	53518
pursuant to Chapter 119. of the Revised Code, that any person,	53519
firm, organization, institution, or agency licensed under section	53520
5104.03 of the Revised Code is in violation of any provision of	53521
Chapter 5104. of the Revised Code or rules adopted pursuant to	53522
Chapter 5104. of the Revised Code, the department may issue an	53523
order of revocation to the center or type A home revoking the	53524
license previously issued by the department. Upon the issuance of	53525
any order of revocation, the person whose license is revoked may	53526
appeal in accordance with section 119.12 of the Revised Code.	53527

(F) The surrender of a center or type A home license to the	53528
department or the withdrawal of an application for licensure by	53529
the owner or administrator of the center or type A home shall not	53530
prohibit the department from instituting any of the actions set	53531
forth in this section.	53532

(G) Whenever the department receives a complaint, is advised,	53533
or otherwise has any reason to believe that a center or type A	53534
home is providing child day-care without a license issued or	53535
renewed pursuant to section 5104.03 and is not exempt from	53536
licensing pursuant to section 5104.02 of the Revised Code, the	53537
department shall investigate the center or type A home and may	53538
inspect the areas children have access to or areas necessary for	53539
the care of children in the center or type A home during suspected	53540
hours of operation to determine whether the center or type A home	53541
is subject to the requirements of Chapter 5104. or rules adopted	53542
pursuant to Chapter 5104. of the Revised Code.	53543

(H) The department, upon determining that the center or type	53544
A home is operating without a license, shall notify the attorney	53545
general, the prosecuting attorney of the county in which the	53546
center or type A home is located, or the city attorney, village	53547
solicitor, or other chief legal officer of the municipal	53548
corporation in which the center or type A home is located, that	53549
the center or type A home is operating without a license. Upon	53550
receipt of the notification, the attorney general, prosecuting	53551
attorney, city attorney, village solicitor, or other chief legal	53552
officer of a municipal corporation shall file a complaint in the	53553
court of common pleas of the county in which the center or type A	53554
home is located requesting that the court grant an order enjoining	53555
the owner from operating the center or type A home. The court	53556
shall grant such injunctive relief upon a showing that the	53557
respondent named in the complaint is operating a center or type A	53558
home and is doing so without a license.	53559

(I) The department shall prepare an annual report on	53560
inspections conducted under this section. The report shall include	53561
the number of inspections conducted, the number and types of	53562
violations found, and the steps taken to address the violations.	53563
The department shall file the report with the governor, the	53564
president and minority leader of the senate, and the speaker and	53565
minority leader of the house of representatives on or before the	53566
first day of January of each year, beginning in 1999.	53567

Sec. 5104.30.  (A) The department of job and family services	53568
is hereby designated as the state agency responsible for	53569
administration and coordination of federal and state funding for	53570
publicly funded child day-care in this state. Publicly funded	53571
child day-care shall be provided to the following:	53572

(1) Recipients of transitional child day-care as provided	53573
under section 5104.34 of the Revised Code;	53574

(2) Participants in the Ohio works first program established	53575
under Chapter 5107. of the Revised Code;	53576

(3) Individuals who would be participating in the Ohio works	53577
first program if not for a sanction under section 5107.16 of the	53578
Revised Code and who continue to participate in a work activity,	53579
developmental activity, or alternative work activity pursuant to	53580
an assignment under section 5107.42 of the Revised Code;	53581

(4) A family receiving publicly funded child day-care on	53582
October 1, 1997, until the family's income reaches one hundred	53583
fifty per cent of the federal poverty line;	53584

(5) Subject to available funds, other individuals determined	53585
eligible in accordance with rules adopted under section 5104.38 of	53586
the Revised Code.	53587

The department shall apply to the United States department of	53588
health and human services for authority to operate a coordinated	53589
program for publicly funded child day-care, if the director of job	53590
and family services determines that the application is necessary.	53591
For purposes of this section, the department of job and family	53592
services may enter into agreements with other state agencies that	53593
are involved in regulation or funding of child day-care. The	53594
department shall consider the special needs of migrant workers	53595
when it administers and coordinates publicly funded child day-care	53596
and shall develop appropriate procedures for accommodating the	53597
needs of migrant workers for publicly funded child day-care.	53598

(B) The department of job and family services shall	53599
distribute state and federal funds for publicly funded child	53600
day-care, including appropriations of state funds for publicly	53601
funded child day-care and appropriations of federal funds for	53602
publicly funded child day-careavailable under Title XX of the	53603
"Social Security Act," 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as	53604
amended, and the child care block grant act, Title IV-A, and Title	53605
XX. The department may use any state funds appropriated for	53606
publicly funded child day-care as the state share required to	53607
match any federal funds appropriated for publicly funded child	53608
day-care.	53609

(C) The department mayIn the use of federal funds available	53610
under the child care block grant act, all of the following apply:	53611

(1) The department may use the federal funds to hire staff to	53612
prepare any rules required under this chapter and to administer	53613
and coordinate federal and state funding for publicly funded child	53614
day-care.	53615

(2) Not more than five per cent of the aggregate amount of	53616
thosethe federal funds received for a fiscal year may be expended	53617
for administrative costs. The	53618

(3) The department shall allocate and use at least four per	53619
cent of the federal funds for the following:	53620

(1)(a) Activities designed to provide comprehensive consumer	53621
education to parents and the public;	53622

(2)(b) Activities that increase parental choice;

53623

(3)(c) Activities, including child day-care resource and	53624
referral services, designed to improve the quality, and increase	53625
the supply, of child day-care.	53626

(D)(4) The department shall ensure that anythe federal funds	53627
received by the state under the child care block grant act will be	53628
used only to supplement, and will not be used to supplant,	53629
federal, state, and local funds available on the effective date of	53630
thatthe child care block grant act for publicly funded child	53631
day-care and related programs. A county department of job and	53632
family services may purchase child day-care from funds obtained	53633
through any other means.	53634

(E)(D) The department shall encourage the development of	53635
suitable child day-care throughout the state, especially in areas	53636
with high concentrations of recipients of public assistance and	53637
families with low incomes. The department shall encourage the	53638
development of suitable child day-care designed to accommodate the	53639
special needs of migrant workers. On request, the department,	53640
through its employees or contracts with state or community child	53641
day-care resource and referral service organizations, shall	53642
provide consultation to groups and individuals interested in	53643
developing child day-care. The department of job and family	53644
services may enter into interagency agreements with the department	53645
of education, the board of regents, the department of development,	53646
and other state agencies and entities whenever the cooperative	53647
efforts of the other state agencies and entities are necessary for	53648
the department of job and family services to fulfill its duties	53649
and responsibilities under this chapter.	53650

The department may develop and maintain a registry of persons	53651
providing child day-care. The director may adopt rules pursuant to	53652
Chapter 119. of the Revised Code establishing procedures and	53653
requirements for the registry's administration.	53654

(F)(E)(1) The director shall adopt rules in accordance with	53655
Chapter 119. of the Revised Code establishing both of the	53656
following:	53657

(a) Reimbursement ceilings for providers of publicly funded	53658
child day-care;	53659

(b) A procedure for reimbursing and paying providers of	53660
publicly funded child day-care.	53661

(2) In establishing reimbursement ceilings under division	53662
(F)(E)(1)(a) of this section, the director shall do all of the	53663
following:	53664

(a) Use the information obtained under division (B)(3) of	53665
section 5104.04 of the Revised Code;	53666

(b) Establish an enhanced reimbursement ceiling for providers	53667
who provide child day-care for caretaker parents who work	53668
nontraditional hours;	53669

(c) For a type B family day-care home provider that has	53670
received limited certification pursuant to rules adopted under	53671
division (G)(1) of section 5104.011 of the Revised Code, establish	53672
a reimbursement ceiling that is the following:	53673

(i) If the provider is a person described in division	53674
(G)(1)(a) of section 5104.011 of the Revised Code, seventy-five	53675
per cent of the reimbursement ceiling that applies to a type B	53676
family day-care home certified by the same county department of	53677
job and family services pursuant to section 5104.11 of the Revised	53678
Code;	53679

(ii) If the provider is a person described in division	53680
(G)(1)(b) of section 5104.011 of the Revised Code, sixty per cent	53681
of the reimbursement ceiling that applies to a type B family	53682
day-care home certified by the same county department pursuant to	53683
section 5104.11 of the Revised Code.	53684

(3) In establishing reimbursement ceilings under division	53685
(F)(E)(1)(a) of this section, the director may establish different	53686
reimbursement ceilings based on any of the following:	53687

(a) Geographic location of the provider;

53688

(b) Type of care provided;

53689

(c) Age of the child served;

53690

(d) Special needs of the child served;

53691

(e) Whether the expanded hours of service are provided;

53692

(f) Whether weekend service is provided;

53693

(g) Whether the provider has exceeded the minimum	53694
requirements of state statutes and rules governing child day-care;	53695

(h) Any other factors the director considers appropriate.

53696

Sec. 5104.32.  (A) Except as provided in division (C) of this	53697
section, all purchases of publicly funded child day-care shall be	53698
made under a contract entered into by a licensed child day-care	53699
center, licensed type A family day-care home, certified type B	53700
family day-care home, certified in-home aide, approved child day	53701
camp, licensed preschool program, licensed school child program,	53702
or border state child day-care provider and the county department	53703
of job and family services. A county department of job and family	53704
services may enter into a contract with a provider for publicly	53705
funded child day-care for a specified period of time or upon a	53706
continuous basis for an unspecified period of time. All contracts	53707
for publicly funded child day-care shall be contingent upon the	53708
availability of state and federal funds. The department of job and	53709
family services shall prescribe a standard form to be used for all	53710
contracts for the purchase of publicly funded child day-care,	53711
regardless of the source of public funds used to purchase the	53712
child day-care. To the extent permitted by federal law and	53713
notwithstanding any other provision of the Revised Code that	53714
regulates state or county contracts or contracts involving the	53715
expenditure of state, county, or federal funds, all contracts for	53716
publicly funded child day-care shall be entered into in accordance	53717
with the provisions of this chapter and are exempt from any other	53718
provision of the Revised Code that regulates state or county	53719
contracts or contracts involving the expenditure of state, county,	53720
or federal funds.	53721

(B) Each contract for publicly funded child day-care shall	53722
specify at least the following:	53723

(1) That the provider of publicly funded child day-care	53724
agrees to be paid for rendering services at the lowest of the rate	53725
customarily charged by the provider for children enrolled for	53726
child day-care, the reimbursement ceiling or rate of payment	53727
established pursuant to section 5104.30 of the Revised Code, or a	53728
rate the county department negotiates with the provider;	53729

(2) That, if a provider provides child day-care to an	53730
individual potentially eligible for publicly funded child day-care	53731
who is subsequently determined to be eligible, the county	53732
department agrees to pay for all child day-care provided between	53733
the date the county department receives the individual's completed	53734
application and the date the individual's eligibility is	53735
determined;	53736

(3) Whether the county department of job and family services,	53737
the provider, or a child day-care resource and referral service	53738
organization will make eligibility determinations, whether the	53739
provider or a child day-care resource and referral service	53740
organization will be required to collect information to be used by	53741
the county department to make eligibility determinations, and the	53742
time period within which the provider or child day-care resource	53743
and referral service organization is required to complete required	53744
eligibility determinations or to transmit to the county department	53745
any information collected for the purpose of making eligibility	53746
determinations;	53747

(4) That the provider, other than a border state child	53748
day-care provider or except as provided in division (B) of section	53749
3301.37 of the Revised Code, shall continue to be licensed,	53750
approved, or certified pursuant to this chapter or sections	53751
3301.52 to 3301.59 of the Revised Code and shall comply with all	53752
standards and other requirements in this chapter and those	53753
sections and in rules adopted pursuant to this chapter or those	53754
sections for maintaining the provider's license, approval, or	53755
certification;	53756

(5) That, in the case of a border state child day-care	53757
provider, the provider shall continue to be licensed, certified,	53758
or otherwise approved by the state in which the provider is	53759
located and shall comply with all standards and other requirements	53760
established by that state for maintaining the provider's license,	53761
certificate, or other approval;	53762

(6) Whether the provider will be paid by the county	53763
department of job and family services or the state department of	53764
job and family services;	53765

(7) That the contract is subject to the availability of state	53766
and federal funds.	53767

(C) Unless specifically prohibited by federal law, the county	53768
department of job and family services shall give individuals	53769
eligible for publicly funded child day-care the option of	53770
obtaining certificates for payment that the individual may use to	53771
purchase services from any provider qualified to provide publicly	53772
funded child day-care under section 5104.31 of the Revised Code.	53773
Providers of publicly funded child day-care may present these	53774
certificates for payment for reimbursement in accordance with	53775
rules that the director of job and family services shall adopt.	53776
Only providers may receive reimbursement for certificates for	53777
payment. The value of the certificate for payment shall be based	53778
on the lowest of the rate customarily charged by the provider, the	53779
reimbursement ceiling or rate of payment established pursuant to	53780
section 5104.30 of the Revised Code, or a rate the county	53781
department negotiates with the provider. The county department may	53782
provide the certificates for payment to the individuals or may	53783
contract with child day-care providers or child day-care resource	53784
and referral service organizations that make determinations of	53785
eligibility for publicly funded child day-care pursuant to	53786
contracts entered into under section 5104.34 of the Revised Code	53787
for the providers or resource and referral service organizations	53788
to provide the certificates for payment to individuals whom they	53789
determine are eligible for publicly funded child day-care.	53790

For each six-month period a provider of publicly funded child	53791
day-care provides publicly funded child day-care to the child of	53792
an individual given certificates offor payment, the individual	53793
shall provide the provider certificates for days the provider	53794
would have provided publicly funded child day-care to the child	53795
had the child been present. County departments shall specify the	53796
maximum number of days providers will be provided certificates of	53797
payment for days the provider would have provided publicly funded	53798
child day-care had the child been present. The maximum number of	53799
days shall not exceed ten days in a six-month period during which	53800
publicly funded child day-care is provided to the child regardless	53801
of the number of providers that provide publicly funded child	53802
day-care to the child during that period.	53803

Sec. 5107.02.  As used in this chapter:

53804

(A) "Adult" means an individual who is not a minor child.

53805

(B) "Assistance group" means a group of individuals treated	53806
as a unit for purposes of determining eligibility for and the	53807
amount of assistance provided under Ohio works first.	53808

(C) "Custodian" means an individual who has legal custody, as	53809
defined in section 2151.011 of the Revised Code, of a minor child	53810
or comparable status over a minor child created by a court of	53811
competent jurisdiction in another state.	53812

(D) "Guardian" means an individual that is granted authority	53813
by a probate court pursuant to Chapter 2111. of the Revised Code,	53814
or a court of competent jurisdiction in another state, to exercise	53815
parental rights over a minor child to the extent provided in the	53816
court's order and subject to residual parental rights of the minor	53817
child's parents.	53818

(E) "Minor child" means either of the following:

53819

(1) An individual who has not attained age eighteen;

53820

(2) An individual who has not attained age nineteen and is a	53821
full-time student in a secondary school or in the equivalent level	53822
of vocational or technical training.	53823

(F) "Minor head of household" means a minor child who is	53824
either of the following:	53825

(1) AtIs married, at least six months pregnant, and a member	53826
of an assistance group that does not include an adult;	53827

(2) AIs married and is a parent of a child included in the	53828
same assistance group that does not include an adult.	53829

(G) "Ohio works first" means the program established by this	53830
chapter known as temporary assistance for needy families in Title	53831
IV-A.	53832

(H) "Payment standard" means the amount specified in rules	53833
adopted under section 5107.05 of the Revised Code that is the	53834
maximum amount of cash assistance an assistance group may receive	53835
under Ohio works first from state and federal funds.	53836

(I) "Specified relative" means the following individuals who	53837
are age eighteen or older:	53838

(1) The following individuals related by blood or adoption:

53839

(a) Grandparents, including grandparents with the prefix	53840
"great," "great-great," or "great-great-great";	53841

(b) Siblings;

53842

(c) Aunts, uncles, nephews, and nieces, including such	53843
relatives with the prefix "great," "great-great," "grand," or	53844
"great-grand";	53845

(d) First cousins and first cousins once removed.

53846

(2) Stepparents and stepsiblings;

53847

(3) Spouses and former spouses of individuals named in	53848
division (I)(1) or (2) of this section.	53849

(J) "Title IV-A" or "Title IV-D" means Title IV-A or Title	53850
IV-D of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	53851
301, as amended.	53852

Sec. 5107.30.  (A) As used in this section:

53853

(1) "LEAP program" means the learning, earning, and parenting	53854
program.	53855

(2) "Teen" means a participant of Ohio works first who is	53856
under age twentyeighteen or is age eighteen and in school and is	53857
a natural or adoptive parent or is pregnant.	53858

(3) "School" means an educational program that is designed to	53859
lead to the attainment of a high school diploma or the equivalent	53860
of a high school diploma.	53861

(B) The director of job and family services may adopt rules	53862
under section 5107.05 of the Revised Code, to the extent that such	53863
rules are consistent with federal law, to do all of the following:	53864

(1) Define "good cause" and "the equivalent of a high school	53865
diploma" for the purposes of this section;	53866

(2) Conduct one or more special demonstration programsa	53867
program titled the "LEAP program" and establish requirements	53868
governing the program. The purpose of the LEAP program is to	53869
encourage teens to complete school.	53870

(3) Require every teen who is subject to LEAP program	53871
requirements to attend school in accordance with the requirements	53872
governing the program unless the teen shows good cause for not	53873
attending school. The department shall provide, in addition to the	53874
cash assistance payment provided under Ohio works first, an	53875
incentive payment, in an amount determined by the department, to	53876
every teen who is participating in the LEAP program and attends	53877
school in accordance with the requirements governing the program.	53878
The department shall reduce the cash assistance payment, in an	53879
amount determined by the department, under Ohio works first to	53880
every teen participating in the LEAP program who fails or refuses,	53881
without good cause, to attend school in accordance withmeet the	53882
requirements governing the program.	53883

(4) Require every teen who is subject to LEAP program	53884
requirements to enter into a written agreement with the county	53885
department of job and family services that provides all of the	53886
following:	53887

(a) The teen, to be eligible to receive the incentive payment	53888
under division (B)(3) of this section, must attend school in	53889
accordance withmeet the requirements of the LEAP program;.	53890

(b) The county department will provide the incentive payment	53891
to the teen if the teen attends school;meets the requirements of	53892
the LEAP program.	53893

(c) The county department will reduce the cash assistance	53894
payment under Ohio works first if the teen fails or refuses	53895
without good cause to attend school in accordance with the	53896
requirements governing the LEAP program.	53897

(5) Evaluate the demonstration programs established under	53898
this section. In conducting the evaluations, the department of job	53899
and family services shall select control groups of teens who are	53900
otherwise subject to the LEAP program requirements.	53901

(C) A teenminor head of household who is participating in	53902
the LEAP program shall be considered to be participating in a work	53903
activity for the purpose of sections 5107.40 to 5107.69 of the	53904
Revised Code. However, the teenminor head of household is not	53905
subject to the requirements or sanctions of those sections, unless	53906
the teen is over age eighteen and meets the LEAP program	53907
requirements by participating regularly in work activities,	53908
developmental activities, or alternative work activities under	53909
those sections.	53910

(D) Subject to the availability of funds, county departments	53911
of job and family services shall provide for LEAP participants to	53912
receive support services the county department determines to be	53913
necessary for LEAP participation. Support services may include	53914
publicly funded child day-care under Chapter 5104. of the Revised	53915
Code, transportation, and other services.	53916

Sec. 5107.37. An(A) Except as provided in division (B) of	53917
this section, an individual who resides in a county home, city	53918
infirmary, jail, or other public institution is not eligible to	53919
participate in Ohio works first.	53920

(B) Division (A) of this section does not apply to a minor	53921
child residing with the minor child's mother who participates in a	53922
prison nursery program established under section 5120.65 of the	53923
Revised Code.	53924

Sec. 5107.40.  As used in sections 5107.40 to 5107.69 of the	53925
Revised Code:	53926

(A) "Alternative work activity" means an activity designed to	53927
promote self sufficiency and personal responsibility established	53928
by a county department of job and family services under section	53929
5107.64 of the Revised Code.	53930

(B) "Developmental 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
5107.62 of the Revised Code.	53934

(C) "High school equivalence diploma" means a diploma	53935
attesting to achievement of the equivalent of a high school	53936
education as measured by scores obtained on the tests of general	53937
educational development published by the American council on	53938
education. "High school equivalence diploma" includes a	53939
certificate of high school equivalence issued prior to January 1,	53940
1994, attesting to the achievement of the equivalent of a high	53941
school education as measured by scores obtained on tests of	53942
general educational development.	53943

(D) "Work activity" means the following:

53944

(1) Unsubsidized employment activities established under	53945
section 5107.60 of the Revised Code;	53946

(2) The subsidized employment program established under	53947
section 5107.52 of the Revised Code;	53948

(3) The work experience program established under section	53949
5107.54 of the Revised Code;	53950

(4) On-the-job training activities established under section	53951
5107.60 of the Revised Code;	53952

(5) The job search and readiness program established under	53953
section 5107.50 of the Revised Code;	53954

(6) Community service activities established under section	53955
5107.60 of the Revised Code;	53956

(7) Vocational educational training activities established	53957
under section 5107.60 of the Revised Code;	53958

(8) Jobs skills training activities established under section	53959
5107.60 of the Revised Code that are directly related to	53960
employment;	53961

(9) Education activities established under section 5107.60 of	53962
the Revised Code that are directly related to employment for	53963
participants of Ohio works first who have not earned a high school	53964
diploma or high school equivalence diploma;	53965

(10) Education activities established under section 5107.60	53966
of the Revised Code for participants of Ohio works first who have	53967
not completed secondary school or received a high school	53968
equivalence diploma under which the participants attend a	53969
secondary school or a course of study leading to a high school	53970
equivalence diploma;	53971

(11) Child-care service activities, including training,	53972
established under section 5107.60 of the Revised Code to aid	53973
another participant of Ohio works first assigned to a community	53974
service activity or other work activity;	53975

(12) The education program established under section 5107.58	53976
of the Revised Code that are operated pursuant to a federal waiver	53977
granted by the United States secretary of health and human	53978
services pursuant to a request made under former section 5101.09	53979
of the Revised Code;	53980

(13) Except as limitedTo the extent provided by division (C)	53981
of section 5107.30 of the Revised Code, the LEAP program	53982
established under that section.	53983

Sec. 5107.60.  In accordance with Title IV-A, federal	53984
regulations, state law, the Title IV-A state plan prepared under	53985
section 5101.80 of the Revised Code, and amendments to the plan,	53986
county departments of job and family services shall establish and	53987
administer the following work activities, in addition to the work	53988
activities established under sections 5107.50, 5107.52, 5107.54,	53989
and 5107.58 of the Revised Code, for minor heads of households and	53990
adults participating in Ohio works first:	53991

(A) Unsubsidized employment activities, including activities	53992
a county department determines are legitimate entrepreneurial	53993
activities;	53994

(B) On-the-job training activities, including training to	53995
become an employee of a child day-care center or type A family	53996
day-care home, authorized provider of a certified type B family	53997
day-care home, or in-home aide;	53998

(C) Community service activities including a program under	53999
which a participant of Ohio works first who is the parent,	54000
guardian, custodian, or specified relative responsible for the	54001
care of a minor child enrolled in grade twelve or lower is	54002
involved in the minor child's education on a regular basis;	54003

(D) Vocational educational training activities;

54004

(E) Jobs skills training activities that are directly related	54005
to employment;	54006

(F) Education activities that are directly related to	54007
employment for participants who have not earned a high school	54008
diploma or high school equivalence diploma;	54009

(G) Education activities for participants who have not	54010
completed secondary school or received a high school equivalence	54011
diploma under which the participants attend a secondary school or	54012
a course of study leading to a high school equivalence diploma,	54013
including LEAP participation by a minor head of household;	54014

(H) Child-care service activities aiding another participant	54015
assigned to a community service activity or other work activity. A	54016
county department may provide for a participant assigned to this	54017
work activity to receive training necessary to provide child-care	54018
services.	54019

Sec. 5108.01.  As used in this chapter:

54020

(A) "Assistance group" means a group of individuals treated	54021
as a unit for purposes of determining eligibility for the	54022
prevention, retention, and contingency program"County family	54023
services planning committee" means the county family services	54024
planning committee established under section 329.06 of the Revised	54025
Code or the board created by consolidation under division (C) of	54026
section 6301.06 of the Revised Code.	54027

(B) "Prevention, retention, and contingency program" means	54028
the program established by this chapter and funded in part with	54029
federal funds provided under Title IV-A.	54030

(C) "Title IV-A" means Title IV-A of the "Social Security	54031
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	54032

Sec. 5108.03.  Under the prevention, retention, and	54033
contingency program, aeach county department of job and family	54034
services shall providedo both of the following in accordance with	54035
the statement of policies the county department develops under	54036
section 5108.04 of the Revised Code:	54037

(A) Provide benefits and services that individuals need to	54038
overcome immediate barriers to achieving or maintaining self	54039
sufficiency and personal responsibility;	54040

(B) Perform related administrative duties. A county	54041
department shall provide the benefits and services in accordance	54042
with either the model design for the program that the department	54043
of job and family services develops under section 5108.05 of the	54044
Revised Code or the county department's own policies for the	54045
program developed under section 5108.06 of the Revised Code.	54046

Sec. 5108.06.        Sec. 5108.04.  Each county department of job and	54047
family services shall either adopt the model design fora written	54048
statement of policies governing the prevention, retention, and	54049
contingency program the department of job and family services	54050
develops under section 5108.05 of the Revised Code or develop its	54051
own policies for the programcounty. To develop its own policies,	54052
a county department shall adopt a written statement of the	54053
policies governing the program. The policies may be a modification	54054
of the model design, different from the model design, or a	54055
combination.The statement of policies shall be adopted not later	54056
than October 1, 2003, and shall be updated at least every two	54057
years thereafter. A county department may amend its statement of	54058
policies to modify, terminate, and establish new policies. The	54059
county director of job and family services shall sign and date the	54060
statement of policies and any amendment to it. Neither the	54061
statement of policies nor any amendment to it may have an	54062
effective date that is earlier than the date of the county	54063
director's signature.	54064

AEach county department of job and family services shall	54065
informprovide the department of job and family services of	54066
whether it has adopted the model design or developed its own	54067
policies for the prevention, retention, and contingency program.	54068
If a county department develops its own policies, it shall provide	54069
the department a written copy of the statement of policies and any	54070
amendments it adopts to the statement not later than ten calendar	54071
days after the statement or amendment's effective date.	54072

Sec. 5108.07.        Sec. 5108.05. The model design for the prevention,	54073
retention, and contingency program that the department of job and	54074
family services develops under section 5108.05 of the Revised Code	54075
and policies for the program that a county department of job and	54076
family services may develop under section 5108.06 of the Revised	54077
Code shall establishIn adopting a statement of policies under	54078
section 5108.04 of the Revised Code for the county's prevention,	54079
retention, and contingency program, each county department of job	54080
and family services shall do all of the following:	54081

(A) Establish or specify eligibility requirements for	54082
assistance groups that apply for the program under section 5108.10	54083
of the Revised Code, benefitsall of the following:	54084

(1) Benefits and services to be provided under the program to	54085
assistance groups, administrativethat are allowable uses of	54086
federal Title IV-A funds under 42 U.S.C. 601 and 604(a), except	54087
that they may not be "assistance" as defined in 45 C.F.R.	54088
260.31(a) but rather benefits and services that 45 C.F.R.	54089
260.31(b) excludes from the definition of assistance;	54090

(2) Restrictions on the amount, duration, and frequency of	54091
the benefits and services;	54092

(3) Eligibility requirements for the benefits and services;

54093

(4) Fair and equitable procedures for both of the following:

54094

(a) The certification of eligibility for the benefits and	54095
services that do not have a financial need eligibility	54096
requirement;	54097

(b) The determination and verification of eligibility for the	54098
benefits and services that have a financial need eligibility	54099
requirement.	54100

(5) Objective criteria for the delivery of the benefits and	54101
services;	54102

(6) Administrative requirements, and other;

54103

(7) Other matters the department, in the case of the model	54104
design, or a county department, in the case of county policies,	54105
determinedetermines are necessary.	54106

The model design and a county department's policies may	54107
establish eligibility requirements for, and specify benefits and	54108
services to be provided to, types of groups, such as students in	54109
the same class, that share a common need for the benefits and	54110
services. If the model design or a county department's policies	54111
include such a provision, the model design or county department's	54112
policies shall require that each individual who is to receive the	54113
benefits and services meet the eligibility requirements	54114
established for the type of group of which the individual is a	54115
member. The model design or county department's policies also	54116
shall require that the county department providing the benefits	54117
and services certify the group's eligibility, specify the duration	54118
that the group is to receive the benefits and services, and	54119
maintain the eligibility information for each member of the group	54120
receiving the benefits and services.	54121

The model design and a county department's policies may	54122
specify benefits and services that a county department may provide	54123
for the general public, including billboards that promote the	54124
prevention, and reduction in the incidence, of out-of-wedlock	54125
pregnancies or encourage the formation and maintenance of	54126
two-parent families.	54127

The model design and a county department's policies must be	54128
consistent with(B) Provide for the statement of policies to be	54129
consistent with all of the following:	54130

(1) The plan of cooperation the board of county commissioners	54131
develops under section 307.983 of the Revised Code;	54132

(2) The review and analysis of the county family services	54133
committee conducted in accordance with division (B)(2) of section	54134
329.06 of the Revised Code;	54135

(3) Title IV-A, federal regulations, state law, the Title	54136
IV-A state plan submitted to the United States secretary of health	54137
and human services under section 5101.80 of the Revised Code, and	54138
amendments to the plan. All benefits and services to be provided	54139
under the model design or a county department's policies must be	54140
allowable uses of federal Title IV-A funds as specified in 42	54141
U.S.C.A. 604(a), except that they may not be "assistance" as	54142
defined in 45 C.F.R. 260.31(a). The benefits and services shall be	54143
benefits and services that 45 C.F.R. 260.31(b) excludes from the	54144
definition of assistance.	54145

(C) Either provide the public and local government entities	54146
at least thirty days to submit comments on, or have the county	54147
family services planning committee review, the statement of	54148
policies, including the design of the county's prevention,	54149
retention, and contingency program, before the county director	54150
signs and dates the statement of policies.	54151

Sec. 5108.06. In adopting a statement of policies under	54152
section 5108.04 of the Revised Code for the county's prevention,	54153
retention, and contingency program, a county department of job and	54154
family services may specify both of the following:	54155

(A) Benefits and services to be provided under the program	54156
that prevent and reduce the incidence of out-of-wedlock	54157
pregnancies or encourage the formation and maintenance of	54158
two-parent families as permitted by 45 C.F.R. 260.20(c) and (d);	54159

(B) How the county department will certify individuals'	54160
eligibility for such benefits and services.	54161

Sec. 5108.07. (A) Each statement of policies adopted under	54162
section 5108.04 of the Revised Code shall include the board of	54163
county commissioners' certification that the county department of	54164
job and family services complied with this chapter in adopting the	54165
statement of policies.	54166

(B) The board of county commissioners shall revise its	54167
certification under division (A) of this section if an amendment	54168
to the statement of policies that the board considers to be	54169
significant is adopted under section 5108.04 of the Revised Code.	54170

Sec. 5108.09.  When a state hearing under division (B) of	54171
section 5101.35 of the Revised Code or an administrative appeal	54172
under division (C) of that section is held regarding the	54173
prevention, retention, and contingency program, the hearing	54174
officer, director of job and family services, or director's	54175
designee shall base the decision in the hearing or appeal on the	54176
following:	54177

(A) If the county department of job and family services	54178
involved in the hearing or appeal adopted the department of job	54179
and family services' model design for the program developed under	54180
section 5108.05 of the Revised Code, the model design;	54181

(B) If the county department developed its own policies for	54182
the program, the county department'sdepartment of job and family	54183
services' written statement of policies adopted under section	54184
5108.065108.04 of the Revised Code and any amendments the county	54185
department adopted to the statement if the county department	54186
provides a copy of the statement of policies and all amendments to	54187
the hearing officer, director, or director's designee at the	54188
hearing or appeal.	54189

Sec. 5108.10. An assistance group seeking to participate in	54190
the prevention, retention, and contingency program shall apply to	54191
a county department of job and family services usingEligibility	54192
for a benefit or service under a county's prevention, retention,	54193
and contingency program shall be certified in accordance with the	54194
statement of policies adopted under section 5108.04 of the Revised	54195
Code if the benefit or service does not have a financial need	54196
eligibility requirement.	54197

Eligibility for a benefit or service shall be determined in	54198
accordance with the statement of policies and based on an	54199
application containing information the county department of job	54200
and family services requires.	54201

Whenif the benefit or service has a financial need	54202
eligibility requirement. When a county department receives an	54203
application for participation in the prevention, retention, and	54204
contingency programsuch benefits and services, it shall promptly	54205
make an investigation and record of the circumstances of the	54206
applicant in order to ascertainfollow verification procedures	54207
established by the statement of policies to verify the facts	54208
surrounding the application and to obtain such other information	54209
as may be required. On completion of the investigation	54210
verification procedure, the county department shall determine	54211
whether the applicant is eligible to participate,for the benefits	54212
or services the applicant should receive, and the approximate date	54213
when participation isthe benefits or services are to begin.	54214

Sec. 5108.11. (A) To the extent permitted by section 307.982	54215
of the Revised Code, a board of county commissioners may enter	54216
into a written contract with a private or government entity for	54217
the entity to do either or both of the following for the county's	54218
prevention, retention, and contingency program:	54219

(1) Certify eligibility for benefits and services that do not	54220
have a financial need eligibility requirement;	54221

(2) Accept applications and determine and verify eligibility	54222
for benefits and services that have a financial need eligibility	54223
requirement.	54224

(B) If a board of county commissioners enters into a contract	54225
under division (A) of this section with a private or government	54226
entity, the county department of job and family services shall do	54227
all of the following:	54228

(1) Ensure that eligibility for benefits and services is	54229
certified or determined and verified in accordance with the	54230
statement of policies adopted under section 5108.04 of the Revised	54231
Code;	54232

(2) Ensure that the private or government entity maintains	54233
all records that are necessary for audits;	54234

(3) Monitor the private or government entity for compliance	54235
with Title IV-A, this chapter of the Revised Code, and the	54236
statement of policies;	54237

(4) Take actions that are necessary to recover any funds that	54238
are not spent in accordance with Title IV-A or this chapter of the	54239
Revised Code.	54240

Sec. 5108.12. Each county department of job and family	54241
services is responsible for funds expended or claimed under the	54242
county's prevention, retention, and contingency program that the	54243
department of job and family services, auditor of state, United	54244
States department of health and human services, or other	54245
government entity determines is expended or claimed in a manner	54246
that federal or state law or policy does not permit.	54247

Sec. 5111.0112. The director of job and family services shall	54248
examine instituting a copayment program under medicaid. As part of	54249
the examination, the director shall determine which groups of	54250
medicaid recipients may be subjected to a copayment requirement	54251
under federal statutes and regulations and which of those groups	54252
are appropriate for a copayment program designed to reduce	54253
inappropriate and excessive use of medical goods and services. If,	54254
on completion of the examination, the director determines that it	54255
is feasible to institute such a copayment program, the director	54256
may seek approval from the United States secretary of health and	54257
human services to institute the copayment program. If necessary,	54258
the director may seek approval by applying for a waiver of federal	54259
statutes and regulations. If such approval is obtained, the	54260
director shall adopt rules in accordance with Chapter 119. of the	54261
Revised Code governing the copayment program.	54262

Sec. 5111.0113.  Children who are in the temporary or	54263
permanent custody of a certified public or private nonprofit	54264
agency or institution or in adoptions subsidized under division	54265
(B) of section 5153.163 of the Revised Code are eligible for	54266
medical assistance through the medicaid program established under	54267
section 5111.01 of the Revised Code.	54268

Sec. 5111.02.  (A) Under the medical assistance program:

54269

(1) Except as otherwise permitted by federal statute or	54270
regulation and at the department's discretion, reimbursement by	54271
the department of job and family services to a medical provider	54272
for any medical service rendered under the program shall not	54273
exceed the authorized reimbursement level for the same service	54274
under the medicare program established under Title XVIII of the	54275
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	54276
amended.	54277

(2) Reimbursement for freestanding medical laboratory charges	54278
shall not exceed the customary and usual fee for laboratory	54279
profiles.	54280

(3) The department may deduct from payments for services	54281
rendered by a medicaid provider under the medical assistance	54282
program any amounts the provider owes the state as the result of	54283
incorrect medical assistance payments the department has made to	54284
the provider.	54285

(4) The department may conduct final fiscal audits in	54286
accordance with the applicable requirements set forth in federal	54287
laws and regulations and determine any amounts the provider may	54288
owe the state. When conducting final fiscal audits, the department	54289
shall consider generally accepted auditing standards, which	54290
include the use of statistical sampling.	54291

(5) The number of days of inpatient hospital care for which	54292
reimbursement is made on behalf of a recipient of medical	54293
assistance to a hospital that is not paid under a	54294
diagnostic-related-group prospective payment system shall not	54295
exceed thirty days during a period beginning on the day of the	54296
recipient's admission to the hospital and ending sixty days after	54297
the termination of that hospital stay, except that the department	54298
may make exceptions to this limitation. The limitation does not	54299
apply to children participating in the program for medically	54300
handicapped children established under section 3701.023 of the	54301
Revised Code.	54302

(B) The director of job and family services may adopt, amend,	54303
or rescind rules under Chapter 119. of the Revised Code	54304
establishing the amount, duration, and scope of medical services	54305
to be included in the medical assistance program. Such rules shall	54306
establish the conditions under which services are covered and	54307
reimbursed, the method of reimbursement applicable to each covered	54308
service, and the amount of reimbursement or, in lieu of such	54309
amounts, methods by which such amounts are to be determined for	54310
each covered service. Any rules that pertain to nursing facilities	54311
or intermediate care facilities for the mentally retarded shall be	54312
consistent with sections 5111.20 to 5111.33 of the Revised Code.	54313

(C) No health insuring corporation that has a contract to	54314
provide health care services to recipients of medical assistance	54315
shall restrict the availability to its enrollees of any	54316
prescription drugs included in the Ohio medicaid drug formulary as	54317
established under rules adopted by the director.	54318

(D) The division of any reimbursement between a collaborating	54319
physician or podiatrist and a clinical nurse specialist, certified	54320
nurse-midwife, or certified nurse practitioner for services	54321
performed by the nurse shall be determined and agreed on by the	54322
nurse and collaborating physician or podiatrist. In no case shall	54323
reimbursement exceed the payment that the physician or podiatrist	54324
would have received had the physician or podiatrist provided the	54325
entire service.	54326

Sec. 5111.021.  Under the medical assistance program, any	54327
amount determined to be owed the state by a final fiscal audit	54328
conducted pursuant to division (A)(4) of section 5111.02 of the	54329
Revised Code, upon the issuance of an adjudication order pursuant	54330
to Chapter 119. of the Revised Code that contains a finding that	54331
there is a preponderance of the evidence that the provider will	54332
liquidate assets or file bankruptcy in order to prevent payment of	54333
the amount determined to be owed the state, becomes a lien upon	54334
the real and personal property of the provider. Upon failure of	54335
the provider to pay the amount to the state, the director of job	54336
and family services shall file notice of the lien, for which there	54337
shall be no charge, in the office of the county recorder of the	54338
county in which it is ascertained that the provider owns real or	54339
personal property. The director shall notify the provider by mail	54340
of the lien, but absence of proof that the notice was sent does	54341
not affect the validity of the lien. The lien is not valid as	54342
against the claim of any mortgagee, pledgee, purchaser, judgment	54343
creditor, or other lienholder of record at the time the notice is	54344
filed.	54345

If the provider acquires real or personal property after	54346
notice of the lien is filed, the lien shall not be valid as	54347
against the claim of any mortgagee, pledgee, subsequent bona fide	54348
purchaser for value, judgment creditor, or other lienholder of	54349
record to such after-acquired property unless the notice of lien	54350
is refiled after the property is acquired by the provider and	54351
before the competing lien attaches to the after-acquired property	54352
or before the conveyance to the subsequent bona fide purchaser for	54353
value.	54354

When the amount has been paid, the provider may record with	54355
the recorder notice of the payment. For recording such notice of	54356
payment, the recorder shall charge and receive from the provider a	54357
base fee of one dollar for services and a housing trust fund fee	54358
of one dollar pursuant to section 317.36 of the Revised Code.	54359

In the event of a distribution of a provider's assets	54360
pursuant to an order of any court under the law of this state	54361
including any receivership, assignment for benefit of creditors,	54362
adjudicated insolvency, or similar proceedings, amounts then or	54363
thereafter due the state under this chapter have the same priority	54364
as provided by law for the payment of taxes due the state and	54365
shall be paid out of the receivership trust fund or other such	54366
trust fund in the same manner as provided for claims for unpaid	54367
taxes due the state.	54368

If the attorney general finds after investigation that any	54369
amount due the state under this chapter is uncollectable, in whole	54370
or in part, the attorney general shall recommend to the director	54371
the cancellation of all or part of the claim. The director may	54372
thereupon effect the cancellation.	54373

Sec. 5111.022.  (A) As used in this section:

54374

(1) "Community mental health facility" means a community	54375
mental health facility that has a quality assurance program	54376
accredited by the joint commission on accreditation of healthcare	54377
organizations or is certified by the department of mental health	54378
or department of job and family services.	54379

(2) "Mental health professional" means a person qualified to	54380
work with mentally ill persons under the standards established by	54381
the director of mental health pursuant to section 5119.611 of the	54382
Revised Code.	54383

(B) The state medicaid plan for providing medical assistance	54384
under Title XIX of the "Social Security Act," 49 Stat. 620, 42	54385
U.S.C.A. 301, as amended, shall include provision of the following	54386
mental health services when provided by community mental health	54387
facilities described in division (B) of this section:	54388

(1) Outpatient mental health services, including, but not	54389
limited to, preventive, diagnostic, therapeutic, rehabilitative,	54390
and palliative interventions rendered to individuals in an	54391
individual or group setting by a mental health professional in	54392
accordance with a plan of treatment appropriately established,	54393
monitored, and reviewed;	54394

(2) Partial-hospitalization mental health services of three	54395
to fourteen hours per service day, rendered by persons directly	54396
supervised by a mental health professional;	54397

(3) Unscheduled, emergency mental health services of a kind	54398
ordinarily provided to persons in crisis when rendered by persons	54399
supervised by a mental health professional;	54400

(4) Subject to receipt of federal approval, assertive	54401
community treatment and intensive home-based mental health	54402
services.	54403

(B) Services shall be included in the state plan only when	54404
provided by community mental health facilities that have quality	54405
assurance programs accredited by the joint commission on	54406
accreditation of healthcare organizations or certified by the	54407
department of mental health or department of job and family	54408
services.	54409

(C) The comprehensive annual plan shall certify the	54410
availability of sufficient unencumbered community mental health	54411
state subsidy and local funds to match Title XIXfederal medicaid	54412
reimbursement funds earned by thecommunity mental health	54413
facilities. Reimbursement for eligible services shall be based on	54414
the prospective cost of providing the services as developed in	54415
standards adopted as part of the comprehensive annual plan.	54416

(D) As used in this section, "mental health professional"	54417
means a person qualified to work with mentally ill persons under	54418
the standards established by the director of mental health	54419
pursuant to section 5119.611 of the Revised Code.	54420

(E) With respect to services established by division (A) of	54421
this section, theThe department of job and family services shall	54422
enter into a separate contract with the department of mental	54423
health under section 5111.91 of the Revised Code with regard to	54424
the component of the medicaid program provided for by this	54425
section. The terms of the contract between the department of job	54426
and family services and the department of mental health shall	54427
specify both of the following:	54428

(1) That the department of mental health and boards of	54429
alcohol, drug addiction, and mental health services shall provide	54430
state and local matching funds for Title XIX of the "Social	54431
Security Act," for reimbursement of services established by	54432
division (A) of this section;	54433

(2) How the community mental health facilities described in	54434
division (B) of this section will be paid for providing the	54435
services established by division (A) of this section.	54436

(E) Not later than May 1, 2004, the department of job and	54437
family services shall request federal approval to provide	54438
assertive community treatment and intensive home-based mental	54439
health services under medicaid pursuant to this section.	54440

(F) On receipt of federal approval sought under division (E)	54441
of this section, the director of job and family services shall	54442
adopt rules in accordance with Chapter 119. of the Revised Code	54443
establishing statewide access and acuity standards for partial	54444
hospitalization mental health services and assertive community	54445
treatment and intensive home-based mental health services provided	54446
under medicaid pursuant to this section. The director shall	54447
consult with the department of mental health in adopting the	54448
rules.	54449

Sec. 5111.025. (A) In rules adopted under section 5111.02 of	54450
the Revised Code, the director of job and family services shall	54451
modify the manner or establish a new manner in which the following	54452
are paid under medicaid:	54453

(1) Community mental health facilities for providing mental	54454
health services included in the state medicaid plan pursuant to	54455
section 5111.022 of the Revised Code;	54456

(2) Providers of alcohol and drug addiction services for	54457
providing alcohol and drug addiction services included in the	54458
medicaid program pursuant to rules adopted under section 5111.02	54459
of the Revised Code.	54460

(B) In modifying the manner, or establishing a new manner,	54461
for medicaid to pay for the services specified in division (A) of	54462
this section, the director shall include a provision for obtaining	54463
federal financial participation for the costs that each board of	54464
alcohol, drug addiction, and mental health services incurs in its	54465
administration of those services. Except as provided in section	54466
5111.92 of the Revised Code, the department of job and family	54467
services shall pay the federal financial participation obtained	54468
for such administrative costs to the board that incurs the	54469
administrative costs.	54470

(C) The director's authority to modify the manner, or to	54471
establish a new manner, for medicaid to pay for the services	54472
specified in division (A) of this section is not limited by any	54473
rules adopted under section 5111.02 or 5119.61 of the Revised Code	54474
that are in effect on the effective date of this section and	54475
govern the way medicaid pays for those services. This is the case	54476
regardless of what state agency adopted the rules.	54477

Sec. 5111.03.  (A) No provider of services or goods	54478
contracting with the department of job and family services	54479
pursuant to the medicaid program shall, by deception, obtain or	54480
attempt to obtain payments under this chapter to which the	54481
provider is not entitled pursuant to the provider agreement, or	54482
the rules of the federal government or the department of job and	54483
family services relating to the program. No provider shall	54484
willfully receive payments to which the provider is not entitled,	54485
or willfully receive payments in a greater amount than that to	54486
which the provider is entitled; nor shall any provider falsify any	54487
report or document required by state or federal law, rule, or	54488
provider agreement relating to medicaid payments. As used in this	54489
section, a provider engages in "deception" when the provider,	54490
acting with actual knowledge of the representation or information	54491
involved, acting in deliberate ignorance of the truth or falsity	54492
of the representation or information involved, or acting in	54493
reckless disregard of the truth or falsity of the representation	54494
or information involved, deceives another or causes another to be	54495
deceived by any false or misleading representation, by withholding	54496
information, by preventing another from acquiring information, or	54497
by any other conduct, act, or omission that creates, confirms, or	54498
perpetuates a false impression in another, including a false	54499
impression as to law, value, state of mind, or other objective or	54500
subjective fact. No proof of specific intent to defraud is	54501
required to show, for purposes of this section, that a provider	54502
has engaged in deception.	54503

(B) Any provider who violates division (A) of this section	54504
shall be liable, in addition to any other penalties provided by	54505
law, for all of the following civil penalties:	54506

(1) Payment of interest on the amount of the excess payments	54507
at the maximum interest rate allowable for real estate mortgages	54508
under section 1343.01 of the Revised Code on the date the payment	54509
was made to the provider for the period from the date upon which	54510
payment was made, to the date upon which repayment is made to the	54511
state;	54512

(2) Payment of an amount equal to three times the amount of	54513
any excess payments;	54514

(3) Payment of a sum of not less than five thousand dollars	54515
and not more than ten thousand dollars for each deceptive claim or	54516
falsification;	54517

(4) All reasonable expenses which the court determines have	54518
been necessarily incurred by the state in the enforcement of this	54519
section.	54520

(C) InAs used in this division, "intermediate care facility	54521
for the mentally retarded" and "nursing facility" have the same	54522
meanings given in section 5111.20 of the Revised Code.	54523

In addition to the civil penalties provided in division (B)	54524
of this section, the director of job and family services, upon the	54525
conviction of, or the entry of a judgment in either a criminal or	54526
civil action against, a medicaid provider or its owner, officer,	54527
authorized agent, associate, manager, or employee in an action	54528
brought pursuant to section 109.85 of the Revised Code, shall	54529
terminate the provider agreement between the department and the	54530
provider and stop reimbursement to the provider for services	54531
rendered for a period of up to five years from the date of	54532
conviction or entry of judgment. As used in this chapter, "owner"	54533
means any person having at least five per cent ownership in the	54534
medicaid provider. No such provider, owner, officer, authorized	54535
agent, associate, manager, or employee shall own or provide	54536
services to any other medicaid provider or risk contractor or	54537
arrange for, render, or order services for medicaid recipients	54538
during the period of termination as provided in division (C) of	54539
this section, nor, during the period of termination as provided in	54540
division (C) of this section, shall such provider, owner, officer,	54541
authorized agent, associate, manager, or employee receive	54542
reimbursement in the form of direct payments from the department	54543
or indirect payments of medicaid funds in the form of salary,	54544
shared fees, contracts, kickbacks, or rebates from or through any	54545
participating provider or risk contractor. The provider agreement	54546
shall not be terminated or reimbursement terminated if the	54547
provider or owner can demonstrate that the provider or owner did	54548
not directly or indirectly sanction the action of its authorized	54549
agent, associate, manager, or employee that resulted in the	54550
conviction or entry of a judgment in a criminal or civil action	54551
brought pursuant to section 109.85 of the Revised Code. Nothing in	54552
this division prohibits any owner, officer, authorized agent,	54553
associate, manager, or employee of a medicaid provider from	54554
entering into a medicaid provider agreement if the person can	54555
demonstrate that the person had no knowledge of an action of the	54556
medicaid provider the person was formerly associated with that	54557
resulted in the conviction or entry of a judgment in a criminal or	54558
civil action brought pursuant to section 109.85 of the Revised	54559
Code.	54560

Providers subject to sections 5111.20 to 5111.32 of the	54561
Revised CodeNursing facility or intermediate care facility for	54562
the mentally retarded providers whose agreements are terminated	54563
pursuant to this section may continue to receive reimbursement for	54564
up to thirty days after the effective date of the termination if	54565
the provider makes reasonable efforts to transfer recipients to	54566
another facility or to alternate care and if federal funds are	54567
provided for such reimbursement.	54568

(D) Any provider of services or goods contracting with the	54569
department of job and family services pursuant to Title XIX of the	54570
"Social Security Act," who, without intent, obtains payments under	54571
this chapter in excess of the amount to which the provider is	54572
entitled, thereby becomes liable for payment of interest on the	54573
amount of the excess payments at the maximum real estate mortgage	54574
rate on the date the payment was made to the provider for the	54575
period from the date upon which payment was made to the date upon	54576
which repayment is made to the state.	54577

(E) The attorney general on behalf of the state may commence	54578
proceedings to enforce this section in any court of competent	54579
jurisdiction; and the attorney general may settle or compromise	54580
any case brought under this section with the approval of the	54581
department of job and family services. Notwithstanding any other	54582
provision of law providing a shorter period of limitations, the	54583
attorney general may commence a proceeding to enforce this section	54584
at any time within six years after the conduct in violation of	54585
this section terminates.	54586

(F) The authority, under state and federal law, of the	54587
department of job and family services or a county department of	54588
job and family services to recover excess payments made to a	54589
provider is not limited by the availability of remedies under	54590
sections 5111.11 and 5111.12 of the Revised Code for recovering	54591
benefits paid on behalf of recipients of medical assistance.	54592

The penalties under this chapter apply to any overpayment,	54593
billing, or falsification occurring on and after April 24, 1978.	54594
All moneys collected by the state pursuant to this section shall	54595
be deposited in the state treasury to the credit of the general	54596
revenue fund.	54597

Sec. 5111.06.  (A)(1) As used in this section:

54598

(a) "Provider" means any person, institution, or entity that	54599
furnishes medicaid services under a provider agreement with the	54600
department of job and family services pursuant to Title XIX of the	54601
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	54602
amended.	54603

(b) "Party" has the same meaning as in division (G) of	54604
section 119.01 of the Revised Code.	54605

(c) "Adjudication" has the same meaning as in division (D) of	54606
section 119.01 of the Revised Code.	54607

(2) This section does not apply to any action taken by the	54608
department of job and family services under sections 5111.35 to	54609
5111.62 of the Revised Code.	54610

(B) Except as provided in division (D) of this section, the	54611
department shall do either of the following by issuing an order	54612
pursuant to an adjudication conducted in accordance with Chapter	54613
119. of the Revised Code:	54614

(1) Enter into or refuse to enter into a provider agreement	54615
with a provider, or suspend, terminate, renew, or refuse to renew	54616
an existing provider agreement with a provider;	54617

(2) Take any action based upon a final fiscal audit of a	54618
provider.	54619

(C) Any party who is adversely affected by the issuance of an	54620
adjudication order under division (B) of this section may appeal	54621
to the court of common pleas of Franklin county in accordance with	54622
section 119.12 of the Revised Code.	54623

(D) The department is not required to comply with division	54624
(B)(1) of this section whenever any of the following occur:	54625

(1) The terms of a provider agreement require the provider to	54626
have a license, permit, or certificate issued by an official,	54627
board, commission, department, division, bureau, or other agency	54628
of state government other than the department of job and family	54629
services, and the license, permit, or certificate has been denied	54630
or revoked.	54631

(2) The provider agreement is denied, terminated, or not	54632
renewed pursuant to division (C) or (E) of section 5111.03 of the	54633
Revised Code;	54634

(3) The provider agreement is denied, terminated, or not	54635
renewed due to the provider's termination, suspension, or	54636
exclusion from the medicare program established under Title XVIII	54637
of the "Social Security Act," and the termination, suspension, or	54638
exclusion is binding on the provider's participation in the	54639
medicaid program;	54640

(4) The provider agreement is denied, terminated, or not	54641
renewed due to the provider's pleading guilty to or being	54642
convicted of a criminal activity materially related to either the	54643
medicare or medicaid program;	54644

(5) The provider agreement is denied, terminated, or	54645
suspended as a result of action by the United States department of	54646
health and human services and that action is binding on the	54647
provider's participation in the medicaid program.	54648

(E) The department may withhold payments for services	54649
rendered by a medicaid provider under the medical assistance	54650
program during the pendency of proceedings initiated under	54651
division (B)(1) of this section. If the proceedings are initiated	54652
under division (B)(2) of this section, the department may withhold	54653
payments only to the extent that they equal amounts determined in	54654
a final fiscal audit as being due the state. This division does	54655
not apply if the department fails to comply with section 119.07 of	54656
the Revised Code, requests a continuance of the hearing, or does	54657
not issue a decision within thirty days after the hearing is	54658
completed. This division does not apply to nursing facilities and	54659
intermediate care facilities for the mentally retarded subject to	54660
sectionsas defined in section 5111.20 to 5111.32 of the Revised	54661
Code.	54662

Sec. 5111.08.        Sec. 5111.071.  Commencing in December, 1986, and	54663
every second December thereafter, the director of job and family	54664
services shall establish a dispensing fee, effective the following	54665
January, for licensed pharmacists who are providers under this	54666
chapter. The dispensing fee shall take into consideration the	54667
results of the survey conducted under section 5111.07 of the	54668
Revised Code.	54669

Sec. 5111.16.        Sec. 5111.08.  In accordance with subsection (g) of	54670
section 1927 of the "Social Security Act," 49 Stat. 320 (1935), 42	54671
U.S.C.A. 1396r-8(g), as amended, the department of job and family	54672
services shall establish an outpatient drug use review program to	54673
assure that prescriptions obtained by recipients of medical	54674
assistance under this chapter are appropriate, medically	54675
necessary, and unlikely to cause adverse medical results.	54676

Sec. 5111.082.  The director of job and family services, in	54677
rules adopted under section 5111.02 of the Revised Code, may	54678
establish and implement a supplemental drug rebate program under	54679
which drug manufacturers may be required to provide the department	54680
of job and family services a supplemental rebate as a condition of	54681
having the drug manufacturers' drug products covered by the	54682
medicaid program without prior approval. If necessary, the	54683
director may apply to the United States secretary of health and	54684
human services for a waiver of federal statutes and regulations to	54685
establish the supplemental drug rebate program.	54686

If the director establishes a supplemental drug rebate	54687
program, the director shall consult with drug manufacturers	54688
regarding the establishment and implementation of the program.	54689

If the director establishes a supplemental drug rebate	54690
program, the director shall exempt from the program and from prior	54691
authorization or any other restriction all of a drug	54692
manufacturer's drug products that have been approved by the United	54693
States food and drug administration and for which there is no	54694
generic equivalent for the treatment of either of the following:	54695

(A) Mental illness, as defined in section 5122.01 of the	54696
Revised Code, including schizophrenia, major depressive disorder,	54697
and bipolar disorder;	54698

(B) HIV or AIDS, both as defined in section 3701.24 of the	54699
Revised Code.	54700

Sec. 5111.111.  As used in this section, "home and	54701
community-based services" means services provided pursuant to a	54702
waiver under section 1915 of the "Social Security Act," 49 Stat.	54703
620 (1935), 42 U.S.C.A. 1396n, as amended.	54704

The department of job and family services may place a lien	54705
against the property of a medical assistance recipient or	54706
recipient's spouse, other than a recipient or spouse of a	54707
recipient of home and community-based services, that the	54708
department may recover as part of the program instituted under	54709
section 5111.11 of the Revised Code. When medical assistance is	54710
paid on behalf of any person in circumstances under which federal	54711
law and regulations and this section permit the imposition of a	54712
lien, the director of job and family services or a person	54713
designated by the director may sign a certificate to the effect.	54714
The county department of job and family services shall file for	54715
recording and indexing the certificate, or a certified copy, in	54716
the real estate mortgage records in the office of the county	54717
recorder in every county in which real property of the recipient	54718
or spouse is situated. From the time of filing the certificate in	54719
the office of the county recorder, the lien attaches to all real	54720
property of the recipient or spouse described therein for all	54721
amounts of aid which are paid or which thereafter are paid, and	54722
shall remain a lien until satisfied.	54723

Upon filing the certificate in the office of the recorder,	54724
all persons are charged with notice of the lien and the rights of	54725
the department of job and family services thereunder.	54726

The county recorder shall keep a record of every certificate	54727
filed showing its date, the time of filing, the name and residence	54728
of the recipient or spouse, and any release, waivers, or	54729
satisfaction of the lien.	54730

The priority of the lien shall be established in accordance	54731
with state and federal law.	54732

The department may waive the priority of its lien to provide	54733
for the costs of the last illness as determined by the department,	54734
administration, attorney fees, administrator fees, a sum for the	54735
payment of the costs of burial, which shall be computed by	54736
deducting from five hundred dollars whatever amount is available	54737
for the same purpose from all other sources, and a similar sum for	54738
the spouse of the decedent.	54739

Sec. 5111.151. (A) This section applies to eligibility	54740
determinations for all cases involving medical assistance provided	54741
pursuant to this chapter, qualified medicare beneficiaries,	54742
specified low-income medicare beneficiaries, qualifying	54743
individuals-1, qualifying individuals-2, and medical assistance	54744
for covered families and children.	54745

(B) As used in this section:

54746

(1) "Trust" means any arrangement in which a grantor	54747
transfers real or personal property to a trust with the intention	54748
that it be held, managed, or administered by at least one trustee	54749
for the benefit of the grantor or beneficiaries. "Trust" includes	54750
any legal instrument or device similar to a trust.	54751

(2) "Legal instrument or device similar to a trust" includes,	54752
but is not limited to, escrow accounts, investment accounts,	54753
partnerships, contracts, and other similar arrangements that are	54754
not called trusts under state law but are similar to a trust and	54755
to which all of the following apply:	54756

(a) The property in the trust is held, managed, retained, or	54757
administered by a trustee.	54758

(b) The trustee has an equitable, legal, or fiduciary duty to	54759
hold, manage, retain, or administer the property for the benefit	54760
of the beneficiary.	54761

(c) The trustee holds identifiable property for the	54762
beneficiary.	54763

(3) "Grantor" is a person who creates a trust, including all	54764
of the following:	54765

(a) An individual;

54766

(b) An individual's spouse;

54767

(c) A person, including a court or administrative body, with	54768
legal authority to act in place of or on behalf of an individual	54769
or an individual's spouse;	54770

(d) A person, including a court or administrative body, that	54771
acts at the direction or on request of an individual or the	54772
individual's spouse.	54773

(4) "Beneficiary" is a person or persons, including a	54774
grantor, who benefits in some way from a trust.	54775

(5) "Trustee" is a person who manages a trust's principal and	54776
income for the benefit of the beneficiaries.	54777

(6) "Person" has the same meaning as in section 1.59 of the	54778
Revised Code and includes an individual, corporation, business	54779
trust, estate, trust, partnership, and association.	54780

(7) "Applicant" is an individual who applies for medical	54781
assistance benefits or the individual's spouse.	54782

(8) "Recipient" is an individual who receives medical	54783
assistance benefits or the individual's spouse.	54784

(9) "Revocable trust" is a trust that can be revoked by the	54785
grantor or the beneficiary, including all of the following, even	54786
if the terms of the trust state that it is irrevocable:	54787

(a) A trust that provides that the trust can be terminated	54788
only by a court;	54789

(b) A trust that terminates on the happening of an event, but	54790
only if the event occurs at the direction or control of the	54791
grantor, beneficiary, or trustee.	54792

(10) "Irrevocable trust" is a trust that cannot be revoked by	54793
the grantor or terminated by a court and that terminates only on	54794
the occurrence of an event outside of the control or direction of	54795
the beneficiary or grantor.	54796

(11) "Payment" is any disbursal from the principal or income	54797
of the trust, including actual cash, noncash or property	54798
disbursements, or the right to use and occupy real property.	54799

(12) "Payments to or for the benefit of the applicant or	54800
recipient" is a payment to any person resulting in a direct or	54801
indirect benefit to the applicant or recipient.	54802

(13) "Testamentary trust" is a trust that is established by a	54803
will and does not take effect until after the death of the person	54804
who created the trust.	54805

(C) If an applicant or recipient is a beneficiary of a trust,	54806
the county department of job and family services shall determine	54807
what type of trust it is and shall treat the trust in accordance	54808
with the appropriate provisions of this section and rules adopted	54809
by the department of job and family services governing trusts. The	54810
county department of job and family services may determine that	54811
the trust or portion of the trust is one of the following:	54812

(1) A countable resource;

54813

(2) Countable income;

54814

(3) A countable resource and countable income;

54815

(4) Not a countable resource or countable income.

54816

(D)(1) A trust or legal instrument or device similar to a	54817
trust shall be considered a self-settled trust if all of the	54818
following apply:	54819

(a) The trust was established on or after August 11, 1993.

54820

(b) The trust was not established by a will.

54821

(c) The trust was established by an applicant or recipient,	54822
spouse of an applicant or recipient, or a person, including a	54823
court or administrative body, with legal authority to act in place	54824
of or on behalf of an applicant, recipient, or spouse, or acting	54825
at the direction or on request of an applicant, recipient, or	54826
spouse.	54827

(2) A trust that meets the requirements of division (D)(1) of	54828
this section and is a revocable trust shall be treated by the	54829
county department of job and family services as follows:	54830

(a) The corpus of the trust shall be considered a resource	54831
available to the applicant or recipient.	54832

(b) Payments from the trust to or for the benefit of the	54833
applicant or recipient shall be considered unearned income of the	54834
applicant or recipient.	54835

(c) Any other payments from the trust shall be considered an	54836
improper transfer of resources and shall be subject to rules	54837
adopted by the department of job and family services governing	54838
improper transfers of resources.	54839

(3) A trust that meets the requirements of division (D)(1) of	54840
this section and is an irrevocable trust shall be treated by the	54841
county department of job and family services as follows:	54842

(a) If there are any circumstances under which payment from	54843
the trust could be made to or for the benefit of the applicant or	54844
recipient, including a payment that can be made only in the	54845
future, the portion from which payments could be made shall be	54846
considered a resource available to the applicant or recipient. The	54847
county department of job and family services shall not take into	54848
account when payments can be made.	54849

(b) Any payment that is actually made to or for the benefit	54850
of the applicant or recipient from either the corpus or income	54851
shall be considered unearned income.	54852

(c) If a payment is made to someone other than to the	54853
applicant or recipient and the payment is not for the benefit of	54854
the applicant or recipient, the payment shall be considered an	54855
improper transfer of resources and shall be subject to rules	54856
adopted by the department of job and family services governing	54857
improper transfers of resources.	54858

(d) The date of the transfer shall be the later of the date	54859
of establishment of the trust or the date of the occurrence of the	54860
event.	54861

(e) When determining the value of the transferred resource	54862
under this provision, the value of the trust shall be its value on	54863
the date payment to the applicant or recipient was foreclosed.	54864

(f) Any income earned or other resources added subsequent to	54865
the foreclosure date shall be added to the total value of the	54866
trust.	54867

(g) Any payments to or for the benefit of the applicant or	54868
recipient after the foreclosure date but prior to the application	54869
date shall be subtracted from the total value. Any other payments	54870
shall not be subtracted from the value.	54871

(h) Any addition of resources after the foreclosure date	54872
shall be considered a separate transfer.	54873

(4) If a trust is funded with assets of another person or	54874
persons in addition to assets of the applicant or recipient, the	54875
applicable provisions of this section and rules adopted by the	54876
department of job and family services governing trusts shall apply	54877
only to the portion of the trust attributable to the applicant or	54878
recipient.	54879

(5) The availability of a self-settled trust shall be	54880
considered without regard to any of the following:	54881

(a) The purpose for which the trust is established;

54882

(b) Whether the trustees have exercised or may exercise	54883
discretion under the trust;	54884

(c) Any restrictions on when or whether distributions may be	54885
made from the trust;	54886

(d) Any restrictions on the use of distributions from the	54887
trust.	54888

(6) The baseline date for the look-back period for transfers	54889
of assets involving a self-settled trust shall be the date on	54890
which the applicant or recipient is both institutionalized and	54891
first applies for medical assistance. The following conditions	54892
also apply to look-back periods for transfers of assets involving	54893
self-settled trusts:	54894

(a) If a self-settled trust is a revocable trust and a	54895
portion of the trust is distributed to someone other than the	54896
applicant or recipient for the benefit of someone other than the	54897
applicant or recipient, the distribution shall be considered an	54898
improper transfer of resources. The look-back period shall be	54899
sixty months from the baseline date. The transfer shall be	54900
considered to have taken place on the date on which the payment to	54901
someone other than the applicant or recipient was made.	54902

(b) If a self-settled trust is an irrevocable trust and a	54903
portion of the trust is not distributable to the applicant or	54904
recipient, the trust shall be treated as an improper transfer of	54905
resources. The look-back period shall be sixty months from the	54906
baseline date. The transfer is considered to have been made as of	54907
the later of the date the trust was established or the date on	54908
which payment to the applicant or recipient was foreclosed. The	54909
value of these assets shall not be reduced by any payments from	54910
the trust that may be made from these unavailable assets at a	54911
later date.	54912

(c) If a self-settled trust is an irrevocable trust and a	54913
portion or all of the trust may be disbursed to or for the benefit	54914
of the applicant or recipient, any payment that is made to another	54915
person other than the applicant or recipient shall be considered	54916
an improper transfer of resources. The look-back period is	54917
thirty-six months from the baseline date. The transfer shall be	54918
considered to have been made as of the date of payment to the	54919
other person.	54920

(E) The principal or income from any of the following shall	54921
be exempt from being counted as a resource by a county department	54922
of job and family services:	54923

(1)(a) A special needs trust that meets all of the following	54924
requirements:	54925

(i) The trust contains assets of an applicant or recipient	54926
under sixty-five years of age and may contain the assets of other	54927
individuals.	54928

(ii) The applicant or recipient is disabled as defined in	54929
rules adopted by the department of job and family services.	54930

(iii) The trust is established for the benefit of the	54931
applicant or recipient by a parent, grandparent, legal guardian,	54932
or a court.	54933

(iv) The trust requires that on the death of the applicant or	54934
recipient the state will receive all amounts remaining in the	54935
trust up to an amount equal to the total amount of medical	54936
assistance paid on behalf of the applicant or recipient.	54937

(b) If a special needs trust meets the requirements of	54938
division (E)(1)(a) of this section and has been established for a	54939
disabled applicant or recipient under sixty-five years of age, the	54940
exemption for the trust granted pursuant to division (E) of this	54941
section shall continue after the disabled applicant or recipient	54942
becomes sixty-five years of age if the applicant or recipient	54943
continues to be disabled as defined in rules adopted by the	54944
department of job and family services. Except for income earned by	54945
the trust, the grantor shall not add to or otherwise augment the	54946
trust after the applicant or recipient attains sixty-five years of	54947
age. An addition or augmentation of the trust by the applicant or	54948
recipient with the applicant's own assets after the applicant or	54949
recipient attains sixty-five years of age shall be treated as an	54950
improper transfer of resources.	54951

(c) Cash distributions to the applicant or recipient shall be	54952
counted as unearned income. All other distributions from the trust	54953
shall be treated as provided in rules adopted by the department of	54954
job and family services governing in-kind income.	54955

(d) Transfers of assets to a special needs trust shall not be	54956
treated as an improper transfer of resources. Assets held prior to	54957
the transfer to the trust shall be considered as countable assets	54958
or countable income or countable assets and income.	54959

(2)(a) A qualifying income trust that meets all of the	54960
following requirements:	54961

(i) The trust is composed only of pension, social security,	54962
and other income to the applicant or recipient, including	54963
accumulated interest in the trust.	54964

(ii) The income is received by the individual and the right	54965
to receive the income is not assigned or transferred to the trust.	54966

(iii) The trust requires that on the death of the applicant	54967
or recipient the state will receive all amounts remaining in the	54968
trust up to an amount equal to the total amount of medical	54969
assistance paid on behalf of the applicant or recipient.	54970

(b) No resources shall be used to establish or augment the	54971
trust.	54972

(c) If an applicant or recipient has irrevocably transferred	54973
or assigned the applicant's or recipient's right to receive income	54974
to the trust, the trust shall not be considered a qualifying	54975
income trust by the county department of job and family services.	54976

(d) Income placed in a qualifying income trust shall not be	54977
counted in determining an applicant's or recipient's eligibility	54978
for medical assistance. The recipient of the funds may place any	54979
income directly into a qualifying income trust without those funds	54980
adversely affecting the applicant's or recipient's eligibility for	54981
medical assistance. Income generated by the trust that remains in	54982
the trust shall not be considered as income to the applicant or	54983
recipient.	54984

(e) All income placed in a qualifying income trust shall be	54985
combined with any countable income not placed in the trust to	54986
arrive at a base income figure to be used for spend down	54987
calculations.	54988

(f) The base income figure shall be used for post-eligibility	54989
deductions, including personal needs allowance, monthly income	54990
allowance, family allowance, and medical expenses not subject to	54991
third party payment. Any income remaining shall be used toward	54992
payment of patient liability. Payments made from a qualifying	54993
income trust shall not be combined with the base income figure for	54994
post-eligibility calculations.	54995

(g) The base income figure shall be used when determining the	54996
spend down budget for the applicant or recipient. Any income	54997
remaining after allowable deductions are permitted as provided	54998
under rules adopted by the department of job and family services	54999
shall be considered the applicant's or recipient's spend down	55000
liability.	55001

(3)(a) A pooled trust that meets all of the following	55002
requirements:	55003

(i) The trust contains the assets of the applicant or	55004
recipient of any age who is disabled as defined in rules adopted	55005
by the department of job and family services.	55006

(ii) The trust is established and managed by a nonprofit	55007
association.	55008

(iii) A separate account is maintained for each beneficiary	55009
of the trust but, for purposes of investment and management of	55010
funds, the trust pools the funds in these accounts.	55011

(iv) Accounts in the trust are established by the applicant	55012
or recipient, the applicant's or recipient's parent, grandparent,	55013
or legal guardian, or a court solely for the benefit of	55014
individuals who are disabled.	55015

(v) The trust requires that, to the extent that any amounts	55016
remaining in the beneficiary's account on the death of the	55017
beneficiary are not retained by the trust, the trust pay to the	55018
state the amounts remaining in the trust up to an amount equal to	55019
the total amount of medical assistance paid on behalf of the	55020
beneficiary.	55021

(b) Cash distributions to the applicant or recipient shall be	55022
counted as unearned income. All other distributions from the trust	55023
shall be treated as provided in rules adopted by the department of	55024
job and family services governing in-kind income.	55025

(c) Transfers of assets to a pooled trust shall not be	55026
treated as an improper transfer of resources. Assets held prior to	55027
the transfer to the trust shall be considered as countable assets,	55028
countable income, or countable assets and income.	55029

(4) A supplemental services trust that meets the requirements	55030
of section 1339.51 of the Revised Code and to which all of the	55031
following apply:	55032

(a) A person may establish a supplemental services trust	55033
pursuant to section 1339.51 of the Revised Code only for another	55034
person who is eligible to receive services through one of the	55035
following agencies:	55036

(i) The department of mental retardation and developmental	55037
disabilities;	55038

(ii) A county board of mental retardation and developmental	55039
disabilities;	55040

(iii) The department of mental health;

55041

(iv) A board of alcohol, drug addiction, and mental health	55042
services.	55043

(b) A county department of job and family services shall not	55044
determine eligibility for another agency's program. An applicant	55045
or recipient shall do one of the following:	55046

(i) Provide documentation from one of the agencies listed in	55047
division (E)(4)(a) of this section that establishes that the	55048
applicant or recipient was determined to be eligible for services	55049
from the agency at the time of the creation of the trust;	55050

(ii) Provide an order from a court of competent jurisdiction	55051
that states that the applicant or recipient was eligible for	55052
services from one of the agencies listed in division (E)(4)(a) of	55053
this section at the time of the creation of the trust.	55054

(c) At the time the trust is created, the trust principal	55055
does not exceed the maximum amount permitted. The maximum amount	55056
permitted in calendar year 2002 is two hundred fourteen thousand	55057
dollars. Each year thereafter, the maximum amount permitted is the	55058
prior year's amount plus two thousand dollars.	55059

(d) A county department of job and family services shall	55060
review the trust to determine whether it complies with the	55061
provisions of section 1339.51 of the Revised Code.	55062

(e) Payments from supplemental services trusts shall be	55063
exempt as long as the payments are for supplemental services as	55064
defined in rules adopted by the department of job and family	55065
services. All supplemental services shall be purchased by the	55066
trustee and shall not be purchased through direct cash payments to	55067
the beneficiary.	55068

(f) If a trust is represented as a supplemental services	55069
trust and a county department of job and family services	55070
determines that the trust does not meet the requirements provided	55071
in division (E)(4) of this section and section 1339.51 of the	55072
Revised Code, the county department of job and family services	55073
shall not consider it an exempt trust.	55074

(F)(1) A trust or legal instrument or device similar to a	55075
trust shall be considered a trust established by an individual for	55076
the benefit of the applicant or recipient if all of the following	55077
apply:	55078

(a) The trust is created by a person other than the applicant	55079
or recipient.	55080

(b) The trust names the applicant or recipient as a	55081
beneficiary.	55082

(c) The trust is funded with assets or property in which the	55083
applicant or recipient has never held an ownership interest prior	55084
to the establishment of the trust.	55085

(2) Any portion of a trust that meets the requirements of	55086
division (F)(1) of this section shall be an available resource	55087
only if the trust permits the trustee to expend principal, corpus,	55088
or assets of the trust for the applicant's or recipient's medical	55089
care, care, comfort, maintenance, health, welfare, general well	55090
being, or any combination of these purposes.	55091

(3) A trust that meets the requirements of division (F)(1) of	55092
this section shall be considered an available resource even if the	55093
trust contains any of the following types of provisions:	55094

(a) A provision that prohibits the trustee from making	55095
payments that would supplant or replace medical assistance or	55096
other public assistance;	55097

(b) A provision that prohibits the trustee from making	55098
payments that would impact or have an effect on the applicant's or	55099
recipient's right, ability, or opportunity to receive medical	55100
assistance or other public assistance;	55101

(c) A provision that attempts to prevent the trust or its	55102
corpus or principal from being counted as an available resource.	55103

(4) A trust that meets the requirements of division (F)(1) of	55104
this section shall not be counted as an available resource if at	55105
least one of the following circumstances applies:	55106

(a) If a trust contains a clear statement requiring the	55107
trustee to preserve a portion of the trust for another beneficiary	55108
or remainderman, that portion of the trust shall not be counted as	55109
an available resource. Terms of a trust that grant discretion to	55110
preserve a portion of the trust shall not qualify as a clear	55111
statement requiring the trustee to preserve a portion of the	55112
trust.	55113

(b) If a trust contains a clear statement requiring the	55114
trustee to use a portion of the trust for a purpose other than	55115
medical care, care, comfort, maintenance, welfare, or general well	55116
being of the applicant or recipient, that portion of the trust	55117
shall not be counted as an available resource. Terms of a trust	55118
that grant discretion to limit the use of a portion of the trust	55119
shall not qualify as a clear statement requiring the trustee to	55120
use a portion of the trust for a particular purpose.	55121

(c) If a trust contains a clear statement limiting the	55122
trustee to making fixed periodic payments, the trust shall not be	55123
counted as an available resource and payments shall be treated in	55124
accordance with rules adopted by the department of job and family	55125
services governing income. Terms of a trust that grant discretion	55126
to limit payments shall not qualify as a clear statement requiring	55127
the trustee to make fixed periodic payments.	55128

(d) If a trust contains a clear statement that requires the	55129
trustee to terminate the trust if it is counted as an available	55130
resource, the trust shall not be counted as an available resource.	55131
Terms of a trust that grant discretion to terminate the trust do	55132
not qualify as a clear statement requiring the trustee to	55133
terminate the trust.	55134

(e) If a person obtains a judgment from a court of competent	55135
jurisdiction that expressly prevents the trustee from using part	55136
or all of the trust for the medical care, care, comfort,	55137
maintenance, welfare, or general well being of the applicant or	55138
recipient, the trust or that portion of the trust subject to the	55139
court order shall not be counted as a resource.	55140

(f) If a trust is specifically exempt from being counted as	55141
an available resource by a provision of the Revised Code, rules,	55142
or federal law, the trust shall not be counted as a resource.	55143

(g) If an applicant or recipient presents a final judgment	55144
from a court demonstrating that the applicant or recipient was	55145
unsuccessful in a civil action against the trustee to compel	55146
payments from the trust, the trust shall not be counted as an	55147
available resource.	55148

(h) If an applicant or recipient presents a final judgment	55149
from a court demonstrating that in a civil action against the	55150
trustee the applicant or recipient was only able to compel limited	55151
or periodic payments, the trust shall not be counted as an	55152
available resource and payments shall be treated in accordance	55153
with rules adopted by the department of job and family services	55154
governing income.	55155

(i) If an applicant or recipient provides written	55156
documentation showing that the cost of a civil action brought to	55157
compel payments from the trust would be cost prohibitive, the	55158
trust shall not be counted as an available resource.	55159

(5) Any actual payments to the applicant or recipient from a	55160
trust that meet the requirements of division (F)(1) of this	55161
section, including trusts that are not counted as an available	55162
resource, shall be treated as provided in rules adopted by the	55163
department of job and family services governing income. Payments	55164
to any person other than the applicant or recipient shall not be	55165
considered income to the applicant or recipient. Payments from the	55166
trust to a person other than the applicant or recipient shall not	55167
be considered an improper transfer of assets.	55168

Sec. 5111.16. (A) As part of the medicaid program, the	55169
department of job and family services shall establish a care	55170
management system. The department shall submit, if necessary,	55171
applications to the United States department of health and human	55172
services for waivers of federal medicaid requirements that would	55173
otherwise be violated in the implementation of the system.	55174

The department shall implement the care management system in	55175
some or all counties and shall designate the medicaid recipients	55176
who are required or permitted to participate in the system. In the	55177
case of individuals who receive medicaid on the basis of being	55178
aged, blind, or disabled, as specified in division (A)(2) of	55179
section 5111.01 of the Revised Code, all of the following apply:	55180

(1) Not later than July 1, 2004, the department shall	55181
designate a portion of the individuals for participation in the	55182
care management system.	55183

(2) Individuals shall not be designated for participation	55184
unless they reside in a county in which individuals who receive	55185
medicaid on another basis have been designated for participation.	55186

(3) If, pursuant to division (B)(2) of this section, the	55187
department requires or permits the individuals to obtain health	55188
care services through managed care organizations, the department	55189
shall select the managed care organizations to be used by the	55190
individuals through a request for proposals process. The	55191
department shall issue its initial request for proposals not later	55192
than December 31, 2003.	55193

(4) Individuals shall not be required to obtain health care	55194
services through managed care organizations unless they are at	55195
least twenty-one years of age.	55196

(B) Under the care management system, the department may do	55197
both of the following:	55198

(1) Require or permit participants in the system to obtain	55199
health care services from providers designated by the department;	55200

(2) Subject to division (A)(4) of this section, require or	55201
permit participants in the system to obtain health care services	55202
through managed care organizations under contract with the	55203
department pursuant to section 5111.17 of the Revised Code.	55204

(C) The director of job and family services may adopt rules	55205
in accordance with Chapter 119. of the Revised Code to implement	55206
this section.	55207

Sec. 5111.161.  (A) As used in this section, "chronically ill	55208
child" means an individual who is not more than twenty-one years	55209
of age and meets the conditions specified in division (A)(2) of	55210
section 5111.01 of the Revised Code to be eligible for medicaid on	55211
the basis of being blind or disabled.	55212

(B) The department of job and family services shall develop a	55213
pilot program under which chronically ill children are included	55214
among the medicaid recipients who are required to participate in	55215
the care management system established under section 5111.16 of	55216
the Revised Code. The pilot program shall be implemented not later	55217
than October 1, 2003. The department shall operate the program	55218
until October 1, 2005, except that the department shall cease	55219
operation of the program before that date if either of the	55220
following is the case:	55221

(1) The department determines that requiring chronically ill	55222
children to participate in the care management system is not a	55223
cost-effective means of providing medicaid services;	55224

(2) The combined state and federal cost of operating the	55225
program reaches three million dollars.	55226

(C) The department shall ensure that the pilot program is	55227
operated in Hamilton county, Muskingum county, and at least one	55228
other county selected by the department. The department may extend	55229
its operation of the program into the areas surrounding the	55230
counties in which the program is operated.	55231

(D) The purpose of the pilot program shall be to determine	55232
whether occurrences of acute illnesses and hospitalizations among	55233
chronically ill children can be prevented or reduced by	55234
establishing a medical home for the children where care is	55235
administered proactively and in a manner that is accessible,	55236
continuous, family-centered, coordinated, and compassionate. In	55237
establishing a medical home for a chronically ill child, all of	55238
the following apply:	55239

(1) A physician shall serve as the care coordinator for the	55240
child. The care coordinator may be engaged in practice as a	55241
pediatrician certified in pediatrics by a medical specialty board	55242
of the American medical association or American osteopathic	55243
association, a pediatric subspecialist, or a provider for the	55244
bureau of children with medical handicaps within the department of	55245
health. If the physician is in a group practice, any member of the	55246
group practice may serve as the child's care coordinator. The	55247
duties of the care coordinator may be performed by a person acting	55248
under the supervision of the care coordinator.	55249

(2) The child may receive care from any health care	55250
practitioner appropriate to the child's needs, but the care	55251
coordinator shall direct and oversee the child's overall care.	55252

(3) The care coordinator shall establish a relationship of	55253
mutual responsibility with the child's parents or other persons	55254
who are responsible for the child. Under this relationship, the	55255
care coordinator shall commit to developing a long-term disease	55256
prevention strategy and providing disease management and education	55257
services, while the child's parents or other persons who are	55258
responsible for the child shall commit to participate fully in	55259
implementing the child's care management plan.	55260

(4) The medicaid program shall provide reimbursement for the	55261
reasonable and necessary costs of the services associated with	55262
care coordination, including, but not limited to, case management,	55263
care plan oversight, preventive care, health and behavioral care	55264
assessment and intervention, and any service modifier that	55265
reflects the provision of prolonged services or additional care.	55266

(E) The department shall conduct an evaluation of the pilot	55267
program's effectiveness. As part of the evaluation, the department	55268
shall maintain statistics on physician expenditures, hospital	55269
expenditures, preventable hospitalizations, and other matters the	55270
department considers necessary to conduct the evaluation.	55271

(F) The department shall adopt rules in accordance with	55272
Chapter 119. of the Revised Code as necessary to implement this	55273
section. The rules shall specify standards and procedures to be	55274
used in designating the chronically ill children who are required	55275
to participate in the pilot program.	55276

Sec. 5111.17.  (A) On receipt of a waiver from the United	55277
States department of health and human services of any federal	55278
requirement that would otherwise be violated, theThe department	55279
of job and family services may establish in some or all counties a	55280
managed care system under which designated recipients of medical	55281
assistance are required to obtain health care services from	55282
providers designated by the department.	55283

(B) The department may enter into contracts with managed care	55284
organizations to authorize, including health insuring	55285
corporations, under which the organizations are authorized to	55286
provide, or arrange for the provision of, health care services to	55287
medical assistance recipients participating in awho are required	55288
or permitted to obtain health care services through managed care	55289
organizations as part of the care management system established	55290
under this section 5111.16 of the Revised Code.	55291

(C) For the purpose of determining the amount the department	55292
pays hospitals under section 5112.08 of the Revised Code and the	55293
amount of disproportionate share hospital payments paid by the	55294
medicare program established under Title XVIII of the "Social	55295
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,	55296
each managed care organization under contract with the department	55297
to provide hospital services to participating medical assistance	55298
recipients shall keep detailed records for each hospital with	55299
which it contracts about the cost to the hospital of providing the	55300
care, payments made by the organization to the hospital for the	55301
care, utilization of hospital services by medical assistance	55302
recipients participating in managed care, and other utilization	55303
data required by the department.	55304

(D)(B) The director of job and family services may adopt	55305
rules in accordance with Chapter 119. of the Revised Code to	55306
implement this section.	55307

Sec. 5111.171. (A) The department of job and family services	55308
may provide financial incentive awards to managed care	55309
organizations thatunder contract with the department under	55310
pursuant to section 5111.17 of the Revised Code to provide health	55311
care services to participating medical assistance recipients and	55312
that meet or exceed performance standards specified in provider	55313
agreements or rules adopted by the department. The department may	55314
specify in a contract with a managed care organization the amounts	55315
of financial incentive awards, methodology for distributing	55316
awards, types of awards, and standards for administration by the	55317
department.	55318

(B) There is hereby created in the state treasury the health	55319
care compliance fund. The fund shall consist of all fines imposed	55320
on and collected from managed care organizations for failure to	55321
nmeetmeet performance standards or other requirements specified	55322
in provider agreements or rules adopted by the department. All	55323
investment earnings of the fund shall be credited to the fund.	55324
Moneys credited to the fund shall be used solely for the following	55325
purposes:	55326

(1) To reimburse managed care organizations that have paid	55327
fines for failures to meet performance standards or other	55328
requirements and that have come into compliance by meeting	55329
requirements as specified by the department;	55330

(2) To provide financial incentive awards established	55331
pursuant to division (A) of this section and specified in	55332
contracts between managed care organizations and the department.	55333

Sec. 5111.172.  When contracting under section 5111.17 of the	55334
Revised Code with a managed care organization that is a health	55335
insuring corporation, the department of job and family services	55336
may require the health insuring corporation to provide coverage of	55337
prescription drugs for medicaid recipients enrolled in the health	55338
insuring corporation. In providing the required coverage, the	55339
health insuring corporation may, subject to the department's	55340
approval, use strategies for the management of drug utilization.	55341

Sec. 5111.173.  The department of job and family services	55342
shall appoint a temporary manager for a managed care organization	55343
under contract with the department pursuant to section 5111.17 of	55344
the Revised Code if the department determines that the managed	55345
care organization has repeatedly failed to meet substantive	55346
requirements specified in section 1903(m) of the "Social Security	55347
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396b(m), as amended; section	55348
1932 of the Social Security Act, 42 U.S.C. 1396u-2, as amended; or	55349
42 C.F.R. 438 Part I. The appointment of a temporary manager does	55350
not preclude the department from imposing other sanctions	55351
available to the department against the managed care organization.	55352

The managed care organization shall pay all costs of having	55353
the temporary manager perform the temporary manager's duties,	55354
including all costs the temporary manager incurs in performing	55355
those duties. If the temporary manager incurs costs or liabilities	55356
on behalf of the managed care organization, the managed care	55357
organization shall pay those costs and be responsible for those	55358
liabilities.	55359

The appointment of a temporary manager is not subject to	55360
Chapter 119. of the Revised Code, but the managed care	55361
organization may request a reconsideration of the appointment.	55362
Reconsiderations shall be requested and conducted in accordance	55363
with rules the director of job and family services shall adopt in	55364
accordance with Chapter 119. of the Revised Code.	55365

The appointment of a temporary manager does not cause the	55366
managed care organization to lose the right to appeal, in	55367
accordance with Chapter 119. of the Revised Code, any proposed	55368
termination or any decision not to renew the managed care	55369
organization's medicaid provider agreement or the right to	55370
initiate the sale of the managed care organization or its assets.	55371

In addition to the rules required to be adopted under this	55372
section, the director may adopt any other rules necessary to	55373
implement this section. The rules shall be adopted in accordance	55374
with Chapter 119. of the Revised Code.	55375

Sec. 5111.174.  The department of job and family services may	55376
disenroll some or all medicaid recipients enrolled in a managed	55377
care organization under contract with the department pursuant to	55378
section 5111.17 of the Revised Code if the department proposes to	55379
terminate or not to renew the contract and determines that the	55380
recipients' access to medically necessary services is jeopardized	55381
by the proposal to terminate or not to renew the contract. The	55382
disenrollment is not subject to Chapter 119. of the Revised Code,	55383
but the managed care organization may request a reconsideration of	55384
the disenrollment. Reconsiderations shall be requested and	55385
conducted in accordance with rules the director of job and family	55386
services shall adopt in accordance with Chapter 119. of the	55387
Revised Code. The request for, or conduct of, a reconsideration	55388
regarding a proposed disenrollment shall not delay the	55389
disenrollment.	55390

In addition to the rules required to be adopted under this	55391
section, the director may adopt any other rules necessary to	55392
implement this section. The rules shall be adopted in accordance	55393
with Chapter 119. of the Revised Code.	55394

Sec. 5111.175. For the purpose of determining the amount the	55395
department of job and family services pays hospitals under section	55396
5112.08 of the Revised Code and the amount of disproportionate	55397
share hospital payments paid by the medicare program established	55398
under Title XVIII of the "Social Security Act," 79 Stat. 286	55399
(1965), 42 U.S.C. 1396n, as amended, a managed care organization	55400
under contract with the department pursuant to section 5111.17 of	55401
the Revised Code authorizing the organization to provide, or	55402
arrange for the provision of, hospital services to medicaid	55403
recipients shall keep detailed records for each hospital with	55404
which it contracts about the cost to the hospital of providing the	55405
services, payments made by the organization to the hospital for	55406
the services, utilization of hospital services by medicaid	55407
recipients enrolled in the organization, and other utilization	55408
data required by the department.	55409

Sec. 5111.20.  As used in sections 5111.20 to 5111.325111.34	55410
of the Revised Code:	55411

(A) "Allowable costs" are those costs determined by the	55412
department of job and family services to be reasonable and do not	55413
include fines paid under sections 5111.35 to 5111.61 and section	55414
5111.99 of the Revised Code.	55415

(B) "Capital costs" means costs of ownership and nonextensive	55416
renovation.	55417

(1) "Cost of ownership" means the actual expense incurred for	55418
all of the following:	55419

(a) Depreciation and interest on any capital assets that cost	55420
five hundred dollars or more per item, including the following:	55421

(i) Buildings;

55422

(ii) Building improvements that are not approved as	55423
nonextensive renovations under section 5111.25 or 5111.251 of the	55424
Revised Code;	55425

(iii) Equipment;

55426

(iv) Extensive renovations;

55427

(v) Transportation equipment.

55428

(b) Amortization and interest on land improvements and	55429
leasehold improvements;	55430

(c) Amortization of financing costs;

55431

(d) Except as provided in division (I) of this section, lease	55432
and rent of land, building, and equipment.	55433

The costs of capital assets of less than five hundred dollars	55434
per item may be considered costs of ownership in accordance with a	55435
provider's practice.	55436

(2) "Costs of nonextensive renovation" means the actual	55437
expense incurred for depreciation or amortization and interest on	55438
renovations that are not extensive renovations.	55439

(C) "Capital lease" and "operating lease" shall be construed	55440
in accordance with generally accepted accounting principles.	55441

(D) "Case-mix score" means the measure determined under	55442
section 5111.231 of the Revised Code of the relative direct-care	55443
resources needed to provide care and habilitation to a resident of	55444
a nursing facility or intermediate care facility for the mentally	55445
retarded.	55446

(E) "Date of licensure," for a facility originally licensed	55447
as a nursing home under Chapter 3721. of the Revised Code, means	55448
the date specific beds were originally licensed as nursing home	55449
beds under that chapter, regardless of whether they were	55450
subsequently licensed as residential facility beds under section	55451
5123.19 of the Revised Code. For a facility originally licensed as	55452
a residential facility under section 5123.19 of the Revised Code,	55453
"date of licensure" means the date specific beds were originally	55454
licensed as residential facility beds under that section.	55455

(1) If nursing home beds licensed under Chapter 3721. of the	55456
Revised Code or residential facility beds licensed under section	55457
5123.19 of the Revised Code were not required by law to be	55458
licensed when they were originally used to provide nursing home or	55459
residential facility services, "date of licensure" means the date	55460
the beds first were used to provide nursing home or residential	55461
facility services, regardless of the date the present provider	55462
obtained licensure.	55463

(2) If a facility adds nursing home beds or residential	55464
facility beds or extensively renovates all or part of the facility	55465
after its original date of licensure, it will have a different	55466
date of licensure for the additional beds or extensively renovated	55467
portion of the facility, unless the beds are added in a space that	55468
was constructed at the same time as the previously licensed beds	55469
but was not licensed under Chapter 3721. or section 5123.19 of the	55470
Revised Code at that time.	55471

(F) "Desk-reviewed" means that costs as reported on a cost	55472
report submitted under section 5111.26 of the Revised Code have	55473
been subjected to a desk review under division (A) of section	55474
5111.27 of the Revised Code and preliminarily determined to be	55475
allowable costs.	55476

(G) "Direct care costs" means all of the following:

55477

(1)(a) Costs for registered nurses, licensed practical	55478
nurses, and nurse aides employed by the facility;	55479

(b) Costs for direct care staff, administrative nursing	55480
staff, medical directors, social services staff, activities staff,	55481
psychologists and psychology assistants, social workers and	55482
counselors, habilitation staff, qualified mental retardation	55483
professionals, program directors, respiratory therapists,	55484
habilitation supervisors, and except as provided in division	55485
(G)(2) of this section, other persons holding degrees qualifying	55486
them to provide therapy;	55487

(c) Costs of purchased nursing services;

55488

(d) Costs of quality assurance;

55489

(e) Costs of training and staff development, employee	55490
benefits, payroll taxes, and workers' compensation premiums or	55491
costs for self-insurance claims and related costs as specified in	55492
rules adopted by the director of job and family services in	55493
accordance with Chapter 119. of the Revised Code, for personnel	55494
listed in divisions (G)(1)(a), (b), and (d) of this section;	55495

(f) Costs of consulting and management fees related to direct	55496
care;	55497

(g) Allocated direct care home office costs.

55498

(2) In addition to the costs specified in division (G)(1) of	55499
this section, for intermediate care facilities for the mentally	55500
retarded only, direct care costs include both of the following:	55501

(a) Costs for physical therapists and physical therapy	55502
assistants, occupational therapists and occupational therapy	55503
assistants, speech therapists, and audiologists;	55504

(b) Costs of training and staff development, employee	55505
benefits, payroll taxes, and workers' compensation premiums or	55506
costs for self-insurance claims and related costs as specified in	55507
rules adopted by the director of job and family services in	55508
accordance with Chapter 119. of the Revised Code, for personnel	55509
listed in division (G)(2)(a) of this section.	55510

(3) Costs of other direct-care resources that are specified	55511
as direct care costs in rules adopted by the director of job and	55512
family services in accordance with Chapter 119. of the Revised	55513
Code.	55514

(H) "Fiscal year" means the fiscal year of this state, as	55515
specified in section 9.34 of the Revised Code.	55516

(I) "Indirect care costs" means all reasonable costs other	55517
than direct care costs, other protected costs, or capital costs.	55518
"Indirect care costs" includes but is not limited to costs of	55519
habilitation supplies, pharmacy consultants, medical and	55520
habilitation records, program supplies, incontinence supplies,	55521
food, enterals, dietary supplies and personnel, laundry,	55522
housekeeping, security, administration, liability insurance,	55523
bookkeeping, purchasing department, human resources,	55524
communications, travel, dues, license fees, subscriptions, home	55525
office costs not otherwise allocated, legal services, accounting	55526
services, minor equipment, maintenance and repairs, help-wanted	55527
advertising, informational advertising, consumer satisfaction	55528
survey fees paid under section 173.55 of the Revised Code,	55529
start-up costs, organizational expenses, other interest, property	55530
insurance, employee training and staff development, employee	55531
benefits, payroll taxes, and workers' compensation premiums or	55532
costs for self-insurance claims and related costs as specified in	55533
rules adopted by the director of job and family services in	55534
accordance with Chapter 119. of the Revised Code, for personnel	55535
listed in this division. Notwithstanding division (B)(1) of this	55536
section, "indirect care costs" also means the cost of equipment,	55537
including vehicles, acquired by operating lease executed before	55538
December 1, 1992, if the costs are reported as administrative and	55539
general costs on the facility's cost report for the cost reporting	55540
period ending December 31, 1992.	55541

(J) "Inpatient days" means all days during which a resident,	55542
regardless of payment source, occupies a bed in a nursing facility	55543
or intermediate care facility for the mentally retarded that is	55544
included in the facility's certified capacity under Title XIX of	55545
the "Social Security Act," 49 Stat. 610 (1935), 42 U.S.C.A. 301,	55546
as amended. Therapeutic or hospital leave days for which payment	55547
is made under section 5111.33 of the Revised Code are considered	55548
inpatient days proportionate to the percentage of the facility's	55549
per resident per day rate paid for those days.	55550

(K) "Intermediate care facility for the mentally retarded"	55551
means an intermediate care facility for the mentally retarded	55552
certified as in compliance with applicable standards for the	55553
medical assistance program by the director of health in accordance	55554
with Title XIX of the "Social Security Act."	55555

(L) "Maintenance and repair expenses" means, except as	55556
provided in division (X)(Y)(2) of this section, expenditures that	55557
are necessary and proper to maintain an asset in a normally	55558
efficient working condition and that do not extend the useful life	55559
of the asset two years or more. "Maintenance and repair expenses"	55560
includes but is not limited to the cost of ordinary repairs such	55561
as painting and wallpapering.	55562

(M) "Nursing facility" means a facility, or a distinct part	55563
of a facility, that is certified as a nursing facility by the	55564
director of health in accordance with Title XIX of the "Social	55565
Security Act," and is not an intermediate care facility for the	55566
mentally retarded. "Nursing facility" includes a facility, or a	55567
distinct part of a facility, that is certified as a nursing	55568
facility by the director of health in accordance with Title XIX of	55569
the "Social Security Act," and is certified as a skilled nursing	55570
facility by the director in accordance with Title XVIII of the	55571
"Social Security Act."	55572

(N) "Operator" means the person or government entity	55573
responsible for the daily operating and management decisions for a	55574
nursing facility or intermediate care facility for the mentally	55575
retarded.	55576

(O) "Other protected costs" means costs for medical supplies;	55577
real estate, franchise, and property taxes; natural gas, fuel oil,	55578
water, electricity, sewage, and refuse and hazardous medical waste	55579
collection; allocated other protected home office costs; and any	55580
additional costs defined as other protected costs in rules adopted	55581
by the director of job and family services in accordance with	55582
Chapter 119. of the Revised Code.	55583

(O)(P) "Owner" means any person or government entity that has	55584
at least five per cent ownership or interest, either directly,	55585
indirectly, or in any combination, in any of the following	55586
regarding a nursing facility or intermediate care facility for the	55587
mentally retarded:	55588

(a) The land on which the facility is located;

55589

(b) The structure in which the facility is located;

55590

(c) Any mortgage, contract for deed, or other obligation	55591
secured in whole or in part by the land or structure on or in	55592
which the facility is located;	55593

(d) Any lease or sublease of the land or structure on or in	55594
which the facility is located.	55595

(2) "Owner" does not mean a holder of a debenture or bond	55596
related to the nursing facility or intermediate care facility for	55597
the mentally retarded and purchased at public issue or a regulated	55598
lender that has made a loan related to the facility unless the	55599
holder or lender operates the facility directly or through a	55600
subsidiary.	55601

(P)(Q) "Patient" includes "resident."

55602

(Q)(R) Except as provided in divisions (Q)(R)(1) and (2) of	55603
this section, "per diem" means a nursing facility's or	55604
intermediate care facility for the mentally retarded's actual,	55605
allowable costs in a given cost center in a cost reporting period,	55606
divided by the facility's inpatient days for that cost reporting	55607
period.	55608

(1) When calculating indirect care costs for the purpose of	55609
establishing rates under section 5111.24 or 5111.241 of the	55610
Revised Code, "per diem" means a facility's actual, allowable	55611
indirect care costs in a cost reporting period divided by the	55612
greater of the facility's inpatient days for that period or the	55613
number of inpatient days the facility would have had during that	55614
period if its occupancy rate had been eighty-five per cent.	55615

(2) When calculating capital costs for the purpose of	55616
establishing rates under section 5111.25 or 5111.251 of the	55617
Revised Code, "per diem" means a facility's actual, allowable	55618
capital costs in a cost reporting period divided by the greater of	55619
the facility's inpatient days for that period or the number of	55620
inpatient days the facility would have had during that period if	55621
its occupancy rate had been ninety-five per cent.	55622

(R)(S) "Provider" means a person or government entity that	55623
operates a nursing facility or intermediate care facility for the	55624
mentally retarded under a provider agreement.	55625

(S)(T) "Provider agreement" means a contract between the	55626
department of job and family services and a nursing facility or	55627
intermediate care facility for the mentally retarded for the	55628
provision of nursing facility services or intermediate care	55629
facility services for the mentally retarded under the medical	55630
assistance program.	55631

(T)(U) "Purchased nursing services" means services that are	55632
provided in a nursing facility by registered nurses, licensed	55633
practical nurses, or nurse aides who are not employees of the	55634
facility.	55635

(U)(V) "Reasonable" means that a cost is an actual cost that	55636
is appropriate and helpful to develop and maintain the operation	55637
of patient care facilities and activities, including normal	55638
standby costs, and that does not exceed what a prudent buyer pays	55639
for a given item or services. Reasonable costs may vary from	55640
provider to provider and from time to time for the same provider.	55641

(V)(W) "Related party" means an individual or organization	55642
that, to a significant extent, has common ownership with, is	55643
associated or affiliated with, has control of, or is controlled	55644
by, the provider.	55645

(1) An individual who is a relative of an owner is a related	55646
party.	55647

(2) Common ownership exists when an individual or individuals	55648
possess significant ownership or equity in both the provider and	55649
the other organization. Significant ownership or equity exists	55650
when an individual or individuals possess five per cent ownership	55651
or equity in both the provider and a supplier. Significant	55652
ownership or equity is presumed to exist when an individual or	55653
individuals possess ten per cent ownership or equity in both the	55654
provider and another organization from which the provider	55655
purchases or leases real property.	55656

(3) Control exists when an individual or organization has the	55657
power, directly or indirectly, to significantly influence or	55658
direct the actions or policies of an organization.	55659

(4) An individual or organization that supplies goods or	55660
services to a provider shall not be considered a related party if	55661
all of the following conditions are met:	55662

(a) The supplier is a separate bona fide organization.

55663

(b) A substantial part of the supplier's business activity of	55664
the type carried on with the provider is transacted with others	55665
than the provider and there is an open, competitive market for the	55666
types of goods or services the supplier furnishes.	55667

(c) The types of goods or services are commonly obtained by	55668
other nursing facilities or intermediate care facilities for the	55669
mentally retarded from outside organizations and are not a basic	55670
element of patient care ordinarily furnished directly to patients	55671
by the facilities.	55672

(d) The charge to the provider is in line with the charge for	55673
the goods or services in the open market and no more than the	55674
charge made under comparable circumstances to others by the	55675
supplier.	55676

(W)(X) "Relative of owner" means an individual who is related	55677
to an owner of a nursing facility or intermediate care facility	55678
for the mentally retarded by one of the following relationships:	55679

(1) Spouse;

55680

(2) Natural parent, child, or sibling;

55681

(3) Adopted parent, child, or sibling;

55682

(4) Step-parent, step-child, step-brother, or step-sister;

55683

(5) Father-in-law, mother-in-law, son-in-law,	55684
daughter-in-law, brother-in-law, or sister-in-law;	55685

(6) Grandparent or grandchild;

55686

(7) Foster caregiver, foster child, foster brother, or foster	55687
sister.	55688

(X)(Y) "Renovation" and "extensive renovation" mean:

55689

(1) Any betterment, improvement, or restoration of a nursing	55690
facility or intermediate care facility for the mentally retarded	55691
started before July 1, 1993, that meets the definition of a	55692
renovation or extensive renovation established in rules adopted by	55693
the director of job and family services in effect on December 22,	55694
1992.	55695

(2) In the case of betterments, improvements, and	55696
restorations of nursing facilities and intermediate care	55697
facilities for the mentally retarded started on or after July 1,	55698
1993:	55699

(a) "Renovation" means the betterment, improvement, or	55700
restoration of a nursing facility or intermediate care facility	55701
for the mentally retarded beyond its current functional capacity	55702
through a structural change that costs at least five hundred	55703
dollars per bed. A renovation may include betterment, improvement,	55704
restoration, or replacement of assets that are affixed to the	55705
building and have a useful life of at least five years. A	55706
renovation may include costs that otherwise would be considered	55707
maintenance and repair expenses if they are an integral part of	55708
the structural change that makes up the renovation project.	55709
"Renovation" does not mean construction of additional space for	55710
beds that will be added to a facility's licensed or certified	55711
capacity.	55712

(b) "Extensive renovation" means a renovation that costs more	55713
than sixty-five per cent and no more than eighty-five per cent of	55714
the cost of constructing a new bed and that extends the useful	55715
life of the assets for at least ten years.	55716

For the purposes of division (X)(Y)(2) of this section, the	55717
cost of constructing a new bed shall be considered to be forty	55718
thousand dollars, adjusted for the estimated rate of inflation	55719
from January 1, 1993, to the end of the calendar year during which	55720
the renovation is completed, using the consumer price index for	55721
shelter costs for all urban consumers for the north central	55722
region, as published by the United States bureau of labor	55723
statistics.	55724

The department of job and family services may treat a	55725
renovation that costs more than eighty-five per cent of the cost	55726
of constructing new beds as an extensive renovation if the	55727
department determines that the renovation is more prudent than	55728
construction of new beds.	55729

Sec. 5111.206. (A) As used in this section, "nursing	55730
facility" has the same meaning as in section 5111.20 of the	55731
Revised Code.	55732

(B) To the extent funds are available, the director of job	55733
and family services may establish the Ohio access success project	55734
to help medicaid recipients make the transition from residing in a	55735
nursing facility to residing in a community setting. The program	55736
may be established as a separate non-medicaid program or	55737
integrated into a new or existing Medicaid home and	55738
community-based services program established under a waiver	55739
approved by the federal centers for medicare and medicaid	55740
services. The department may limit the number of program	55741
participants.	55742

To be eligible for benefits under the project, a medicaid	55743
recipient must satisfy all of the following requirements:	55744

(1) Be a recipient of medicaid-funded nursing facility care,	55745
at the time of applying for the benefits;	55746

(2) Have resided continuously in a nursing facility since	55747
January 1, 2002;	55748

(3) Need the level of care provided by nursing facilities;

55749

(4) For participation in a non-medicaid program, receive	55750
services to remain in the community with a projected cost not	55751
exceeding eighty per cent of the average monthly medicaid cost of	55752
a medicaid recipient in a nursing facility;	55753

(5) For participation in a program established under a home	55754
and community-based services waiver, meet waiver enrollment	55755
criteria.	55756

(C) If the director establishes the Ohio access success	55757
project, the benefits provided under the project may include	55758
payment of all of the following:	55759

(1) The first month's rent in a community setting;

55760

(2) Rental deposits;

55761

(3) Utility deposits;

55762

(4) Moving expenses;

55763

(5) Other expenses not covered by the medicaid program that	55764
facilitate a medicaid recipient's move from a nursing facility to	55765
a community setting.	55766

(D) If the project is established as a non-medicaid program,	55767
no participant may receive more than two thousand dollars worth of	55768
benefits under the project.	55769

(E) The director may submit a request to the United States	55770
secretary of health and human services pursuant to section 1915 of	55771
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n,	55772
as amended, to create a medicaid home and community-based services	55773
waiver programs to serve individuals who meet the criteria for	55774
participation in the Ohio access success project. The director may	55775
adopt rules under Chapter 119. of the Revised Code for the	55776
administration and operation of the program.	55777

Sec. 5111.21.  (A) Subject to sections 5111.01, 5111.011,	55778
5111.012, and 5111.02, and 5111.6810 of the Revised Code, the	55779
department of job and family services shall pay, as provided in	55780
sections 5111.20 to 5111.32 of the Revised Code, the reasonable	55781
costs of services provided to an eligible medicaid recipient by an	55782
eligible nursing facility or intermediate care facility for the	55783
mentally retarded.	55784

In order to be eligible for medical assistance payments, an	55785
operator of a nursing facility or intermediate care facility for	55786
the mentally retarded shall do all of the following:	55787

(1) Enter into a provider agreement with the department as	55788
provided in section 5111.22, 5111.671, or 5111.672 of the Revised	55789
Code;	55790

(2) Apply for and maintain a valid license to operate if so	55791
required by law;	55792

(3) Comply with all applicable state and federal laws and	55793
rules.	55794

(B) AAn operator of a nursing facility that elects to obtain	55795
and maintain eligibility for payments under the medicaremedicaid	55796
program established by Title XVIII of the "Social Security Act,"	55797
49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended mayshall qualify	55798
all or part of the facilityof the facility's medicaid-certified	55799
beds in the medicare program established by Title XVIII of the	55800
"Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395. The	55801
director of job and family services may adopt rules in accordance	55802
with Chapter 119. of the Revised Code to establish the time frame	55803
in which a nursing facility must comply with this requirement.	55804

Sec. 5111.22.  A provider agreement between the department of	55805
job and family services and an operator of a nursing facility or	55806
intermediate care facility for the mentally retarded shall contain	55807
the following provisions:	55808

(A) The department agrees to:

55809

(1) Makemake payments to the nursing facility or	55810
intermediate care facility for the mentally retarded for patients	55811
eligible for services under the medical assistance program as	55812
provided in sections 5111.20 to 5111.32 of the Revised Code. No	55813
payment shall be made for the day a recipient is discharged from	55814
the facility.	55815

(2) Provide copies of rules governing the facility's	55816
participation as a provider in the medical assistance program.	55817
Whenever the director of job and family services files a proposed	55818
rule or proposed rule in revised form under division (D) of	55819
section 111.15 or division (B) of section 119.03 of the Revised	55820
Code, the department shall provide the facility with one copy of	55821
such rule. In the case of a rescission or proposed rescission of a	55822
rule, the department may provide the rule number and title instead	55823
of the rules rescinded or proposed to be rescinded.	55824

(B) The provideroperator agrees to:

55825

(1) Maintain eligibility as provided in section 5111.21 of	55826
the Revised Code;	55827

(2) Keep records relating to a cost reporting period for the	55828
greater of seven years after the cost report is filed or, if the	55829
department issues an audit report in accordance with division (B)	55830
of section 5111.27 of the Revised Code, six years after all appeal	55831
rights relating to the audit report are exhausted;	55832

(3) File reports as required by the department;

55833

(4) Open all records relating to the costs of its services	55834
for inspection and audit by the department;	55835

(5) Open its premises for inspection by the department, the	55836
department of health, and any other state or local authority	55837
having authority to inspect;	55838

(6) Supply to the department such information as it requires	55839
concerning the facility's services to patients who are or are	55840
eligible to be medicaid recipients;	55841

(7) Comply with section 5111.31 of the Revised Code.

55842

The provider agreement may contain other provisions that are	55843
consistent with law and considered necessary by the department.	55844

A provider agreement shall be effective for no longer than	55845
twelve months, except that if federal statute or regulations	55846
authorize a longer term, it may be effective for a longer term so	55847
authorized. A provider agreement may be renewed only if the	55848
facility is certified by the department of health for	55849
participation in the medicaid program.	55850

The department of job and family services, in accordance with	55851
rules adopted by the director pursuant to Chapter 119. of the	55852
Revised Code, may elect not to enter into, not to renew, or to	55853
terminate a provider agreement when the department determines that	55854
such an agreement would not be in the best interests of the	55855
recipients or of the state.	55856

Sec. 5111.222. An operator of a nursing facility or	55857
intermediate care facility for the mentally retarded may enter	55858
into provider agreements for more than one nursing facility or	55859
intermediate care facility for the mentally retarded.	55860

Sec. 5111.25.  (A) The department of job and family services	55861
shall pay each eligible nursing facility a per resident per day	55862
rate for its reasonable capital costs established prospectively	55863
each fiscal year for each facility. Except as otherwise provided	55864
in sections 5111.20 to 5111.32 of the Revised Code, the rate shall	55865
be based on the facility's capital costs for the calendar year	55866
preceding the fiscal year in which the rate will be paid. The rate	55867
shall equal the sum of divisions (A)(1) to (3) of this section:	55868

(1) The lesser of the following:

55869

(a) Eighty-eight and sixty-five one-hundredths per cent of	55870
the facility's desk-reviewed, actual, allowable, per diem cost of	55871
ownership and eighty-five per cent of the facility's actual,	55872
allowable, per diem cost of nonextensive renovation determined	55873
under division (F) of this section;	55874

(b) Eighty-eight and sixty-five one-hundredths per cent of	55875
the following limitation:	55876

(i) For the fiscal year beginning July 1, 1993, sixteen	55877
dollars per resident day;	55878

(ii) For the fiscal year beginning July 1, 1994, sixteen	55879
dollars per resident day, adjusted to reflect the rate of	55880
inflation for the twelve-month period beginning July 1, 1992, and	55881
ending June 30, 1993, using the consumer price index for shelter	55882
costs for all urban consumers for the north central region,	55883
published by the United States bureau of labor statistics;	55884

(iii) For subsequent fiscal years, the limitation in effect	55885
during the previous fiscal year, adjusted to reflect the rate of	55886
inflation for the twelve-month period beginning on the first day	55887
of July for the calendar year preceding the calendar year that	55888
precedes the fiscal year and ending on the following thirtieth day	55889
of June, using the consumer price index for shelter costs for all	55890
urban consumers for the north central region, published by the	55891
United States bureau of labor statistics.	55892

(2) Any efficiency incentive determined under division (D) of	55893
this section;	55894

(3) Any amounts for return on equity determined under	55895
division (H) of this section.	55896

Buildings shall be depreciated using the straight line method	55897
over forty years or over a different period approved by the	55898
department. Components and equipment shall be depreciated using	55899
the straight-line method over a period designated in rules adopted	55900
by the director of job and family services in accordance with	55901
Chapter 119. of the Revised Code, consistent with the guidelines	55902
of the American hospital association, or over a different period	55903
approved by the department. Any rules adopted under this division	55904
that specify useful lives of buildings, components, or equipment	55905
apply only to assets acquired on or after July 1, 1993.	55906
Depreciation for costs paid or reimbursed by any government agency	55907
shall not be included in cost of ownership or renovation unless	55908
that part of the payment under sections 5111.20 to 5111.32 of the	55909
Revised Code is used to reimburse the government agency.	55910

(B) The capital cost basis of nursing facility assets shall	55911
be determined in the following manner:	55912

(1) For purposes of calculating the rate to be paid for the	55913
fiscal year beginning July 1, 1993, for facilities with dates of	55914
licensure on or before June 30, 1993, the capital cost basis shall	55915
be equal to the following:	55916

(a) For facilities that have not had a change of ownership	55917
during the period beginning January 1, 1993, and ending June 30,	55918
1993, the desk-reviewed, actual, allowable capital cost basis that	55919
is listed on the facility's cost report for the cost reporting	55920
period ending December 31, 1992, plus the actual, allowable	55921
capital cost basis of any assets constructed or acquired after	55922
December 31, 1992, but before July 1, 1993, if the aggregate	55923
capital costs of those assets would increase the facility's rate	55924
for capital costs by twenty or more cents per resident per day.	55925

(b) For facilities that have a date of licensure or had a	55926
change of ownership during the period beginning January 1, 1993,	55927
and ending June 30, 1993, the actual, allowable capital cost basis	55928
of the person or government entity that owns the facility on June	55929
30, 1993.	55930

Capital cost basis shall be calculated as provided in	55931
division (B)(1) of this section subject to approval by the United	55932
States health care financing administration of any necessary	55933
amendment to the state plan for providing medical assistance.	55934

The department shall include the actual, allowable capital	55935
cost basis of assets constructed or acquired during the period	55936
beginning January 1, 1993, and ending June 30, 1993, in the	55937
calculation for the facility's rate effective July 1, 1993, if the	55938
aggregate capital costs of the assets would increase the	55939
facility's rate by twenty or more cents per resident per day and	55940
the facility provides the department with sufficient documentation	55941
of the costs before June 1, 1993. If the facility provides the	55942
documentation after that date, the department shall adjust the	55943
facility's rate to reflect the costs of the assets one month after	55944
the first day of the month after the department receives the	55945
documentation.	55946

(2) Except as provided in division (B)(4) of this section,	55947
for purposes of calculating the rates to be paid for fiscal years	55948
beginning after June 30, 1994, for facilities with dates of	55949
licensure on or before June 30, 1993, the capital cost basis of	55950
each asset shall be equal to the desk-reviewed, actual, allowable,	55951
capital cost basis that is listed on the facility's cost report	55952
for the calendar year preceding the fiscal year during which the	55953
rate will be paid.	55954

(3) For facilities with dates of licensure after June 30,	55955
1993, the capital cost basis shall be determined in accordance	55956
with the principles of the medicare program established under	55957
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	55958
U.S.C.A. 301, as amended, except as otherwise provided in sections	55959
5111.20 to 5111.32 of the Revised Code.	55960

(4) Except as provided in division (B)(5) of this section, if	55961
a provider transfers an interest in a facility to another provider	55962
after June 30, 1993, there shall be no increase in the capital	55963
cost basis of the asset if the providers are related parties. If	55964
the providers are not related parties or if they are related	55965
parties and division (B)(5) of this section requires the	55966
adjustment of the capital cost basis under this division, the	55967
basis of the asset shall be adjusted by the lesser of the	55968
following:	55969

(a) One-half of the change in construction costs during the	55970
time that the transferor held the asset, as calculated by the	55971
department of job and family services using the "Dodge building	55972
cost indexes, northeastern and north central states," published by	55973
Marshall and Swift;	55974

(b) One-half of the change in the consumer price index for	55975
all items for all urban consumers, as published by the United	55976
States bureau of labor statistics, during the time that the	55977
transferor held the asset.	55978

(5) If a provider transfers an interest in a facility to	55979
another provider who is a related party, the capital cost basis of	55980
the asset shall be adjusted as specified in division (B)(4) of	55981
this section for a transfer to a provider that is not a related	55982
party if all of the following conditions are met:	55983

(a) The related party is a relative of owner;

55984

(b) Except as provided in division (B)(5)(c)(ii) of this	55985
section, the provider making the transfer retains no ownership	55986
interest in the facility;	55987

(c) The department of job and family services determines that	55988
the transfer is an arm's length transaction pursuant to rules the	55989
department shall adopt in accordance with Chapter 119. of the	55990
Revised Code no later than December 31, 2000. The rules shall	55991
provide that a transfer is an arm's length transaction if all of	55992
the following apply:	55993

(i) Once the transfer goes into effect, the provider that	55994
made the transfer has no direct or indirect interest in the	55995
provider that acquires the facility or the facility itself,	55996
including interest as an owner, officer, director, employee,	55997
independent contractor, or consultant, but excluding interest as a	55998
creditor.	55999

(ii) The provider that made the transfer does not reacquire	56000
an interest in the facility except through the exercise of a	56001
creditor's rights in the event of a default. If the provider	56002
reacquires an interest in the facility in this manner, the	56003
department shall treat the facility as if the transfer never	56004
occurred when the department calculates its reimbursement rates	56005
for capital costs.	56006

(iii) The transfer satisfies any other criteria specified in	56007
the rules.	56008

(d) Except in the case of hardship caused by a catastrophic	56009
event, as determined by the department, or in the case of a	56010
provider making the transfer who is at least sixty-five years of	56011
age, not less than twenty years have elapsed since, for the same	56012
facility, the capital cost basis was adjusted most recently under	56013
division (B)(5) of this section or actual, allowable cost of	56014
ownership was determined most recently under division (C)(9) of	56015
this section.	56016

(C) As used in this division, "lease expense" means lease	56017
payments in the case of an operating lease and depreciation	56018
expense and interest expense in the case of a capital lease. As	56019
used in this division, "new lease" means a lease, to a different	56020
lessee, of a nursing facility that previously was operated under a	56021
lease.	56022

(1) Subject to the limitation specified in division (A)(1) of	56023
this section, for a lease of a facility that was effective on May	56024
27, 1992, the entire lease expense is an actual, allowable cost of	56025
ownership during the term of the existing lease. The entire lease	56026
expense also is an actual, allowable cost of ownership if a lease	56027
in existence on May 27, 1992, is renewed under either of the	56028
following circumstances:	56029

(a) The renewal is pursuant to a renewal option that was in	56030
existence on May 27, 1992;	56031

(b) The renewal is for the same lease payment amount and	56032
between the same parties as the lease in existence on May 27,	56033
1992.	56034

(2) Subject to the limitation specified in division (A)(1) of	56035
this section, for a lease of a facility that was in existence but	56036
not operated under a lease on May 27, 1992, actual, allowable cost	56037
of ownership shall include the lesser of the annual lease expense	56038
or the annual depreciation expense and imputed interest expense	56039
that would be calculated at the inception of the lease using the	56040
lessor's entire historical capital asset cost basis, adjusted by	56041
the lesser of the following amounts:	56042

(a) One-half of the change in construction costs during the	56043
time the lessor held each asset until the beginning of the lease,	56044
as calculated by the department using the "Dodge building cost	56045
indexes, northeastern and north central states," published by	56046
Marshall and Swift;	56047

(b) One-half of the change in the consumer price index for	56048
all items for all urban consumers, as published by the United	56049
States bureau of labor statistics, during the time the lessor held	56050
each asset until the beginning of the lease.	56051

(3) Subject to the limitation specified in division (A)(1) of	56052
this section, for a lease of a facility with a date of licensure	56053
on or after May 27, 1992, that is initially operated under a	56054
lease, actual, allowable cost of ownership shall include the	56055
annual lease expense if there was a substantial commitment of	56056
money for construction of the facility after December 22, 1992,	56057
and before July 1, 1993. If there was not a substantial commitment	56058
of money after December 22, 1992, and before July 1, 1993, actual,	56059
allowable cost of ownership shall include the lesser of the annual	56060
lease expense or the sum of the following:	56061

(a) The annual depreciation expense that would be calculated	56062
at the inception of the lease using the lessor's entire historical	56063
capital asset cost basis;	56064

(b) The greater of the lessor's actual annual amortization of	56065
financing costs and interest expense at the inception of the lease	56066
or the imputed interest expense calculated at the inception of the	56067
lease using seventy per cent of the lessor's historical capital	56068
asset cost basis.	56069

(4) Subject to the limitation specified in division (A)(1) of	56070
this section, for a lease of a facility with a date of licensure	56071
on or after May 27, 1992, that was not initially operated under a	56072
lease and has been in existence for ten years, actual, allowable	56073
cost of ownership shall include the lesser of the annual lease	56074
expense or the annual depreciation expense and imputed interest	56075
expense that would be calculated at the inception of the lease	56076
using the entire historical capital asset cost basis of the	56077
lessor, adjusted by the lesser of the following:	56078

(a) One-half of the change in construction costs during the	56079
time the lessor held each asset until the beginning of the lease,	56080
as calculated by the department using the "Dodge building cost	56081
indexes, northeastern and north central states," published by	56082
Marshall and Swift;	56083

(b) One-half of the change in the consumer price index for	56084
all items for all urban consumers, as published by the United	56085
States bureau of labor statistics, during the time the lessor held	56086
each asset until the beginning of the lease.	56087

(5) Subject to the limitation specified in division (A)(1) of	56088
this section, for a new lease of a facility that was operated	56089
under a lease on May 27, 1992, actual, allowable cost of ownership	56090
shall include the lesser of the annual new lease expense or the	56091
annual old lease payment. If the old lease was in effect for ten	56092
years or longer, the old lease payment from the beginning of the	56093
old lease shall be adjusted by the lesser of the following:	56094

(a) One-half of the change in construction costs from the	56095
beginning of the old lease to the beginning of the new lease, as	56096
calculated by the department using the "Dodge building cost	56097
indexes, northeastern and north central states," published by	56098
Marshall and Swift;	56099

(b) One-half of the change in the consumer price index for	56100
all items for all urban consumers, as published by the United	56101
States bureau of labor statistics, from the beginning of the old	56102
lease to the beginning of the new lease.	56103

(6) Subject to the limitation specified in division (A)(1) of	56104
this section, for a new lease of a facility that was not in	56105
existence or that was in existence but not operated under a lease	56106
on May 27, 1992, actual, allowable cost of ownership shall include	56107
the lesser of annual new lease expense or the annual amount	56108
calculated for the old lease under division (C)(2), (3), (4), or	56109
(6) of this section, as applicable. If the old lease was in effect	56110
for ten years or longer, the lessor's historical capital asset	56111
cost basis shall be adjusted by the lesser of the following for	56112
purposes of calculating the annual amount under division (C)(2),	56113
(3), (4), or (6) of this section:	56114

(a) One-half of the change in construction costs from the	56115
beginning of the old lease to the beginning of the new lease, as	56116
calculated by the department using the "Dodge building cost	56117
indexes, northeastern and north central states," published by	56118
Marshall and Swift;	56119

(b) One-half of the change in the consumer price index for	56120
all items for all urban consumers, as published by the United	56121
States bureau of labor statistics, from the beginning of the old	56122
lease to the beginning of the new lease.	56123

In the case of a lease under division (C)(3) of this section	56124
of a facility for which a substantial commitment of money was made	56125
after December 22, 1992, and before July 1, 1993, the old lease	56126
payment shall be adjusted for the purpose of determining the	56127
annual amount.	56128

(7) For any revision of a lease described in division (C)(1),	56129
(2), (3), (4), (5), or (6) of this section, or for any subsequent	56130
lease of a facility operated under such a lease, other than	56131
execution of a new lease, the portion of actual, allowable cost of	56132
ownership attributable to the lease shall be the same as before	56133
the revision or subsequent lease.	56134

(8) Except as provided in division (C)(9) of this section, if	56135
a provider leases an interest in a facility to another provider	56136
who is a related party, the related party's actual, allowable cost	56137
of ownership shall include the lesser of the annual lease expense	56138
or the reasonable cost to the lessor.	56139

(9) If a provider leases an interest in a facility to another	56140
provider who is a related party, regardless of the date of the	56141
lease, the related party's actual, allowable cost of ownership	56142
shall include the annual lease expense, subject to the limitations	56143
specified in divisions (C)(1) to (7) of this section, if all of	56144
the following conditions are met:	56145

(a) The related party is a relative of owner;

56146

(b) If the lessor retains an ownership interest, it is,	56147
except as provided in division (C)(9)(c)(ii) of this section, in	56148
only the real property and any improvements on the real property;	56149

(c) The department of job and family services determines that	56150
the lease is an arm's length transaction pursuant to rules the	56151
department shall adopt in accordance with Chapter 119. of the	56152
Revised Code no later than December 31, 2000. The rules shall	56153
provide that a lease is an arm's length transaction if all of the	56154
following apply:	56155

(i) Once the lease goes into effect, the lessor has no direct	56156
or indirect interest in the lessee or, except as provided in	56157
division (C)(9)(b) of this section, the facility itself, including	56158
interest as an owner, officer, director, employee, independent	56159
contractor, or consultant, but excluding interest as a lessor.	56160

(ii) The lessor does not reacquire an interest in the	56161
facility except through the exercise of a lessor's rights in the	56162
event of a default. If the lessor reacquires an interest in the	56163
facility in this manner, the department shall treat the facility	56164
as if the lease never occurred when the department calculates its	56165
reimbursement rates for capital costs.	56166

(iii) The lease satisfies any other criteria specified in the	56167
rules.	56168

(d) Except in the case of hardship caused by a catastrophic	56169
event, as determined by the department, or in the case of a lessor	56170
who is at least sixty-five years of age, not less than twenty	56171
years have elapsed since, for the same facility, the capital cost	56172
basis was adjusted most recently under division (B)(5) of this	56173
section or actual, allowable cost of ownership was determined most	56174
recently under division (C)(9) of this section.	56175

(10) This division does not apply to leases of specific items	56176
of equipment.	56177

(D)(1) Subject to division (D)(2) of this section, the	56178
department shall pay each nursing facility an efficiency incentive	56179
that is equal to fifty per cent of the difference between the	56180
following:	56181

(a) Eighty-eight and sixty-five one-hundredths per cent of	56182
the facility's desk-reviewed, actual, allowable, per diem cost of	56183
ownership;	56184

(b) The applicable amount specified in division (E) of this	56185
section.	56186

(2) The efficiency incentive paid to a nursing facility shall	56187
not exceed the greater of the following:	56188

(a) The efficiency incentive the facility was paid during the	56189
fiscal year ending June 30, 1994;	56190

(b) Three dollars per resident per day, adjusted annually for	56191
rates paid beginning July 1, 1994, for the inflation rate for the	56192
twelve-month period beginning on the first day of July of the	56193
calendar year preceding the calendar year that precedes the fiscal	56194
year for which the efficiency incentive is determined and ending	56195
on the thirtieth day of the following June, using the consumer	56196
price index for shelter costs for all urban consumers for the	56197
north central region, as published by the United States bureau of	56198
labor statistics.	56199

(3) For purposes of calculating the efficiency incentive,	56200
depreciation for costs that are paid or reimbursed by any	56201
government agency shall be considered as costs of ownership, and	56202
renovation costs that are paid under division (F) of this section	56203
shall not be considered costs of ownership.	56204

(E) The following amounts shall be used to calculate	56205
efficiency incentives for nursing facilities under this section:	56206

(1) For facilities with dates of licensure prior to January	56207
1, 1958, four dollars and twenty-four cents per patient day;	56208

(2) For facilities with dates of licensure after December 31,	56209
1957, but prior to January 1, 1968:	56210

(a) Five dollars and twenty-four cents per patient day if the	56211
cost of construction was three thousand five hundred dollars or	56212
more per bed;	56213

(b) Four dollars and twenty-four cents per patient day if the	56214
cost of construction was less than three thousand five hundred	56215
dollars per bed.	56216

(3) For facilities with dates of licensure after December 31,	56217
1967, but prior to January 1, 1976:	56218

(a) Six dollars and twenty-four cents per patient day if the	56219
cost of construction was five thousand one hundred fifty dollars	56220
or more per bed;	56221

(b) Five dollars and twenty-four cents per patient day if the	56222
cost of construction was less than five thousand one hundred fifty	56223
dollars per bed, but exceeded three thousand five hundred dollars	56224
per bed;	56225

(c) Four dollars and twenty-four cents per patient day if the	56226
cost of construction was three thousand five hundred dollars or	56227
less per bed.	56228

(4) For facilities with dates of licensure after December 31,	56229
1975, but prior to January 1, 1979:	56230

(a) Seven dollars and twenty-four cents per patient day if	56231
the cost of construction was six thousand eight hundred dollars or	56232
more per bed;	56233

(b) Six dollars and twenty-four cents per patient day if the	56234
cost of construction was less than six thousand eight hundred	56235
dollars per bed but exceeded five thousand one hundred fifty	56236
dollars per bed;	56237

(c) Five dollars and twenty-four cents per patient day if the	56238
cost of construction was five thousand one hundred fifty dollars	56239
or less per bed, but exceeded three thousand five hundred dollars	56240
per bed;	56241

(d) Four dollars and twenty-four cents per patient day if the	56242
cost of construction was three thousand five hundred dollars or	56243
less per bed.	56244

(5) For facilities with dates of licensure after December 31,	56245
1978, but prior to January 1, 1981:	56246

(a) Seven dollars and seventy-four cents per patient day if	56247
the cost of construction was seven thousand six hundred	56248
twenty-five dollars or more per bed;	56249

(b) Seven dollars and twenty-four cents per patient day if	56250
the cost of construction was less than seven thousand six hundred	56251
twenty-five dollars per bed but exceeded six thousand eight	56252
hundred dollars per bed;	56253

(c) Six dollars and twenty-four cents per patient day if the	56254
cost of construction was six thousand eight hundred dollars or	56255
less per bed but exceeded five thousand one hundred fifty dollars	56256
per bed;	56257

(d) Five dollars and twenty-four cents per patient day if the	56258
cost of construction was five thousand one hundred fifty dollars	56259
or less but exceeded three thousand five hundred dollars per bed;	56260

(e) Four dollars and twenty-four cents per patient day if the	56261
cost of construction was three thousand five hundred dollars or	56262
less per bed.	56263

(6) For facilities with dates of licensure in 1981 or any	56264
year thereafter prior to December 22, 1992, the following amount:	56265

(a) For facilities with construction costs less than seven	56266
thousand six hundred twenty-five dollars per bed, the applicable	56267
amounts for the construction costs specified in divisions	56268
(E)(5)(b) to (e) of this section;	56269

(b) For facilities with construction costs of seven thousand	56270
six hundred twenty-five dollars or more per bed, six dollars per	56271
patient day, provided that for 1981 and annually thereafter prior	56272
to December 22, 1992, the department shall do both of the	56273
following to the six-dollar amount:	56274

(i) Adjust the amount for fluctuations in construction costs	56275
calculated by the department using the "Dodge building cost	56276
indexes, northeastern and north central states," published by	56277
Marshall and Swift, using 1980 as the base year;	56278

(ii) Increase the amount, as adjusted for inflation under	56279
division (E)(6)(b)(i) of this section, by one dollar and	56280
seventy-four cents.	56281

(7) For facilities with dates of licensure on or after	56282
January 1, 1992, seven dollars and ninety-seven cents, adjusted	56283
for fluctuations in construction costs between 1991 and 1993 as	56284
calculated by the department using the "Dodge building cost	56285
indexes, northeastern and north central states," published by	56286
Marshall and Swift, and then increased by one dollar and	56287
seventy-four cents.	56288

For the fiscal year that begins July 1, 1994, each of the	56289
amounts listed in divisions (E)(1) to (7) of this section shall be	56290
increased by twenty-five cents. For the fiscal year that begins	56291
July 1, 1995, each of those amounts shall be increased by an	56292
additional twenty-five cents. For subsequent fiscal years, each of	56293
those amounts, as increased for the prior fiscal year, shall be	56294
adjusted to reflect the rate of inflation for the twelve-month	56295
period beginning on the first day of July of the calendar year	56296
preceding the calendar year that precedes the fiscal year and	56297
ending on the following thirtieth day of June, using the consumer	56298
price index for shelter costs for all urban consumers for the	56299
north central region, as published by the United States bureau of	56300
labor statistics.	56301

If the amount established for a nursing facility under this	56302
division is less than the amount that applied to the facility	56303
under division (B) of former section 5111.25 of the Revised Code,	56304
as the former section existed immediately prior to December 22,	56305
1992, the amount used to calculate the efficiency incentive for	56306
the facility under division (D)(2) of this section shall be the	56307
amount that was calculated under division (B) of the former	56308
section.	56309

(F) Beginning July 1, 1993, regardless of the facility's date	56310
of licensure or the date of the nonextensive renovations, the rate	56311
for the costs of nonextensive renovations for nursing facilities	56312
shall be eighty-five per cent of the desk-reviewed, actual,	56313
allowable, per diem, nonextensive renovation costs. This division	56314
applies to nonextensive renovations regardless of whether they are	56315
made by an owner or a lessee. If the tenancy of a lessee that has	56316
made nonextensive renovations ends before the depreciation expense	56317
for the renovation costs has been fully reported, the former	56318
lessee shall not report the undepreciated balance as an expense.	56319

(1) For a nonextensive renovation made after July 1, 1993, to	56320
qualify for payment under this division, both of the following	56321
conditions must be met:	56322

(a) At least five years have elapsed since the date of	56323
licensure of the portion of the facility that is proposed to be	56324
renovated, except that this condition does not apply if the	56325
renovation is necessary to meet the requirements of federal,	56326
state, or local statutes, ordinances, rules, or policies.	56327

(b) The provider has obtained prior approval from the	56328
department of job and family services, and if required the	56329
director of health has granted a certificate of need for the	56330
renovation under section 3702.52 of the Revised Code. The provider	56331
shall submit a plan that describes in detail the changes in	56332
capital assets to be accomplished by means of the renovation and	56333
the timetable for completing the project. The time for completion	56334
of the project shall be no more than eighteen months after the	56335
renovation begins. The department of job and family services shall	56336
adopt rules in accordance with Chapter 119. of the Revised Code	56337
that specify criteria and procedures for prior approval of	56338
renovation projects. No provider shall separate a project with the	56339
intent to evade the characterization of the project as a	56340
renovation or as an extensive renovation. No provider shall	56341
increase the scope of a project after it is approved by the	56342
department of job and family services unless the increase in scope	56343
is approved by the department.	56344

(2) The payment provided for in this division is the only	56345
payment that shall be made for the costs of a nonextensive	56346
renovation. Nonextensive renovation costs shall not be included in	56347
costs of ownership, and a nonextensive renovation shall not affect	56348
the date of licensure for purposes of calculating the efficiency	56349
incentive under divisions (D) and (E) of this section.	56350

(G) The owner of a nursing facility operating under a	56351
provider agreement shall provide written notice to the department	56352
of job and family services at least forty-five days prior to	56353
entering into any contract of sale for the facility or voluntarily	56354
terminating participation in the medical assistance program. After	56355
the date on which a transaction of sale of a nursing facility is	56356
closed, the owner shall refund to the department the amount of	56357
excess depreciation paid to the facility by the department for	56358
each year the owner has operated the facility under a provider	56359
agreement and prorated according to the number of medicaid patient	56360
days for which the facility has received payment. If a nursing	56361
facility is sold after five or fewer years of operation under a	56362
provider agreement, the refund to the department shall be equal to	56363
the excess depreciation paid to the facility. If a nursing	56364
facility is sold after more than five years but less than ten	56365
years of operation under a provider agreement, the refund to the	56366
department shall equal the excess depreciation paid to the	56367
facility multiplied by twenty per cent, multiplied by the	56368
difference between ten and the number of years that the facility	56369
was operated under a provider agreement. If a nursing facility is	56370
sold after ten or more years of operation under a provider	56371
agreement, the owner shall not refund any excess depreciation to	56372
the department. The owner of a nursing facility that is sold or	56373
that voluntarily terminatesundergoes a voluntary withdrawal of	56374
participation in the medical assistance program, as defined in	56375
section 5111.65 of the Revised Code, also shall refund any other	56376
amount that the department properly finds to be due after thea	56377
final fiscal audit conducted under this divisionthe department	56378
shall conduct. For the purposes of this division, "depreciation	56379
paid to the facility" means the amount paid to the nursing	56380
facility for cost of ownership pursuant to this section less any	56381
amount paid for interest costs, amortization of financing costs,	56382
and lease expenses. For the purposes of this division, "excess	56383
depreciation" is the nursing facility's depreciated basis, which	56384
is the owner's cost less accumulated depreciation, subtracted from	56385
the purchase price net of selling costs but not exceeding the	56386
amount of depreciation paid to the facility.	56387

A cost report shall be filed with the department within	56388
ninety days after the date on which the transaction of sale is	56389
closed or participation is voluntarily terminated. The report	56390
shall show the accumulated depreciation, the sales price, and	56391
other information required by the department. The department shall	56392
provide for a bank, trust company, or savings and loan association	56393
to hold in escrow the amount of the last two monthly payments to a	56394
nursing facility made pursuant to division (A)(1) of section	56395
5111.22 of the Revised Code before a sale or termination of	56396
participation or, if the owner fails, within the time required by	56397
this division, to notify the department before entering into a	56398
contract of sale for the facility, the amount of the first two	56399
monthly payments made to the facility after the department learns	56400
of the contract, regardless of whether a new owner is in	56401
possession of the facility. If the amount the owner will be	56402
required to refund under this section is likely to be less than	56403
the amount of the two monthly payments otherwise put into escrow	56404
under this division, the department shall take one of the	56405
following actions instead of withholding the amount of the two	56406
monthly payments:	56407

(1) In the case of an owner that owns other facilities that	56408
participate in the medical assistance program, obtain a promissory	56409
note in an amount sufficient to cover the amount likely to be	56410
refunded;	56411

(2) In the case of all other owners, withhold the amount of	56412
the last monthly payment to the nursing facility or, if the owner	56413
fails, within the time required by this division, to notify the	56414
department before entering into a contract of sale for the	56415
facility, the amount of the first monthly payment made to the	56416
facility after the department learns of the contract, regardless	56417
of whether a new owner is in possession of the facility.	56418

The department shall, within ninety days following the filing	56419
of the cost report, audit the cost report and issue an audit	56420
report to the owner. The department also may audit any other cost	56421
report that the facility has filed during the previous three	56422
years. In the audit report, the department shall state its	56423
findings and the amount of any money owed to the department by the	56424
nursing facility. The findings shall be subject to adjudication	56425
conducted in accordance with Chapter 119. of the Revised Code. No	56426
later than fifteen days after the owner agrees to a settlement,	56427
any funds held in escrow less any amounts due to the department	56428
shall be released to the owner and amounts due to the department	56429
shall be paid to the department. If the amounts in escrow are less	56430
than the amounts due to the department, the balance shall be paid	56431
to the department within fifteen days after the owner agrees to a	56432
settlement. If the department does not issue its audit report	56433
within the ninety-day period, the department shall release any	56434
money held in escrow to the owner. For the purposes of this	56435
section, a transfer of corporate stock, the merger of one	56436
corporation into another, or a consolidation does not constitute a	56437
sale.	56438

If a nursing facility is not sold or its participation is not	56439
terminated after notice is provided to the department under this	56440
division, the department shall order any payments held in escrow	56441
released to the facility upon receiving written notice from the	56442
owner that there will be no sale or termination. After written	56443
notice is received from a nursing facility that a sale or	56444
termination will not take place, the facility shall provide notice	56445
to the department at least forty-five days prior to entering into	56446
any contract of sale or terminating participation at any future	56447
time.	56448

(H) The department shall pay each eligible proprietary	56449
nursing facility a return on the facility's net equity computed at	56450
the rate of one and one-half times the average interest rate on	56451
special issues of public debt obligations issued to the federal	56452
hospital insurance trust fund for the cost reporting period,	56453
except that no facility's return on net equity shall exceed fifty	56454
cents per patient day.	56455

When calculating the rate for return on net equity, the	56456
department shall use the greater of the facility's inpatient days	56457
during the applicable cost reporting period or the number of	56458
inpatient days the facility would have had during that period if	56459
its occupancy rate had been ninety-five per cent.	56460

(I) If a nursing facility would receive a lower rate for	56461
capital costs for assets in the facility's possession on July 1,	56462
1993, under this section than it would receive under former	56463
section 5111.25 of the Revised Code, as the former section existed	56464
immediately prior to December 22, 1992, the facility shall receive	56465
for those assets the rate it would have received under the former	56466
section for each fiscal year beginning on or after July 1, 1993,	56467
until the rate it would receive under this section exceeds the	56468
rate it would have received under the former section. Any facility	56469
that receives a rate calculated under the former section 5111.25	56470
of the Revised Code for assets in the facility's possession on	56471
July 1, 1993, also shall receive a rate calculated under this	56472
section for costs of any assets it constructs or acquires after	56473
July 1, 1993.	56474

Sec. 5111.251.  (A) The department of job and family services	56475
shall pay each eligible intermediate care facility for the	56476
mentally retarded for its reasonable capital costs, a per resident	56477
per day rate established prospectively each fiscal year for each	56478
intermediate care facility for the mentally retarded. Except as	56479
otherwise provided in sections 5111.20 to 5111.32 of the Revised	56480
Code, the rate shall be based on the facility's capital costs for	56481
the calendar year preceding the fiscal year in which the rate will	56482
be paid. The rate shall equal the sum of the following:	56483

(1) The facility's desk-reviewed, actual, allowable, per diem	56484
cost of ownership for the preceding cost reporting period, limited	56485
as provided in divisions (C) and (F) of this section;	56486

(2) Any efficiency incentive determined under division (B) of	56487
this section;	56488

(3) Any amounts for renovations determined under division (D)	56489
of this section;	56490

(4) Any amounts for return on equity determined under	56491
division (I) of this section.	56492

Buildings shall be depreciated using the straight line method	56493
over forty years or over a different period approved by the	56494
department. Components and equipment shall be depreciated using	56495
the straight line method over a period designated by the director	56496
of job and family services in rules adopted in accordance with	56497
Chapter 119. of the Revised Code, consistent with the guidelines	56498
of the American hospital association, or over a different period	56499
approved by the department of job and family services. Any rules	56500
adopted under this division that specify useful lives of	56501
buildings, components, or equipment apply only to assets acquired	56502
on or after July 1, 1993. Depreciation for costs paid or	56503
reimbursed by any government agency shall not be included in costs	56504
of ownership or renovation unless that part of the payment under	56505
sections 5111.20 to 5111.32 of the Revised Code is used to	56506
reimburse the government agency.	56507

(B) The department of job and family services shall pay to	56508
each intermediate care facility for the mentally retarded an	56509
efficiency incentive equal to fifty per cent of the difference	56510
between any desk-reviewed, actual, allowable cost of ownership and	56511
the applicable limit on cost of ownership payments under division	56512
(C) of this section. For purposes of computing the efficiency	56513
incentive, depreciation for costs paid or reimbursed by any	56514
government agency shall be considered as a cost of ownership, and	56515
the applicable limit under division (C) of this section shall	56516
apply both to facilities with more than eight beds and facilities	56517
with eight or fewer beds. The efficiency incentive paid to a	56518
facility with eight or fewer beds shall not exceed three dollars	56519
per patient day, adjusted annually for the inflation rate for the	56520
twelve-month period beginning on the first day of July of the	56521
calendar year preceding the calendar year that precedes the fiscal	56522
year for which the efficiency incentive is determined and ending	56523
on the thirtieth day of the following June, using the consumer	56524
price index for shelter costs for all urban consumers for the	56525
north central region, as published by the United States bureau of	56526
labor statistics.	56527

(C) Cost of ownership payments to intermediate care	56528
facilities for the mentally retarded with more than eight beds	56529
shall not exceed the following limits:	56530

(1) For facilities with dates of licensure prior to January	56531
1, l958, not exceeding two dollars and fifty cents per patient	56532
day;	56533

(2) For facilities with dates of licensure after December 31,	56534
l957, but prior to January 1, l968, not exceeding:	56535

(a) Three dollars and fifty cents per patient day if the cost	56536
of construction was three thousand five hundred dollars or more	56537
per bed;	56538

(b) Two dollars and fifty cents per patient day if the cost	56539
of construction was less than three thousand five hundred dollars	56540
per bed.	56541

(3) For facilities with dates of licensure after December 31,	56542
l967, but prior to January 1, l976, not exceeding:	56543

(a) Four dollars and fifty cents per patient day if the cost	56544
of construction was five thousand one hundred fifty dollars or	56545
more per bed;	56546

(b) Three dollars and fifty cents per patient day if the cost	56547
of construction was less than five thousand one hundred fifty	56548
dollars per bed, but exceeds three thousand five hundred dollars	56549
per bed;	56550

(c) Two dollars and fifty cents per patient day if the cost	56551
of construction was three thousand five hundred dollars or less	56552
per bed.	56553

(4) For facilities with dates of licensure after December 31,	56554
l975, but prior to January 1, l979, not exceeding:	56555

(a) Five dollars and fifty cents per patient day if the cost	56556
of construction was six thousand eight hundred dollars or more per	56557
bed;	56558

(b) Four dollars and fifty cents per patient day if the cost	56559
of construction was less than six thousand eight hundred dollars	56560
per bed but exceeds five thousand one hundred fifty dollars per	56561
bed;	56562

(c) Three dollars and fifty cents per patient day if the cost	56563
of construction was five thousand one hundred fifty dollars or	56564
less per bed, but exceeds three thousand five hundred dollars per	56565
bed;	56566

(d) Two dollars and fifty cents per patient day if the cost	56567
of construction was three thousand five hundred dollars or less	56568
per bed.	56569

(5) For facilities with dates of licensure after December 31,	56570
l978, but prior to January 1, l980, not exceeding:	56571

(a) Six dollars per patient day if the cost of construction	56572
was seven thousand six hundred twenty-five dollars or more per	56573
bed;	56574

(b) Five dollars and fifty cents per patient day if the cost	56575
of construction was less than seven thousand six hundred	56576
twenty-five dollars per bed but exceeds six thousand eight hundred	56577
dollars per bed;	56578

(c) Four dollars and fifty cents per patient day if the cost	56579
of construction was six thousand eight hundred dollars or less per	56580
bed but exceeds five thousand one hundred fifty dollars per bed;	56581

(d) Three dollars and fifty cents per patient day if the cost	56582
of construction was five thousand one hundred fifty dollars or	56583
less but exceeds three thousand five hundred dollars per bed;	56584

(e) Two dollars and fifty cents per patient day if the cost	56585
of construction was three thousand five hundred dollars or less	56586
per bed.	56587

(6) For facilities with dates of licensure after December 31,	56588
1979, but prior to January 1, 1981, not exceeding:	56589

(a) Twelve dollars per patient day if the beds were	56590
originally licensed as residential facility beds by the department	56591
of mental retardation and developmental disabilities;	56592

(b) Six dollars per patient day if the beds were originally	56593
licensed as nursing home beds by the department of health.	56594

(7) For facilities with dates of licensure after December 31,	56595
1980, but prior to January 1, 1982, not exceeding:	56596

(a) Twelve dollars per patient day if the beds were	56597
originally licensed as residential facility beds by the department	56598
of mental retardation and developmental disabilities;	56599

(b) Six dollars and forty-five cents per patient day if the	56600
beds were originally licensed as nursing home beds by the	56601
department of health.	56602

(8) For facilities with dates of licensure after December 31,	56603
1981, but prior to January 1, 1983, not exceeding:	56604

(a) Twelve dollars per patient day if the beds were	56605
originally licensed as residential facility beds by the department	56606
of mental retardation and developmental disabilities;	56607

(b) Six dollars and seventy-nine cents per patient day if the	56608
beds were originally licensed as nursing home beds by the	56609
department of health.	56610

(9) For facilities with dates of licensure after December 31,	56611
1982, but prior to January 1, 1984, not exceeding:	56612

(a) Twelve dollars per patient day if the beds were	56613
originally licensed as residential facility beds by the department	56614
of mental retardation and developmental disabilities;	56615

(b) Seven dollars and nine cents per patient day if the beds	56616
were originally licensed as nursing home beds by the department of	56617
health.	56618

(10) For facilities with dates of licensure after December	56619
31, 1983, but prior to January 1, 1985, not exceeding:	56620

(a) Twelve dollars and twenty-four cents per patient day if	56621
the beds were originally licensed as residential facility beds by	56622
the department of mental retardation and developmental	56623
disabilities;	56624

(b) Seven dollars and twenty-three cents per patient day if	56625
the beds were originally licensed as nursing home beds by the	56626
department of health.	56627

(11) For facilities with dates of licensure after December	56628
31, 1984, but prior to January 1, 1986, not exceeding:	56629

(a) Twelve dollars and fifty-three cents per patient day if	56630
the beds were originally licensed as residential facility beds by	56631
the department of mental retardation and developmental	56632
disabilities;	56633

(b) Seven dollars and forty cents per patient day if the beds	56634
were originally licensed as nursing home beds by the department of	56635
health.	56636

(12) For facilities with dates of licensure after December	56637
31, 1985, but prior to January 1, 1987, not exceeding:	56638

(a) Twelve dollars and seventy cents per patient day if the	56639
beds were originally licensed as residential facility beds by the	56640
department of mental retardation and developmental disabilities;	56641

(b) Seven dollars and fifty cents per patient day if the beds	56642
were originally licensed as nursing home beds by the department of	56643
health.	56644

(13) For facilities with dates of licensure after December	56645
31, 1986, but prior to January 1, 1988, not exceeding:	56646

(a) Twelve dollars and ninety-nine cents per patient day if	56647
the beds were originally licensed as residential facility beds by	56648
the department of mental retardation and developmental	56649
disabilities;	56650

(b) Seven dollars and sixty-seven cents per patient day if	56651
the beds were originally licensed as nursing home beds by the	56652
department of health.	56653

(14) For facilities with dates of licensure after December	56654
31, 1987, but prior to January 1, 1989, not exceeding thirteen	56655
dollars and twenty-six cents per patient day;	56656

(15) For facilities with dates of licensure after December	56657
31, 1988, but prior to January 1, 1990, not exceeding thirteen	56658
dollars and forty-six cents per patient day;	56659

(16) For facilities with dates of licensure after December	56660
31, 1989, but prior to January 1, 1991, not exceeding thirteen	56661
dollars and sixty cents per patient day;	56662

(17) For facilities with dates of licensure after December	56663
31, 1990, but prior to January 1, 1992, not exceeding thirteen	56664
dollars and forty-nine cents per patient day;	56665

(18) For facilities with dates of licensure after December	56666
31, 1991, but prior to January 1, 1993, not exceeding thirteen	56667
dollars and sixty-seven cents per patient day;	56668

(19) For facilities with dates of licensure after December	56669
31, 1992, not exceeding fourteen dollars and twenty-eight cents	56670
per patient day.	56671

(D) Beginning January 1, 1981, regardless of the original	56672
date of licensure, the department of job and family services shall	56673
pay a rate for the per diem capitalized costs of renovations to	56674
intermediate care facilities for the mentally retarded made after	56675
January 1, l981, not exceeding six dollars per patient day using	56676
1980 as the base year and adjusting the amount annually until June	56677
30, 1993, for fluctuations in construction costs calculated by the	56678
department using the "Dodge building cost indexes, northeastern	56679
and north central states," published by Marshall and Swift. The	56680
payment provided for in this division is the only payment that	56681
shall be made for the capitalized costs of a nonextensive	56682
renovation of an intermediate care facility for the mentally	56683
retarded. Nonextensive renovation costs shall not be included in	56684
cost of ownership, and a nonextensive renovation shall not affect	56685
the date of licensure for purposes of division (C) of this	56686
section. This division applies to nonextensive renovations	56687
regardless of whether they are made by an owner or a lessee. If	56688
the tenancy of a lessee that has made renovations ends before the	56689
depreciation expense for the renovation costs has been fully	56690
reported, the former lessee shall not report the undepreciated	56691
balance as an expense.	56692

For a nonextensive renovation to qualify for payment under	56693
this division, both of the following conditions must be met:	56694

(1) At least five years have elapsed since the date of	56695
licensure or date of an extensive renovation of the portion of the	56696
facility that is proposed to be renovated, except that this	56697
condition does not apply if the renovation is necessary to meet	56698
the requirements of federal, state, or local statutes, ordinances,	56699
rules, or policies.	56700

(2) The provider has obtained prior approval from the	56701
department of job and family services. The provider shall submit a	56702
plan that describes in detail the changes in capital assets to be	56703
accomplished by means of the renovation and the timetable for	56704
completing the project. The time for completion of the project	56705
shall be no more than eighteen months after the renovation begins.	56706
The director of job and family services shall adopt rules in	56707
accordance with Chapter 119. of the Revised Code that specify	56708
criteria and procedures for prior approval of renovation projects.	56709
No provider shall separate a project with the intent to evade the	56710
characterization of the project as a renovation or as an extensive	56711
renovation. No provider shall increase the scope of a project	56712
after it is approved by the department of job and family services	56713
unless the increase in scope is approved by the department.	56714

(E) The amounts specified in divisions (C) and (D) of this	56715
section shall be adjusted beginning July 1, 1993, for the	56716
estimated inflation for the twelve-month period beginning on the	56717
first day of July of the calendar year preceding the calendar year	56718
that precedes the fiscal year for which rate will be paid and	56719
ending on the thirtieth day of the following June, using the	56720
consumer price index for shelter costs for all urban consumers for	56721
the north central region, as published by the United States bureau	56722
of labor statistics.	56723

(F)(1) For facilities of eight or fewer beds that have dates	56724
of licensure or have been granted project authorization by the	56725
department of mental retardation and developmental disabilities	56726
before July 1, 1993, and for facilities of eight or fewer beds	56727
that have dates of licensure or have been granted project	56728
authorization after that date if the facilities demonstrate that	56729
they made substantial commitments of funds on or before that date,	56730
cost of ownership shall not exceed eighteen dollars and thirty	56731
cents per resident per day. The eighteen-dollar and thirty-cent	56732
amount shall be increased by the change in the "Dodge building	56733
cost indexes, northeastern and north central states," published by	56734
Marshall and Swift, during the period beginning June 30, 1990, and	56735
ending July 1, 1993, and by the change in the consumer price index	56736
for shelter costs for all urban consumers for the north central	56737
region, as published by the United States bureau of labor	56738
statistics, annually thereafter.	56739

(2) For facilities with eight or fewer beds that have dates	56740
of licensure or have been granted project authorization by the	56741
department of mental retardation and developmental disabilities on	56742
or after July 1, 1993, for which substantial commitments of funds	56743
were not made before that date, cost of ownership payments shall	56744
not exceed the applicable amount calculated under division (F)(1)	56745
of this section, if the department of job and family services	56746
gives prior approval for construction of the facility or,	56747
regardless of whether the department gives prior approval, if the	56748
facility obtains a residential facility license under section	56749
5123.19 of the Revised Code pursuant to section 5123.1910 of the	56750
Revised Code. If the department does not give prior approval, cost	56751
of ownership payments shall not exceed the amount specified in	56752
division (C) of this section unless the facility obtains a	56753
residential facility license under section 5123.19 of the Revised	56754
Code pursuant to section 5123.1910 of the Revised Code.	56755

(3) Notwithstanding divisions (D) and (F)(1) and (2) of this	56756
section, the total payment for cost of ownership, cost of	56757
ownership efficiency incentive, and capitalized costs of	56758
renovations for an intermediate care facility for the mentally	56759
retarded with eight or fewer beds shall not exceed the sum of the	56760
limitations specified in divisions (C) and (D) of this section.	56761

(G) Notwithstanding any provision of this section or section	56762
5111.24 of the Revised Code, the director of job and family	56763
services may adopt rules in accordance with Chapter 119. of the	56764
Revised Code that provide for a calculation of a combined maximum	56765
payment limit for indirect care costs and cost of ownership for	56766
intermediate care facilities for the mentally retarded with eight	56767
or fewer beds.	56768

(H) After June 30, 1980, the owner of an intermediate care	56769
facility for the mentally retarded operating under a provider	56770
agreement shall provide written notice to the department of job	56771
and family services at least forty-five days prior to entering	56772
into any contract of sale for the facility or voluntarily	56773
terminating participation in the medical assistance program. After	56774
the date on which a transaction of sale of an intermediate care	56775
facility for the mentally retarded is closed, the owner shall	56776
refund to the department the amount of excess depreciation paid to	56777
the facility by the department for each year the owner has	56778
operated the facility under a provider agreement and prorated	56779
according to the number of medicaid patient days for which the	56780
facility has received payment. If an intermediate care facility	56781
for the mentally retarded is sold after five or fewer years of	56782
operation under a provider agreement, the refund to the department	56783
shall be equal to the excess depreciation paid to the facility. If	56784
an intermediate care facility for the mentally retarded is sold	56785
after more than five years but less than ten years of operation	56786
under a provider agreement, the refund to the department shall	56787
equal the excess depreciation paid to the facility multiplied by	56788
twenty per cent, multiplied by the number of years less than ten	56789
that a facility was operated under a provider agreement. If an	56790
intermediate care facility for the mentally retarded is sold after	56791
ten or more years of operation under a provider agreement, the	56792
owner shall not refund any excess depreciation to the department.	56793
For the purposes of this division, "depreciation paid to the	56794
facility" means the amount paid to the intermediate care facility	56795
for the mentally retarded for cost of ownership pursuant to this	56796
section less any amount paid for interest costs. For the purposes	56797
of this division, "excess depreciation" is the intermediate care	56798
facility for the mentally retarded's depreciated basis, which is	56799
the owner's cost less accumulated depreciation, subtracted from	56800
the purchase price but not exceeding the amount of depreciation	56801
paid to the facility.	56802

A cost report shall be filed with the department within	56803
ninety days after the date on which the transaction of sale is	56804
closed or participation is voluntarily terminated for an	56805
intermediate care facility for the mentally retarded subject to	56806
this division. The report shall show the accumulated depreciation,	56807
the sales price, and other information required by the department.	56808
The department shall provide for a bank, trust company, or savings	56809
and loan association to hold in escrow the amount of the last two	56810
monthly payments to an intermediate care facility for the mentally	56811
retarded made pursuant to division (A)(1) of section 5111.22 of	56812
the Revised Code before a sale or voluntary termination of	56813
participation or, if the owner fails, within the time required by	56814
this division, to notify the department before entering into a	56815
contract of sale for the facility, the amount of the first two	56816
monthly payments made to the facility after the department learns	56817
of the contract, regardless of whether a new owner is in	56818
possession of the facility. If the amount the owner will be	56819
required to refund under this section is likely to be less than	56820
the amount of the two monthly payments otherwise put into escrow	56821
under this division, the department shall take one of the	56822
following actions instead of withholding the amount of the two	56823
monthly payments:	56824

(1) In the case of an owner that owns other facilities that	56825
participate in the medical assistance program, obtain a promissory	56826
note in an amount sufficient to cover the amount likely to be	56827
refunded;	56828

(2) In the case of all other owners, withhold the amount of	56829
the last monthly payment to the intermediate care facility for the	56830
mentally retarded or, if the owner fails, within the time required	56831
by this division, to notify the department before entering into a	56832
contract of sale for the facility, the amount of the first monthly	56833
payment made to the facility after the department learns of the	56834
contract, regardless of whether a new owner is in possession of	56835
the facility.	56836

The department shall, within ninety days following the filing	56837
of the cost report, audit the report and issue an audit report to	56838
the owner. The department also may audit any other cost reports	56839
for the facility that have been filed during the previous three	56840
years. In the audit report, the department shall state its	56841
findings and the amount of any money owed to the department by the	56842
intermediate care facility for the mentally retarded. The findings	56843
shall be subject to an adjudication conducted in accordance with	56844
Chapter 119. of the Revised Code. No later than fifteen days after	56845
the owner agrees to a settlement, any funds held in escrow less	56846
any amounts due to the department shall be released to the owner	56847
and amounts due to the department shall be paid to the department.	56848
If the amounts in escrow are less than the amounts due to the	56849
department, the balance shall be paid to the department within	56850
fifteen days after the owner agrees to a settlement. If the	56851
department does not issue its audit report within the ninety-day	56852
period, the department shall release any money held in escrow to	56853
the owner. For the purposes of this section, a transfer of	56854
corporate stock, the merger of one corporation into another, or a	56855
consolidation does not constitute a sale.	56856

If an intermediate care facility for the mentally retarded is	56857
not sold or its participation is not terminated after notice is	56858
provided to the department under this division, the department	56859
shall order any payments held in escrow released to the facility	56860
upon receiving written notice from the owner that there will be no	56861
sale or termination of participation. After written notice is	56862
received from an intermediate care facility for the mentally	56863
retarded that a sale or termination of participation will not take	56864
place, the facility shall provide notice to the department at	56865
least forty-five days prior to entering into any contract of sale	56866
or terminating participation at any future time.	56867

(I) The department of job and family services shall pay each	56868
eligible proprietary intermediate care facility for the mentally	56869
retarded a return on the facility's net equity computed at the	56870
rate of one and one-half times the average of interest rates on	56871
special issues of public debt obligations issued to the federal	56872
hospital insurance trust fund for the cost reporting period. No	56873
facility's return on net equity paid under this division shall	56874
exceed one dollar per patient day.	56875

In calculating the rate for return on net equity, the	56876
department shall use the greater of the facility's inpatient days	56877
during the applicable cost reporting period or the number of	56878
inpatient days the facility would have had during that period if	56879
its occupancy rate had been ninety-five per cent.	56880

(J)(1) Except as provided in division (J)(2) of this section,	56881
if a provider leases or transfers an interest in a facility to	56882
another provider who is a related party, the related party's	56883
allowable cost of ownership shall include the lesser of the	56884
following:	56885

(a) The annual lease expense or actual cost of ownership,	56886
whichever is applicable;	56887

(b) The reasonable cost to the lessor or provider making the	56888
transfer.	56889

(2) If a provider leases or transfers an interest in a	56890
facility to another provider who is a related party, regardless of	56891
the date of the lease or transfer, the related party's allowable	56892
cost of ownership shall include the annual lease expense or actual	56893
cost of ownership, whichever is applicable, subject to the	56894
limitations specified in divisions (B) to (I) of this section, if	56895
all of the following conditions are met:	56896

(a) The related party is a relative of owner;

56897

(b) In the case of a lease, if the lessor retains any	56898
ownership interest, it is, except as provided in division	56899
(J)(2)(d)(ii) of this section, in only the real property and any	56900
improvements on the real property;	56901

(c) In the case of a transfer, the provider making the	56902
transfer retains, except as provided in division (J)(2)(d)(iv) of	56903
this section, no ownership interest in the facility;	56904

(d) The department of job and family services determines that	56905
the lease or transfer is an arm's length transaction pursuant to	56906
rules the department shall adopt in accordance with Chapter 119.	56907
of the Revised Code no later than December 31, 2000. The rules	56908
shall provide that a lease or transfer is an arm's length	56909
transaction if all of the following, as applicable, apply:	56910

(i) In the case of a lease, once the lease goes into effect,	56911
the lessor has no direct or indirect interest in the lessee or,	56912
except as provided in division (J)(2)(b) of this section, the	56913
facility itself, including interest as an owner, officer,	56914
director, employee, independent contractor, or consultant, but	56915
excluding interest as a lessor.	56916

(ii) In the case of a lease, the lessor does not reacquire an	56917
interest in the facility except through the exercise of a lessor's	56918
rights in the event of a default. If the lessor reacquires an	56919
interest in the facility in this manner, the department shall	56920
treat the facility as if the lease never occurred when the	56921
department calculates its reimbursement rates for capital costs.	56922

(iii) In the case of a transfer, once the transfer goes into	56923
effect, the provider that made the transfer has no direct or	56924
indirect interest in the provider that acquires the facility or	56925
the facility itself, including interest as an owner, officer,	56926
director, employee, independent contractor, or consultant, but	56927
excluding interest as a creditor.	56928

(iv) In the case of a transfer, the provider that made the	56929
transfer does not reacquire an interest in the facility except	56930
through the exercise of a creditor's rights in the event of a	56931
default. If the provider reacquires an interest in the facility in	56932
this manner, the department shall treat the facility as if the	56933
transfer never occurred when the department calculates its	56934
reimbursement rates for capital costs.	56935

(v) The lease or transfer satisfies any other criteria	56936
specified in the rules.	56937

(e) Except in the case of hardship caused by a catastrophic	56938
event, as determined by the department, or in the case of a lessor	56939
or provider making the transfer who is at least sixty-five years	56940
of age, not less than twenty years have elapsed since, for the	56941
same facility, allowable cost of ownership was determined most	56942
recently under this division.	56943

Sec. 5111.28.  (A) If a provider properly amends its cost	56944
report under section 5111.27 of the Revised Code and the amended	56945
report shows that the provider received a lower rate under the	56946
original cost report than it was entitled to receive, the	56947
department shall adjust the provider's rate prospectively to	56948
reflect the corrected information. The department shall pay the	56949
adjusted rate beginning two months after the first day of the	56950
month after the provider files the amended cost report. If the	56951
department finds, from an exception review of resident assessment	56952
information conducted after the effective date of the rate for	56953
direct care costs that is based on the assessment information,	56954
that inaccurate assessment information resulted in the provider	56955
receiving a lower rate than it was entitled to receive, the	56956
department prospectively shall adjust the provider's rate	56957
accordingly and shall make payments using the adjusted rate for	56958
the remainder of the calendar quarter for which the assessment	56959
information is used to determine the rate, beginning one month	56960
after the first day of the month after the exception review is	56961
completed.	56962

(B) If the provider properly amends its cost report under	56963
section 5111.27 of the Revised Code, the department makes a	56964
finding based on an audit under that section, or the department	56965
makes a finding based on an exception review of resident	56966
assessment information conducted under that section after the	56967
effective date of the rate for direct care costs that is based on	56968
the assessment information, any of which results in a	56969
determination that the provider has received a higher rate than it	56970
was entitled to receive, the department shall recalculate the	56971
provider's rate using the revised information. The department	56972
shall apply the recalculated rate to the periods when the provider	56973
received the incorrect rate to determine the amount of the	56974
overpayment. The provider shall refund the amount of the	56975
overpayment.	56976

In addition to requiring a refund under this division, the	56977
department may charge the provider interest at the applicable rate	56978
specified in this division from the time the overpayment was made.	56979

(1) If the overpayment resulted from costs reported for	56980
calendar year 1993, the interest shall be no greater than one and	56981
one-half times the average bank prime rate.	56982

(2) If the overpayment resulted from costs reported for	56983
subsequent calendar years:	56984

(a) The interest shall be no greater than two times the	56985
average bank prime rate if the overpayment was equal to or less	56986
than one per cent of the total medicaid payments to the provider	56987
for the fiscal year for which the incorrect information was used	56988
to establish a rate.	56989

(b) The interest shall be no greater than two and one-half	56990
times the current average bank prime rate if the overpayment was	56991
greater than one per cent of the total medicaid payments to the	56992
provider for the fiscal year for which the incorrect information	56993
was used to establish a rate.	56994

(C) The department also may impose the following penalties:

56995

(1) If a provider does not furnish invoices or other	56996
documentation that the department requests during an audit within	56997
sixty days after the request, no more than the greater of one	56998
thousand dollars per audit or twenty-five per cent of the	56999
cumulative amount by which the costs for which documentation was	57000
not furnished increased the total medicaid payments to the	57001
provider during the fiscal year for which the costs were used to	57002
establish a rate;	57003

(2) If an ownerexiting operator fails to provide a properly	57004
completed notice of sale of the facility orclosure, voluntary	57005
termination, voluntary withdrawal of participation in the medical	57006
assistance program, or change of operator, as required by section	57007
5111.255111.66 or 5111.2515111.67 of the Revised Code, no more	57008
than the current average bank prime rate plus four per cent of the	57009
lastan amount equal to two times the average amount of monthly	57010
payments to the exiting operator under the medicaid program for	57011
the twelve-month period immediately preceding the month that	57012
includes the last day the exiting operator's provider agreement is	57013
in effect or, in the case of a voluntary withdrawal of	57014
participation, the effective date of the voluntary withdrawal of	57015
participation.	57016

(D) If the provider continues to participate in the medical	57017
assistancemedicaid program, the department shall deduct any	57018
amount that the provider is required to refund under this section,	57019
and the amount of any interest charged or penalty imposed under	57020
this section, from the next available payment from the department	57021
to the provider. The department and the provider may enter into an	57022
agreement under which the amount, together with interest, is	57023
deducted in installments from payments from the department to the	57024
provider. If the provider does not continue to participate in the	57025
medicaid program, the department shall collect any amount that the	57026
provider owes to the department under this section from the	57027
withholding, security, or both that the department makes or	57028
requires under section 5111.681 of the Revised Code.	57029

(E) The department shall transmit refunds and penalties to	57030
the treasurer of state for deposit in the general revenue fund.	57031

(F) For the purpose of this section, the department shall	57032
determine the average bank prime rate using statistical release	57033
H.15, "selected interest rates," a weekly publication of the	57034
federal reserve board, or any successor publication. If	57035
statistical release H.15, or its successor, ceases to contain the	57036
bank prime rate information or ceases to be published, the	57037
department shall request a written statement of the average bank	57038
prime rate from the federal reserve bank of Cleveland or the	57039
federal reserve board.	57040

Sec. 5111.29.  (A) The director of job and family services	57041
shall adopt rules in accordance with Chapter 119. of the Revised	57042
Code that establish a process under which a nursing facility or	57043
intermediate care facility for the mentally retarded, or a group	57044
or association of facilities, may seek reconsideration of rates	57045
established under sections 5111.23 to 5111.28 of the Revised Code,	57046
including a rate for direct care costs recalculated before the	57047
effective date of the rate as a result of an exception review of	57048
resident assessment information conducted under section 5111.27 of	57049
the Revised Code.	57050

(1) Except as provided in divisions (A)(2) to (4) of this	57051
section, the only issue that a facility, group, or association may	57052
raise in the rate reconsideration shall be whether the rate was	57053
calculated in accordance with sections 5111.23 to 5111.28 of the	57054
Revised Code and the rules adopted under those sections. The rules	57055
shall permit a facility, group, or association to submit written	57056
arguments or other materials that support its position. The rules	57057
shall specify time frames within which the facility, group, or	57058
association and the department must act. If the department	57059
determines, as a result of the rate reconsideration, that the rate	57060
established for one or more facilities is less than the rate to	57061
which it is entitled, the department shall increase the rate. If	57062
the department has paid the incorrect rate for a period of time,	57063
the department shall pay the facility the difference between the	57064
amount it was paid for that period and the amount it should have	57065
been paid.	57066

(2) The rules shall provide that during a fiscal year, the	57067
department, by means of the rate reconsideration process, may	57068
increase a facility's rate as calculated under sections 5111.23 to	57069
5111.28 of the Revised Code if the facility demonstrates that its	57070
actual, allowable costs have increased because of extreme	57071
circumstances. A facility may qualify for a rate increase only if	57072
its per diem, actual, allowable costs have increased to a level	57073
that exceeds its total rate, including any efficiency incentive	57074
and return on equity payment. The rules shall specify the	57075
circumstances that would justify a rate increase under division	57076
(A)(2) of this section. In the case of nursing facilities, the	57077
rules shall provide that the extreme circumstances include	57078
increased security costs for an inner-city nursing facility and an	57079
increase in workers' compensation experience rating of greater	57080
than five per cent for a facility that has an appropriate claims	57081
management program but do not include a change of ownership that	57082
results from bankruptcy, foreclosure, or findings of violations of	57083
certification requirements by the department of health. In the	57084
case of intermediate care facilities for the mentally retarded,	57085
the rules shall provide that the extreme circumstances include,	57086
but are not limited to, renovations approved under division (D) of	57087
section 5111.251 of the Revised Code, an increase in workers'	57088
compensation experience rating of greater than five per cent for a	57089
facility that has an appropriate claims management program,	57090
increased security costs for an inner-city facility, and a change	57091
of ownership that results from bankruptcy, foreclosure, or	57092
findings of violations of certification requirements by the	57093
department of health. An increase under division (A)(2) of this	57094
section is subject to any rate limitations or maximum rates	57095
established by sections 5111.23 to 5111.28 of the Revised Code for	57096
specific cost centers. Any rate increase granted under division	57097
(A)(2) of this section shall take effect on the first day of the	57098
first month after the department receives the request.	57099

(3) The rules shall provide that the department, through the	57100
rate reconsideration process, may increase a facility's rate as	57101
calculated under sections 5111.23 to 5111.28 of the Revised Code	57102
if the department, in its sole discretion, determines that the	57103
rate as calculated under those sections works an extreme hardship	57104
on the facility.	57105

(4) The rules shall provide that when beds certified for the	57106
medical assistance program are added to an existing facility,	57107
replaced at the same site, or subject to a change of ownership or	57108
lease, the department, through the rate reconsideration process,	57109
shall increase the facility's rate for capital costs	57110
proportionately, as limited by any applicable limitation under	57111
section 5111.25 or 5111.251 of the Revised Code, to account for	57112
the costs of the beds that are added, replaced, or subject to a	57113
change of ownership or lease. The department shall make this	57114
increase one month after the first day of the month after the	57115
department receives sufficient documentation of the costs. Any	57116
rate increase granted under division (A)(4) of this section after	57117
June 30, 1993, shall remain in effect until the effective date of	57118
a rate calculated under section 5111.25 or 5111.251 of the Revised	57119
Code that includes costs incurred for a full calendar year for the	57120
bed addition, bed replacement, or change of ownership or lease.	57121
The facility shall report double accumulated depreciation in an	57122
amount equal to the depreciation included in the rate adjustment	57123
on its cost report for the first year of operation. During the	57124
term of any loan used to finance a project for which a rate	57125
adjustment is granted under division (A)(4) of this section, if	57126
the facility is operated by the same provider, the facility shall	57127
subtract from the interest costs it reports on its cost report an	57128
amount equal to the difference between the following:	57129

(a) The actual, allowable interest costs for the loan during	57130
the calendar year for which the costs are being reported;	57131

(b) The actual, allowable interest costs attributable to the	57132
loan that were used to calculate the rates paid to the facility	57133
during the same calendar year.	57134

(5) The department's decision at the conclusion of the	57135
reconsideration process shall not be subject to any administrative	57136
proceedings under Chapter 119. or any other provision of the	57137
Revised Code.	57138

(B) AnyAll of the following are subject to an adjudication	57139
conducted in accordance with Chapter 119. of the Revised Code:	57140

(1) Any audit disallowance that the department makes as the	57141
result of an audit under section 5111.27 of the Revised Code, any;	57142

(2) Any adverse finding that results from an exception review	57143
of resident assessment information conducted under that section	57144
5111.27 of the Revised Code after the effective date of the	57145
facility's rate that is based on the assessment information, and	57146
any;	57147

(3) Any penalty the department imposes under division (C) of	57148
section 5111.28 of the Revised Code shall be subject to an	57149
adjudication conducted in accordance with Chapter 119.or section	57150
5111.684 of the Revised Code.	57151

Sec. 5111.30.  The department of job and family services	57152
shall terminate the provider agreement with an operator of a	57153
nursing facility or intermediate care facility for the mentally	57154
retarded that does not comply with the requirements of section	57155
3721.071 of the Revised Code for the installation of fire	57156
extinguishing and fire alarm systems.	57157

Sec. 5111.31.  (A) Every provider agreement with an operator	57158
of a nursing facility or intermediate care facility for the	57159
mentally retarded shall:	57160

(1) Prohibit the facility from failing or refusing to retain	57161
as a patient any person because the person is, becomes, or may, as	57162
a patient in the facility, become a recipient of assistance under	57163
the medical assistance program. For the purposes of this division,	57164
a recipient of medical assistance who is a patient in a facility	57165
shall be considered a patient in the facility during any hospital	57166
stays totaling less than twenty-five days during any twelve-month	57167
period. Recipients who have been identified by the department of	57168
job and family services or its designee as requiring the level of	57169
care of an intermediate care facility for the mentally retarded	57170
shall not be subject to a maximum period of absences during which	57171
they are considered patients if prior authorization of the	57172
department for visits with relatives and friends and participation	57173
in therapeutic programs is obtained under rules adopted under	57174
section 5111.02 of the Revised Code.	57175

(2) Include any part of the facility that meets standards for	57176
certification of compliance with federal and state laws and rules	57177
for participation in the medical assistance program, except that	57178
nursing facilities that, during the period beginning July 1, 1987,	57179
and ending July 1, 1993, added beds licensed as nursing home beds	57180
under Chapter 3721. of the Revised Code are not required to	57181
include those beds under a provider agreement unless otherwise	57182
required by federal law. Once added to the provider agreement,	57183
however, those nursing home beds may not be removed unless the	57184
facility withdraws from the medical assistance program in its	57185
entirety.	57186

(3) Prohibit the facility from discriminating against any	57187
patient on the basis of race, color, sex, creed, or national	57188
origin.	57189

(4) Except as otherwise prohibited under section 5111.55 of	57190
the Revised Code, prohibit the facility from failing or refusing	57191
to accept a patient because the patient is, becomes, or may, as a	57192
patient in the facility, become a recipient of assistance under	57193
the medical assistance program if less than eighty per cent of the	57194
patients in the facility are recipients of medical assistance.	57195

(B) Nothing in this section shall bar any religious or	57196
denominational nursing facility or intermediate care facility for	57197
the mentally retarded that is operated, supervised, or controlled	57198
by a religious organization from giving preference to persons of	57199
the same religion or denomination. Nothing in this section shall	57200
bar any facility from giving preference to persons with whom it	57201
has contracted to provide continuing care.	57202

(C) Nothing in this section shall bar any county home	57203
organized under Chapter 5155. of the Revised Code from admitting	57204
residents exclusively from the county in which the county home is	57205
located.	57206

(D) No operator of a nursing facility or intermediate care	57207
facility for the mentally retarded with which a provider agreement	57208
is in effect shall violate the provider contract obligations	57209
imposed under this section.	57210

(E) Nothing in divisions (A) and (B) of this section shall	57211
bar any nursing facility or intermediate care facility for the	57212
mentally retarded from retaining patients who have resided in the	57213
facility for not less than one year as private pay patients and	57214
who subsequently become recipients of assistance under the	57215
medicaid program, but refusing to accept as a patient any person	57216
who is or may, as a patient in the facility, become a recipient of	57217
assistance under the medicaid program, if all of the following	57218
apply:	57219

(1) The facility does not refuse to retain any patient who	57220
has resided in the facility for not less than one year as a	57221
private pay patient because the patient becomes a recipient of	57222
assistance under the medicaid program, except as necessary to	57223
comply with division (E)(2) of this section;	57224

(2) The number of medicaid recipients retained under this	57225
division does not at any time exceed ten per cent of all the	57226
patients in the facility;	57227

(3) On July 1, 1980, all the patients in the facility were	57228
private pay patients.	57229

Sec. 5111.34.  (A) There is hereby created the nursing	57230
facility reimbursement study council consisting of the following	57231
seventeeneighteen members:	57232

(1) The director of job and family services;

57233

(2) The deputy director of the office of Ohio health plans of	57234
the department of job and family services;	57235

(3) An employee of the governor's office;

57236

(4) The director of health;

57237

(5) The director of aging;

57238

(6) Three members of the house of representatives, not more	57239
than two of whom are members of the same political party,	57240
appointed by the speaker of the house of representatives;	57241

(7) Three members of the senate, not more than two of whom	57242
are members of the same political party, appointed by the	57243
president of the senate;	57244

(8) One representative of medicaid recipients residing in	57245
nursing facilities, appointed by the governor;	57246

(9) Two representatives of each of the following	57247
organizations, appointed by their respective governing bodies:	57248

(a) The Ohio academy of nursing homes;

57249

(b) The association of Ohio philanthropic homes and housing	57250
for the aging;	57251

(c) The Ohio health care association.

57252

Initial appointments of members described in divisions	57253
(A)(6), (7), and (8)(9) of this section shall be made no later	57254
than ninety days after June 6, 2001, except that the initial	57255
appointments of the two additional members described in divisions	57256
(A)(6) and (7) of this section added by Am. Sub. H.B. 405 of the	57257
124th general assembly shall be made not later than ninety days	57258
after the effective date of this amendmentMarch 14, 2002. Initial	57259
appointment of the member described in division (A)(8) of this	57260
section shall be made not later than ninety days after the	57261
effective date of this amendment. Vacancies in any of those	57262
appointments shall be filled in the same manner as original	57263
appointments. The members described in divisions (A)(6), (7), and	57264
(8), and (9) of this section shall serve at the pleasure of the	57265
official or governing body appointing the member. The members	57266
described in divisions (A)(1), (2), (3), (4), and (5) of this	57267
section shall serve for as long as they hold the position that	57268
qualifies them for membership on the council. The speaker of the	57269
house of representatives and the president of the senate jointly	57270
shall appoint the chairperson of the council. Members of the	57271
council shall serve without compensation.	57272

(B) The council shall review, on an ongoing basis, the system	57273
established by sections 5111.20 to 5111.32 of the Revised Code for	57274
reimbursing nursing facilities under the medical assistance	57275
program. The council shall recommend any changes it determines are	57276
necessary. The council shall issue a report of its activities,	57277
findings, and recommendations to the governor, the speaker of the	57278
house of representatives, and the president of the senate not	57279
later than July 30, 2004. Thereafter, the council periodically	57280
shall report its activities, findings, and recommendations to the	57281
governor, the speaker of the house of representatives, and the	57282
president of the senate.	57283

(C) The council shall meet quarterly. Its first quarterly	57284
meeting after the effective date of this amendment shall be held	57285
not later than August 1, 2003.	57286

Sec. 5111.65.  As used in sections 5111.65 to 5111.6810 of	57287
the Revised Code:	57288

(A) "Change of operator" means an entering operator becoming	57289
the operator of a nursing facility or intermediate care facility	57290
for the mentally retarded in the place of the exiting operator.	57291

(1) Actions that constitute a change of operator include, but	57292
are not limited to, the following:	57293

(a) A change in an exiting operator's form of legal	57294
organization, including the formation of a partnership or	57295
corporation from a sole proprietorship;	57296

(b) A transfer of all the exiting operator's ownership	57297
interest in the operation of the facility to the entering	57298
operator, regardless of whether ownership of any or all of the	57299
real property or personal property associated with the facility is	57300
also transferred;	57301

(c) A lease of the facility to the entering operator or the	57302
exiting operator's termination of the lease;	57303

(d) If the exiting operator is a partnership, dissolution of	57304
the partnership;	57305

(e) If the exiting operator is a partnership, a change in	57306
composition of the partnership unless both of the following apply:	57307

(i) The change in composition does not cause the	57308
partnership's dissolution under state law.	57309

(ii) The partners agree that the change in composition does	57310
not constitute a change in operator.	57311

(f) If the operator is a corporation, dissolution of the	57312
corporation, a merger of the corporation with another corporation	57313
that is the survivor of the merger, or a consolidation of one or	57314
more other corporations to form a new corporation.	57315

(2) The following, alone, do not constitute a change of	57316
operator:	57317

(a) A contract for an entity to manage a nursing facility or	57318
intermediate care facility for the mentally retarded as the	57319
operator's agent, subject to the operator's approval of daily	57320
operating and management decisions;	57321

(b) A change of ownership, lease, or termination of a lease	57322
of real property or personal property associated with a nursing	57323
facility or intermediate care facility for the mentally retarded	57324
if an entering operator does not become the operator in place of	57325
an exiting operator;	57326

(c) If the operator is a corporation, a change of one or more	57327
members of the corporation's governing body or transfer of	57328
ownership of one or more shares of the corporation's stock, if the	57329
same corporation continues to be the operator.	57330

(B) "Effective date of a change of operator" means the day	57331
the entering operator becomes the operator of the nursing facility	57332
or intermediate care facility for the mentally retarded.	57333

(C) "Effective date of a facility closure" means the last day	57334
that the last of the residents of the nursing facility or	57335
intermediate care facility for the mentally retarded resides in	57336
the facility.	57337

(D) "Effective date of a voluntary termination" means the day	57338
the intermediate care facility for the mentally retarded ceases to	57339
accept medicaid patients.	57340

(E) "Effective date of a voluntary withdrawal of	57341
participation" means the day the nursing facility ceases to accept	57342
new medicaid patients other than the individuals who reside in the	57343
nursing facility on the day before the effective date of the	57344
voluntary withdrawal of participation.	57345

(F) "Entering operator" means the person or government entity	57346
that will become the operator of a nursing facility or	57347
intermediate care facility for the mentally retarded when a change	57348
of operator occurs.	57349

(G) "Exiting operator" means any of the following:

57350

(1) An operator that will cease to be the operator of a	57351
nursing facility or intermediate care facility for the mentally	57352
retarded on the effective date of a change of operator;	57353

(2) An operator that will cease to be the operator of a	57354
nursing facility or intermediate care facility for the mentally	57355
retarded on the effective date of a facility closure;	57356

(3) An operator of an intermediate care facility for the	57357
mentally retarded that is undergoing or has undergone a voluntary	57358
termination;	57359

(4) An operator of a nursing facility that is undergoing or	57360
has undergone a voluntary withdrawal of participation.	57361

(H) "Facility closure" means discontinuance of the use of the	57362
building, or part of the building, that houses the facility as a	57363
nursing facility or intermediate care facility for the mentally	57364
retarded that results in the relocation of all of the facility's	57365
residents. A facility closure occurs regardless of any of the	57366
following:	57367

(1) The operator completely or partially replacing the	57368
facility by constructing a new facility or transferring the	57369
facility's license to another facility;	57370

(2) The facility's residents relocating to another of the	57371
operator's facilities;	57372

(3) Any action the department of health takes regarding the	57373
facility's certification under Title XIX of the "Social Security	57374
Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended, that may	57375
result in the transfer of part of the facility's survey findings	57376
to another of the operator's facilities;	57377

(4) Any action the department of health takes regarding the	57378
facility's license under Chapter 3721. of the Revised Code;	57379

(5) Any action the department of mental retardation and	57380
developmental disabilities takes regarding the facility's license	57381
under section 5123.19 of the Revised Code.	57382

(I) "Fiscal year" means the fiscal year of this state, as	57383
specified in section 9.34 of the Revised Code.	57384

(J) "Intermediate care facility for the mentally retarded,"	57385
"nursing home," "operator," and "owner" have the same meanings as	57386
in section 5111.20 of the Revised Code.	57387

(K) "Provider agreement" means a contract between the	57388
department of job and family services and the operator of a	57389
nursing facility or intermediate care facility for the mentally	57390
retarded for the provision of nursing facility services or	57391
intermediate care facility services for the mentally retarded	57392
under the medical assistance program.	57393

(L) "Voluntary termination" means an operator's voluntary	57394
election to terminate the participation of an intermediate care	57395
facility for the mentally retarded in the medicaid program but to	57396
continue to provide service of the type provided by a residential	57397
facility as defined in section 5123.19 of the Revised Code.	57398

(M) "Voluntary withdrawal of participation" means an	57399
operator's voluntary election to terminate the participation of a	57400
nursing facility in the medicaid program but to continue to	57401
provide service of the type provided by nursing facilities.	57402

Sec. 5111.66. An exiting operator or owner of a nursing	57403
facility or intermediate care facility for the mentally retarded	57404
participating in the medicaid program shall provide the department	57405
of job and family services written notice of a facility closure,	57406
voluntary termination, or voluntary withdrawal of participation	57407
not less than ninety days before the effective date of the	57408
facility closure, voluntary termination, or voluntary withdrawal	57409
of participation. The written notice shall include all of the	57410
following:	57411

(A) The name of the exiting operator and, if any, the exiting	57412
operator's authorized agent;	57413

(B) The name of the nursing facility or intermediate care	57414
facility for the mentally retarded that is the subject of the	57415
facility closure, voluntary termination, or voluntary withdrawal	57416
of participation;	57417

(C) The exiting operator's medicaid provider agreement	57418
number;	57419

(D) The effective date of the facility closure, voluntary	57420
termination, or voluntary withdrawal of participation;	57421

(E) The signature of the exiting operator's or owner's	57422
representative.	57423

Sec. 5111.661. An operator shall comply with section	57424
1919(c)(2)(F) of the "Social Security Act," 79 Stat. 286 (1965),	57425
42 U.S.C. 1396r(c)(2)(F) if the operator's nursing facility	57426
undergoes a voluntary withdrawal of participation.	57427

Sec. 5111.67. (A) An exiting operator or owner and entering	57428
operator shall provide the department of job and family services	57429
written notice of a change of operator if the nursing facility or	57430
intermediate care facility for the mentally retarded participates	57431
in the medicaid program and the entering operator seeks to	57432
continue the facility's participation. The written notice shall be	57433
provided to the department not later than forty-five days before	57434
the effective date of the change of operator if the change of	57435
operator does not entail the relocation of residents. The written	57436
notice shall be provided to the department not later than ninety	57437
days before the effective date of the change of operator if the	57438
change of operator entails the relocation of residents. The	57439
written notice shall include all of the following:	57440

(1) The name of the exiting operator and, if any, the exiting	57441
operator's authorized agent;	57442

(2) The name of the nursing facility or intermediate care	57443
facility for the mentally retarded that is the subject of the	57444
change of operator;	57445

(3) The exiting operator's medicaid provider agreement	57446
number;	57447

(4) The name of the entering operator;

57448

(5) The effective date of the change of operator;

57449

(6) The manner in which the entering operator becomes the	57450
facility's operator, including through sale, lease, merger, or	57451
other action;	57452

(7) If the manner in which the entering operator becomes the	57453
facility's operator involves more than one step, a description of	57454
each step;	57455

(8) Written authorization from the exiting operator or owner	57456
and entering operator for the department to process a provider	57457
agreement for the entering operator;	57458

(9) The signature of the exiting operator's or owner's	57459
representative.	57460

(B) The entering operator shall include a completed	57461
application for a provider agreement with the written notice to	57462
the department. The entering operator shall attach to the	57463
application the following:	57464

(1) If the written notice is provided to the department	57465
before the date the exiting operator or owner and entering	57466
operator complete the transaction for the change of operator, all	57467
the proposed leases, management agreements, merger agreements and	57468
supporting documents, and sales contracts and supporting documents	57469
relating to the facility's change of operator;	57470

(2) If the written notice is provided to the department on or	57471
after the date the exiting operator or owner and entering operator	57472
complete the transaction for the change of operator, copies of all	57473
the executed leases, management agreements, merger agreements and	57474
supporting documents, and sales contracts and supporting documents	57475
relating to the facility's change of operator.	57476

Sec. 5111.671. The department of job and family services may	57477
enter into a provider agreement with an entering operator that	57478
goes into effect at 12:01 a.m. on the effective date of the change	57479
of operator if all of the following requirements are met:	57480

(A) The department receives a properly completed written	57481
notice required by section 5111.67 of the Revised Code on or	57482
before the date required by that section.	57483

(B) The entering operator furnishes to the department copies	57484
of all the fully executed leases, management agreements, merger	57485
agreements and supporting documents, and sales contracts and	57486
supporting documents relating to the change of operator not later	57487
than ten days after the effective date of the change of operator.	57488

(C) The entering operator is eligible for medicaid payments	57489
as provided in section 5111.21 of the Revised Code.	57490

Sec. 5111.672. (A) The department of job and family services	57491
may enter into a provider agreement with an entering operator that	57492
goes into effect at 12:01 a.m. on the date determined under	57493
division (B) of this section if all of the following are the case:	57494

(1) The department receives a properly completed written	57495
notice required by section 5111.67 of the Revised Code.	57496

(2) The entering operator furnishes to the department copies	57497
of all the fully executed leases, management agreements, merger	57498
agreements and supporting documents, and sales contracts and	57499
supporting documents relating to change of operator.	57500

(3) The requirement of division (A)(1) of this section is met	57501
after the time required by section 5111.67 of the Revised Code,	57502
the requirement of division (A)(2) of this section is met more	57503
than ten days after the effective date of the change of operator,	57504
or both.	57505

(4) The entering operator is eligible for medicaid payments	57506
as provided in section 5111.21 of the Revised Code.	57507

(B) The department shall determine the date a provider	57508
agreement entered into under this section is to go into effect as	57509
follows:	57510

(1) The effective date shall give the department sufficient	57511
time to process the change of operator, assure no duplicate	57512
payments are made, make the withholding required by section	57513
5111.681 of the Revised Code, and withhold the final payment to	57514
the exiting operator until the following:	57515

(a) Ninety days after the exiting operator submits to the	57516
department a properly completed cost report under section 5111.683	57517
of the Revised Code;	57518

(b) One hundred eighty days after the department waives the	57519
cost report requirement of section 5111.683 of the Revised Code.	57520

(2) The effective date shall be not earlier than the later of	57521
the effective date of the change of operator or the date that the	57522
exiting operator or owner and entering operator comply with	57523
section 5111.67 of the Revised Code.	57524

(3) The effective date shall be not later than the following	57525
after the later of the dates specified in division (B)(2) of this	57526
section:	57527

(a) Forty-five days if the change of operator does not entail	57528
the relocation of residents;	57529

(b) Ninety days if the change of operator entails the	57530
relocation of residents.	57531

Sec. 5111.673. A provider agreement that the department of	57532
job and family services enters into with an entering operator	57533
under section 5111.671 or 5111.672 of the Revised Code shall	57534
satisfy all of the following requirements:	57535

(A) Comply with all applicable federal statutes and	57536
regulations;	57537

(B) Comply with section 5111.22 of the Revised Code and all	57538
other applicable state statutes and rules;	57539

(C) Include all the terms and conditions of the exiting	57540
operator's provider agreement, including, but not limited to, all	57541
of the following:	57542

(1) Any plan of correction;

57543

(2) Compliance with health and safety standards;

57544

(3) Compliance with the ownership and financial interest	57545
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	57546

(4) Compliance with the civil rights requirements of 45	57547
C.F.R. parts 80, 84, and 90;	57548

(5) Compliance with additional requirements imposed by the	57549
department;	57550

(6) Any sanctions relating to remedies for violation of the	57551
provider agreement, including deficiencies, compliance periods,	57552
accountability periods, monetary penalties, notification for	57553
correction of contract violations, and history of deficiencies.	57554

(D) Require the entering operator to assume the exiting	57555
operator's remaining debt to the department and United States	57556
centers for medicare and medicaid services that the department is	57557
unable to collect from the exiting operator.	57558

Sec. 5111.674. In the case of a change of operator, the	57559
exiting operator shall be considered to be the operator of the	57560
nursing facility or intermediate care facility for the mentally	57561
retarded for purposes of the medicaid program, including medicaid	57562
payments, until the effective date of the entering operator's	57563
provider agreement if the provider agreement is entered into under	57564
section 5111.671 or 5111.672 of the Revised Code.	57565

Sec. 5111.675. The department of job and family services may	57566
enter into a provider agreement as provided in section 5111.22 of	57567
the Revised Code, rather than section 5111.671 or 5111.672 of the	57568
Revised Code, with an entering operator if the entering operator	57569
does not agree to a provider agreement that satisfies the	57570
requirements of division (C) or (D) of section 5111.673 of the	57571
Revised Code. The department may not enter into the provider	57572
agreement unless the department of health certifies the nursing	57573
facility or intermediate care facility for the mentally retarded	57574
under Title XIX of the "Social Security Act," 79 Stat. 286 (1965),	57575
42 U.S.C.A. 1396, as amended. The effective date of the provider	57576
agreement shall not precede any of the following:	57577

(A) The date that the department of health certifies the	57578
facility;	57579

(B) The effective date of the change of operator;

57580

(C) The date the requirement of section 5111.67 of the	57581
Revised Code is satisfied.	57582

Sec. 5111.676. The director of job and family services may	57583
adopt rules in accordance with Chapter 119. of the Revised Code	57584
governing adjustments to the medicaid reimbursement rate for a	57585
nursing facility or intermediate care facility for the mentally	57586
retarded that undergoes a change of operator. No rate adjustment	57587
resulting from a change of operator shall be effective before the	57588
effective date of the entering operator's provider agreement. This	57589
is the case regardless of whether the provider agreement is	57590
entered into under section 5111.671, section 5111.672, or,	57591
pursuant to section 5111.675, section 5111.22 of the Revised Code.	57592

Sec. 5111.677. Neither of the following shall affect the	57593
department of job and family services' determination of whether or	57594
when a change of operator occurs or the effective date of an	57595
entering operator's provider agreement under section 5111.671,	57596
section 5111.672, or, pursuant to section 5111.675, section	57597
5111.22 of the Revised Code:	57598

(A) The department of health's determination that a change of	57599
operator has or has not occurred for purposes of licensure under	57600
Chapter 3721. of the Revised Code;	57601

(B) The department of mental retardation and developmental	57602
disabilities' determination that a change of operator has or has	57603
not occurred for purposes of licensure under section 5123.19 of	57604
the Revised Code.	57605

Sec. 5111.68. (A) On receipt of a written notice under	57606
section 5111.66 of the Revised Code of a facility closure,	57607
voluntary termination, or voluntary withdrawal of participation or	57608
a written notice under section 5111.67 of the Revised Code of a	57609
change of operator, the department of job and family services	57610
shall determine the amount of any overpayments made under the	57611
medicaid program to the exiting operator, including overpayments	57612
the exiting operator disputes, and other actual and potential	57613
debts the exiting operator owes or may owe to the department and	57614
United States centers for medicare and medicaid services under the	57615
medicaid program. In determining the exiting operator's other	57616
actual and potential debts to the department under the medicaid	57617
program, the department shall include all of the following that	57618
the department determines is applicable:	57619

(1) Refunds due the department under division (G) of section	57620
5111.25 of the Revised Code or division (H) of section 5111.251 of	57621
the Revised Code;	57622

(2) Interest owed to the department and United States centers	57623
for medicare and medicaid services;	57624

(3) Final civil monetary and other penalties for which all	57625
right of appeal has been exhausted;	57626

(4) Third-party liabilities;

57627

(5) Money owed the department and United States centers for	57628
medicare and medicaid services from any outstanding final fiscal	57629
audit, including a final fiscal audit for the last fiscal year or	57630
portion thereof in which the exiting operator participated in the	57631
medicaid program.	57632

(B) If the department is unable to determine the amount of	57633
the overpayments and other debts for any period before the	57634
effective date of the entering operator's provider agreement or	57635
the effective date of the facility closure, voluntary termination,	57636
or voluntary withdrawal of participation, the department shall	57637
make a reasonable estimate of the overpayments and other debts for	57638
the period. The department shall make the estimate using	57639
information available to the department, including prior	57640
determinations of overpayments and other debts.	57641

Sec. 5111.681. (A) The department of job and family services	57642
shall withhold the greater of the following from payment due an	57643
exiting operator under the medicaid program:	57644

(1) The total amount of any overpayments made under the	57645
medicaid program to the exiting operator, including overpayments	57646
the exiting operator disputes, and other actual and potential	57647
debts, including any unpaid penalties, the exiting operator owes	57648
or may owe to the department and United States centers for	57649
medicare and medicaid services under the medicaid program;	57650

(2) An amount equal to the average amount of monthly payments	57651
to the exiting operator under the medicaid program for the	57652
twelve-month period immediately preceding the month that includes	57653
the last day the exiting operator's provider agreement is in	57654
effect or, in the case of a voluntary withdrawal of participation,	57655
the effective date of the voluntary withdrawal of participation.	57656

(B) The department may transfer the amount withheld under	57657
division (A) of this section to an escrow account with a bank,	57658
trust company, or savings and loan association.	57659

(C) If payment due an exiting operator under the medicaid	57660
program is less than the amount the department is required to	57661
withhold under division (A) of this section, the department shall	57662
require that the exiting operator provide the difference in the	57663
form of a security.	57664

(D) The department shall release to the exiting operator the	57665
actual amount withheld under division (A) of this section if the	57666
department allows the exiting operator to provide the department a	57667
security in the amount the department is required to withhold	57668
under division (A) of this section, less any of that amount	57669
provided to the department in the form of a security under	57670
division (C) of this section.	57671

(E) Security provided to the department under division (C) or	57672
(D) of this section shall be in either or both of the following	57673
forms:	57674

(1) In the case of a change of operator, the entering	57675
operator's nontransferable, unconditional, written agreement to	57676
pay the department any debt the exiting operator owes the	57677
department under the medicaid program;	57678

(2) In the case of a change of operator, facility closure,	57679
voluntary termination, or voluntary withdrawal of participation, a	57680
form of collateral or security acceptable to the department that	57681
satisfies both of the following conditions:	57682

(a) Is at least equal to the amount the department is	57683
required to withhold under division (A) of this section, less any	57684
amounts the department has received through actual withholding or	57685
one or more other forms of security under this division;	57686

(b) Is payable to the department if the exiting operator	57687
fails to pay any debt owed the department under the medicaid	57688
program within fifteen days of receiving the department's written	57689
demand for payment of the debt.	57690

Sec. 5111.682. An entering operator that provides the	57691
department of job and family services a security in the form	57692
provided by division (E)(1) of section 5111.681 of the Revised	57693
Code shall also provide the department a list of the entering	57694
operator's assets and liabilities. The department shall determine	57695
whether the assets are sufficient for the purpose of the security.	57696

Sec. 5111.683. (A) Except as provided in division (B) of this	57697
section, an exiting operator shall file with the department of job	57698
and family services a cost report not later than ninety days after	57699
the last day the exiting operator's provider agreement is in	57700
effect or, in the case of a voluntary withdrawal of participation,	57701
the effective date of the voluntary withdrawal of participation.	57702
The cost report shall cover the period that begins with the day	57703
after the last day covered by the operator's most recent previous	57704
cost report required by section 5111.26 of the Revised Code and	57705
ends on the last day the exiting operator's provider agreement is	57706
in effect or, in the case of a voluntary withdrawal of	57707
participation, the effective date of the voluntary withdrawal of	57708
participation. The cost report shall include, as applicable, all	57709
of the following:	57710

(1) The sale price of the nursing facility or intermediate	57711
care facility for the mentally retarded;	57712

(2) A final depreciation schedule that shows which assets are	57713
transferred to the buyer and which assets are not transferred to	57714
the buyer;	57715

(3) Any other information the department requires.

57716

(B) The department, at its sole discretion, may waive the	57717
requirement that an exiting operator file a cost report in	57718
accordance with division (A) of this section.	57719

Sec. 5111.684. If an exiting operator required by section	57720
5111.683 of the Revised Code to file a cost report with the	57721
department of job and family services fails to file the cost	57722
report in accordance with that section, all payments under the	57723
medicaid program for the period the cost report is required to	57724
cover are deemed overpayments until the date the department	57725
receives the properly completed cost report. The department may	57726
impose on the exiting operator a penalty of one hundred dollars	57727
for each calendar day the properly completed cost report is late.	57728

Sec. 5111.685. The department of job and family services may	57729
not provide an exiting operator final payment under the medicaid	57730
program until the department receives all properly completed cost	57731
reports the exiting operator is required to file under sections	57732
5111.26 and 5111.683 of the Revised Code.	57733

Sec. 5111.686. The department of job and family services	57734
shall determine the actual amount of debt an exiting operator owes	57735
the department under the medicaid program by completing all final	57736
fiscal audits not already completed and performing all other	57737
appropriate actions the department determines to be necessary. The	57738
department shall issue a report on this matter not later than	57739
ninety days after the date the exiting operator files the properly	57740
completed cost report required by section 5111.683 of the Revised	57741
Code with the department or, if the department waives the cost	57742
report requirement for the exiting operator, one hundred eighty	57743
days after the date the department waives the cost report	57744
requirement. The report shall include the department's findings	57745
and the amount of debt the department determines the exiting	57746
operator owes the department and United States centers for	57747
medicare and medicaid services under the medicaid program. Only	57748
the parts of the report that are subject to an adjudication as	57749
specified in division (B) of section 5111.29 of the Revised Code	57750
are subject to an adjudication conducted in accordance with	57751
Chapter 119. of the Revised Code.	57752

Sec. 5111.687. The department of job and family services	57753
shall release the actual amount withheld under division (A) of	57754
section 5111.681 of the Revised Code, and any security provided to	57755
the department under that section, less any amount the exiting	57756
operator owes the department and United States centers for	57757
medicare and medicaid services under the medicaid program, as	57758
follows:	57759

(A) Ninety-one days after the date the exiting operator files	57760
a properly completed cost report required by section 5111.683 of	57761
the Revised Code unless the department issues the report required	57762
by section 5111.686 of the Revised Code not later than ninety days	57763
after the date the exiting operator files the properly completed	57764
cost report;	57765

(B) Not later than fifteen days after the exiting operator	57766
agrees to a final fiscal audit resulting from the report required	57767
by section 5111.686 of the Revised Code if the department issues	57768
the report not later than ninety days after the date the exiting	57769
operator files a properly completed cost report required by	57770
section 5111.683 of the Revised Code;	57771

(C) One hundred eighty-one days after the date the department	57772
waives the cost report requirement of section 5111.683 of the	57773
Revised Code unless the department issues the report required by	57774
section 5111.686 of the Revised Code not later than one hundred	57775
eighty days after the date the department waives the cost report	57776
requirement;	57777

(D) Not later than fifteen days after the exiting operator	57778
agrees to a final fiscal audit resulting from the report required	57779
by section 5111.686 of the Revised Code if the department issues	57780
the report not later than one hundred eighty days after the date	57781
the department waives the cost report requirement of section	57782
5111.683 of the Revised Code.	57783

Sec. 5111.688. If the actual amount the department of job and	57784
family services withholds from an exiting operator under division	57785
(A) of section 5111.681 of the Revised Code, and any security	57786
provided to the department under that section, is inadequate to	57787
pay the exiting operator's debt to the department and United	57788
States centers for medicare and medicaid services under the	57789
medicaid program or the department is required to release the	57790
withholdings and security under section 5111.687 of the Revised	57791
Code before the department is paid the exiting operator's debt,	57792
the department shall collect the debt as follows:	57793

(A) From the exiting operator;

57794

(B) From the entering operator if the department is unable to	57795
collect the entire debt from the exiting operator and the entering	57796
operator entered into a provider agreement under section 5111.671	57797
or 5111.672 of the Revised Code. The department may collect the	57798
remaining debt by withholding the amount due from payments to the	57799
entering operator under the medicaid program. The department may	57800
enter into an agreement with the entering operator under which the	57801
entering operator pays the remaining debt, with applicable	57802
interest, in installments from withholdings from the entering	57803
operator's payments under the medicaid program.	57804

Sec. 5111.689. The department of job and family services, at	57805
its sole discretion, may release the amount withheld under	57806
division (A) of section 5111.681 of the Revised Code, and any	57807
security provided to the department under that section, if the	57808
exiting operator submits to the department written notice of a	57809
postponement of a change of operator, facility closure, voluntary	57810
termination, or voluntary withdrawal of participation and the	57811
transactions leading to the change of operator, facility closure,	57812
voluntary termination, or voluntary withdrawal of participation	57813
are postponed for at least thirty days but less than ninety days	57814
after the date originally proposed for the change of operator,	57815
facility closure, voluntary termination, or voluntary withdrawal	57816
of participation as reported in the written notice required by	57817
section 5111.66 or 5111.67 of the Revised Code. The department	57818
shall release the amount withheld and security if the exiting	57819
operator submits to the department written notice of a	57820
cancellation or postponement of a change of operator, facility	57821
closure, voluntary termination, or voluntary withdrawal of	57822
participation and the transactions leading to the change of	57823
operator, facility closure, voluntary termination, or voluntary	57824
withdrawal of participation are canceled, or postponed for more	57825
than ninety days after the date originally proposed for the change	57826
of operator, facility closure, voluntary termination, or voluntary	57827
withdrawal of participation as reported in the written notice	57828
required by section 5111.66 or 5111.67 of the Revised Code.	57829

After the department receives a written notice regarding a	57830
cancellation or postponement of a facility closure, voluntary	57831
termination, or voluntary withdrawal of participation, the exiting	57832
operator or owner shall provide new written notice to the	57833
department under section 5111.66 of the Revised Code regarding any	57834
transactions leading to a facility closure, voluntary termination,	57835
or voluntary withdrawal of participation at a future time. After	57836
the department receives a written notice regarding a cancellation	57837
or postponement of a change of operator, the exiting operator or	57838
owner and entering operator shall provide new written notice to	57839
the department under section 5111.67 of the Revised Code regarding	57840
any transactions leading to a change of operator at a future time.	57841

Sec. 5111.6810. The director of job and family services may	57842
adopt rules in accordance with Chapter 119. of the Revised Code to	57843
implement sections 5111.65 to 5111.6810 of the Revised Code,	57844
including rules applicable to an exiting operator that provides	57845
written notification under section 5111.66 of the Revised Code of	57846
a voluntary withdrawal of participation. Rules adopted under this	57847
section shall comply with section 1919(c)(2)(F) of the "Social	57848
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396r(c)(2)(F),	57849
regarding restrictions on transfers or discharges of nursing	57850
facility residents in the case of a voluntary withdrawal of	57851
participation. The rules may prescribe a medicaid reimbursement	57852
methodology and other procedures that are applicable after the	57853
effective date of a voluntary withdrawal of participation that	57854
differ from the reimbursement methodology and other procedures	57855
that would otherwise apply.	57856

Sec. 5111.85.  (A) As used in this section, "medicaid waiver	57857
component" means a component of the medicaid program authorized by	57858
a waiver granted by the United States department of health and	57859
human services under section 1115 or 1915 of the "Social Security	57860
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1315 or 1396n. "Medicaid	57861
waiver component" does not include a managed care management	57862
system established under section 5111.175111.16 of the Revised	57863
Code.	57864

(B) The director of job and family services may adopt rules	57865
under Chapter 119. of the Revised Code governing medicaid waiver	57866
components that establish all of the following:	57867

(1) Eligibility requirements for the medicaid waiver	57868
components;	57869

(2) The type, amount, duration, and scope of services the	57870
medicaid waiver components provide;	57871

(3) The conditions under which the medicaid waiver components	57872
cover services;	57873

(4) The amount the medicaid waiver components pay for	57874
services or the method by which the amount is determined;	57875

(5) The manner in which the medicaid waiver components pay	57876
for services;	57877

(6) Safeguards for the health and welfare of medicaid	57878
recipients receiving services under a medicaid waiver component;	57879

(7) Procedures for enforcing the rules, including	57880
establishing corrective action plans for, and imposing financial	57881
and administrative sanctions on, persons and government entities	57882
that violate the rules. Sanctions shall include terminating	57883
medicaid provider agreements. The procedures shall include due	57884
process protections.	57885

(8) Other policies necessary for the efficient administration	57886
of the medicaid waiver components.	57887

(C) The director of job and family services may adopt	57888
different rules for the different medicaid waiver components. The	57889
rules shall be consistent with the terms of the waiver authorizing	57890
the medicaid waiver component.	57891

(D) The director of job and family services may conduct	57892
reviews of the medicaid waiver components. The reviews may include	57893
physical inspections of records and sites where services are	57894
provided under the medicaid waiver components and interviews of	57895
providers and recipients of the services. If the director	57896
determines pursuant to a review that a person or government entity	57897
has violated a rule governing a medicaid waiver component, the	57898
director may establish a corrective action plan for the violator	57899
and impose fiscal, administrative, or both types of sanctions on	57900
the violator in accordance with rules adopted under division (B)	57901
of this section.	57902

Sec. 5111.87. As used in this section and section 5111.871 of	57903
the Revised Code, "intermediate care facility for the mentally	57904
retarded" has the same meaning as in section 5111.20 of the	57905
Revised Code.	57906

The director of job and family services may apply to the	57907
United States secretary of health and human services for one or	57908
more medicaid waivers under which home and community-based	57909
services are provided to individuals with mental retardation or	57910
other developmental disability as an alternative to placement in	57911
an intermediate care facility for the mentally retarded. Before	57912
the director appliesThe director of mental retardation and	57913
developmental disabilities may request that the director of job	57914
and family services apply for one or more medicaid waivers under	57915
this section.	57916

Before applying for a waiver under this section, the director	57917
of job and family services shall seek, accept, and consider public	57918
comments.	57919

Sec. 5111.871.  The department of job and family services	57920
shall enter into a contract with the department of mental	57921
retardation and developmental disabilities under section 5111.91	57922
of the Revised Code with regard to one or more of the component	57923
components of the medicaid program established by the department	57924
of job and family services under one or more of the medicaid	57925
waivers from the United States secretary of health and human	57926
services pursuant to section 1915 of the "Social Security Act," 49	57927
Stat. 620 (1935), 42 U.S.C.A. 1396n, as amended, to provide	57928
eligible medicaid recipients with home and community-based	57929
services as an alternative to placement in an intermediate care	57930
facility for the mentally retardedsought under section 5111.87 of	57931
the Revised Code. The contract shall provide for the department of	57932
mental retardation and developmental disabilities to administer	57933
the componentcomponents in accordance with the terms of the	57934
waiverwaivers. The directors of job and family services and	57935
mental retardation and developmental disabilities shall adopt	57936
rules in accordance with Chapter 119. of the Revised Code	57937
governing the componentcomponents.	57938

If the department of mental retardation and developmental	57939
disabilities or the department of job and family services denies	57940
an individual's application for home and community-based services	57941
provided under thisany of these medicaid componentcomponents,	57942
the department that denied the services shall give timely notice	57943
to the individual that the individual may request a hearing under	57944
section 5101.35 of the Revised Code.	57945

The departments of mental retardation and developmental	57946
disabilities and job and family services may approve, reduce,	57947
deny, or terminate a service included in the individualized	57948
service plan developed for a medicaid recipient eligible for home	57949
and community-based services provided under thisany of these	57950
medicaid componentcomponents. The departments shall consider the	57951
recommendations a county board of mental retardation and	57952
developmental disabilities makes under division (A)(1)(c) of	57953
section 5126.055 of the Revised Code. If either department	57954
approves, reduces, denies, or terminates a service, that	57955
department shall give timely notice to the medicaid recipient that	57956
the recipient may request a hearing under section 5101.35 of the	57957
Revised Code.	57958

If supported living or residential services, as defined in	57959
section 5126.01 of the Revised Code, are to be provided under this	57960
componentany of these components, any person or government entity	57961
with a current, valid medicaid provider agreement and a current,	57962
valid license under section 5123.19 or certificate under section	57963
5123.045 or 5126.431 of the Revised Code may provide the services.	57964

Sec. 5111.872. When the department of mental retardation and	57965
developmental disabilities allocates enrollment numbers to a	57966
county board of mental retardation and developmental disabilities	57967
for home and community-based services provided under any of the	57968
componentcomponents of the medicaid program that the department	57969
administers under section 5111.871 of the Revised Code, the	57970
department shall consider all of the following:	57971

(A) The number of individuals with mental retardation or	57972
other developmental disability who are on a waiting list the	57973
county board establishes under division (C) of section 5126.042 of	57974
the Revised Code for those services and are given priority on the	57975
waiting list pursuant to division (D) or (E) of that section;	57976

(B) The implementation component required by division (A)(4)	57977
of section 5126.054 of the Revised Code of the county board's plan	57978
approved under section 5123.046 of the Revised Code;	57979

(C) Anything else the department considers necessary to	57980
enable county boards to provide those services to individuals in	57981
accordance with the priority requirements of divisiondivisions	57982
(D) and (E) of section 5126.042 of the Revised Code.	57983

Sec. 5111.873. (A) Not later than the effective date of the	57984
first of any medicaid waivers the United States secretary of	57985
health and human services grants pursuant to a request made under	57986
section 5111.87 of the Revised Code, the director of job and	57987
family services shall adopt rules in accordance with Chapter 119.	57988
of the Revised Code establishing statewide fee schedules for home	57989
and community-based services provided under the component	57990
components of the medicaid program that the department of mental	57991
retardation and developmental disabilities administers under	57992
section 5111.871 of the Revised Code. The rules shall provide for	57993
all of the following:	57994

(1) The department of mental retardation and developmental	57995
disabilities arranging for the initial and ongoing collection of	57996
cost information from a comprehensive, statistically valid sample	57997
of persons and government entities providing the services at the	57998
time the information is obtained;	57999

(2) The collection of consumer-specific information through	58000
an assessment instrument the department of mental retardation and	58001
developmental disabilities shall provide to the department of job	58002
and family services;	58003

(3) With the information collected pursuant to divisions	58004
(A)(1) and (2) of this section, an analysis of that information,	58005
and other information the director determines relevant, methods	58006
and standards for calculating the fee schedules that do all of the	58007
following:	58008

(a) Assure that the fees are consistent with efficiency,	58009
economy, and quality of care;	58010

(b) Consider the intensity of consumer resource need;

58011

(c) Recognize variations in different geographic areas	58012
regarding the resources necessary to assure the health and welfare	58013
of consumers;	58014

(d) Recognize variations in environmental supports available	58015
to consumers.	58016

(B) As part of the process of adopting rules under this	58017
section, the director shall consult with the director of mental	58018
retardation and developmental disabilities, representatives of	58019
county boards of mental retardation and developmental	58020
disabilities, persons who provide the home and community-based	58021
services, and other persons and government entities the director	58022
identifies.	58023

(C) The directors of job and family services and mental	58024
retardation and developmental disabilities shall review the rules	58025
adopted under this section at times they determine to ensure that	58026
the methods and standards established by the rules for calculating	58027
the fee schedules continue to do everything that division (A)(3)	58028
of this section requires.	58029

Sec. 5111.911. Any contract the department of job and family	58030
services enters into with the department of mental health or	58031
department of alcohol and drug addiction services under section	58032
5111.91 of the Revised Code is subject to the approval of the	58033
director of budget and management and shall require or specify all	58034
of the following:	58035

(A) In the case of a contract with the department of mental	58036
health, that section 5111.912 of the Revised Code be complied	58037
with;	58038

(B) In the case of a contract with the department of alcohol	58039
and drug addiction services, that section 5111.913 of the Revised	58040
Code be complied with;	58041

(C) How providers will be paid for providing the services;

58042

(D) The department of mental health's or department of	58043
alcohol and drug addiction services' responsibilities for	58044
reimbursing providers, including program oversight and quality	58045
assurance.	58046

Sec. 5111.912. If the department of job and family services	58047
enters into a contract with the department of mental health under	58048
section 5111.91 of the Revised Code, the department of mental	58049
health and boards of alcohol, drug addiction, and mental health	58050
services shall pay the nonfederal share of any medicaid payment to	58051
a provider for services under the component, or aspect of the	58052
component, the department of mental health administers.	58053

Sec. 5111.913. If the department of job and family services	58054
enters into a contract with the department of alcohol and drug	58055
addiction services under section 5111.91 of the Revised Code, the	58056
department of alcohol and drug addiction services and boards of	58057
alcohol, drug addiction, and mental health services shall pay the	58058
nonfederal share of any medicaid payment to a provider for	58059
services under the component, or aspect of the component, the	58060
department of alcohol and drug addiction services administers.	58061

Sec. 5111.92.  (A)(1) Except as provided in division (B) of	58062
this section, if a state agency or political subdivision	58063
administers one or more components of the medicaid program that	58064
the United States department of health and human services	58065
approved, and for which federal financial participation was	58066
initially obtained, prior to January 1, 2002, or administers one	58067
or more aspects of such a component, the department of job and	58068
family services may retain or collect not more than ten per cent	58069
of the federal financial participation the state agency or	58070
political subdivision obtains through an approved, administrative	58071
claim regarding the component or aspect of the component. If the	58072
department retains or collects a percentage of such federal	58073
financial participation, the percentage the department retains or	58074
collects shall be specified in a contract the department enters	58075
into with the state agency or political subdivision under section	58076
5111.91 of the Revised Code.	58077

(2) Except as provided in division (B) of this section, if a	58078
state agency or political subdivision administers one or more	58079
components of the medicaid program that the United States	58080
department of health and human services approved on or after	58081
January 1, 2002, or administers one or more aspects of such a	58082
component, the department of job and family services shall retain	58083
or collect not less than three and not more than ten per cent of	58084
the federal financial participation the state agency or political	58085
subdivision obtains through an approved, administrative claim	58086
regarding the component or aspect of the component. The percentage	58087
the department retains or collects shall be specified in a	58088
contract the department enters into with the state agency or	58089
political subdivision under section 5111.91 of the Revised Code.	58090

(B) The department of job and family services may retain or	58091
collect a percentage of federal financial participation under	58092
divisions (A)(1) and (2) of this section only to the extent	58093
permitted by federal statutes and regulations and shall not retain	58094
or collect a percentage of federal financial participation	58095
obtained pursuant to section 5126.058 of the Revised Code.	58096

(C) All amounts the department retains or collects under this	58097
section shall be deposited into the health care services	58098
administration fund created under section 5111.94 of the Revised	58099
Code.	58100

Sec. 5111.94.  (A) As used in this section, "vendor offset"	58101
means a reduction of a medicaid payment to a medicaid provider to	58102
correct a previous, incorrect medicaid payment to that provider.	58103

(B) There is hereby created in the state treasury the health	58104
care services administration fund. Except as provided in division	58105
(C) of this section, all the following shall be deposited into the	58106
fund:	58107

(1) Amounts deposited into the fund pursuant to sections	58108
5111.92 and 5111.93 of the Revised Code;	58109

(2) The amount of the state share of all money the department	58110
of job and family services, in fiscal year 2003 and each fiscal	58111
year thereafter, recovers pursuant to a tort action under the	58112
department's right of recovery under section 5101.58 of the	58113
Revised Code that exceeds the state share of all money the	58114
department, in fiscal year 2002, recovers pursuant to a tort	58115
action under that right of recovery;	58116

(3) Subject to division (D) of this section, the amount of	58117
the state share of all money the department of job and family	58118
services, in fiscal year 2003 and each fiscal year thereafter,	58119
recovers through audits of medicaid providers that exceeds the	58120
state share of all money the department, in fiscal year 2002,	58121
recovers through such audits;	58122

(4) Until October 16, 2003, amountsAmounts from assessments	58123
on hospitals under section 5112.06 of the Revised Code and	58124
intergovernmental transfers by governmental hospitals under	58125
section 5112.07 of the Revised Code that are deposited into the	58126
fund in accordance with the law.	58127

(C) No funds shall be deposited into the health care services	58128
administration fund in violation of federal statutes or	58129
regulations.	58130

(D) In determining under division (B)(3) of this section the	58131
amount of money the department, in a fiscal year, recovers through	58132
audits of medicaid providers, the amount recovered in the form of	58133
vendor offset shall be excluded.	58134

(E) The director of job and family services shall use funds	58135
available in the health care services administration fund to pay	58136
for costs associated with the administration of the medicaid	58137
program.	58138

Sec. 5111.95.  (A) As used in this section:

58139

(1) "Applicant" means a person who is under final	58140
consideration for employment or, after the effective date of this	58141
section, an existing employee with a waiver agency in a full-time,	58142
part-time, or temporary position that involves providing home and	58143
community-based waiver services to a person with disabilities.	58144
"Applicant" also means an existing employee with a waiver agency	58145
in a full-time, part-time, or temporary position that involves	58146
providing home and community-based waiver services to a person	58147
with disabilities after the effective date of this section.	58148

(2) "Criminal records check" has the same meaning as in	58149
section 109.572 of the Revised Code.	58150

(3) "Waiver agency" means a person or government entity that	58151
is not certified under the medicare program and is accredited by	58152
the community health accreditation program or the joint commission	58153
on accreditation of health care organizations or a company that	58154
provides home and community-based waiver services to persons with	58155
disabilities through department of job and family services	58156
administered home and community-based waiver programs. "Waiver	58157
agency" does not include a person or government entity that	58158
provides home and community-based waiver services through	58159
components of the medicaid program being administered by the	58160
department of mental retardation and developmental disabilities	58161
pursuant to a contract entered into with the department of job and	58162
family services under section 5111.871 of the Revised Code.	58163

(4) "Home and community-based waiver services" means services	58164
furnished under the provision of 42 C.F.R. 441, subpart G, that	58165
permit individuals to live in a home setting rather than a nursing	58166
facility or hospital. Home and community-based waiver services are	58167
approved by the centers for medicare and medicaid for specific	58168
populations and are not otherwise available under the medicaid	58169
state plan.	58170

(B)(1) The chief administrator of a waiver agency shall	58171
request that the superintendent of the bureau of criminal	58172
identification and investigation conduct a criminal records check	58173
with respect to each applicant. If an applicant for whom a	58174
criminal records check request is required under this division	58175
does not present proof of having been a resident of this state for	58176
the five-year period immediately prior to the date the criminal	58177
records check is requested or provide evidence that within that	58178
five-year period the superintendent has requested information	58179
about the applicant from the federal bureau of investigation in a	58180
criminal records check, the chief administrator shall request that	58181
the superintendent obtain information from the federal bureau of	58182
investigation as part of the criminal records check of the	58183
applicant. Even if an applicant for whom a criminal records check	58184
request is required under this division presents proof of having	58185
been a resident of this state for the five-year period, the chief	58186
administrator may request that the superintendent include	58187
information from the federal bureau of investigation in the	58188
criminal records check.	58189

(2) A person required by division (B)(1) of this section to	58190
request a criminal records check shall do both of the following:	58191

(a) Provide to each applicant for whom a criminal records	58192
check request is required under division (B)(1) of this section a	58193
copy of the form prescribed pursuant to division (C)(1) of section	58194
109.572 of the Revised Code and a standard fingerprint impression	58195
sheet prescribed pursuant to division (C)(2) of that section, and	58196
obtain the completed form and impression sheet from the applicant;	58197

(b) Forward the completed form and impression sheet to the	58198
superintendent of the bureau of criminal identification and	58199
investigation.	58200

(3) An applicant provided the form and fingerprint impression	58201
sheet under division (B)(2)(a) of this section who fails to	58202
complete the form or provide fingerprint impressions shall not be	58203
employed in any position in a waiver agency for which a criminal	58204
records check is required by this section.	58205

(C)(1) Except as provided in rules adopted by the department	58206
of job and family services in accordance with division (F) of this	58207
section and subject to division (C)(2) of this section, no waiver	58208
agency shall employ a person in a position that involves providing	58209
home and community-based waiver services to persons with	58210
disabilities if the person has been convicted of or pleaded guilty	58211
to any of the following:	58212

(a) A violation of section 2903.01, 2903.02, 2903.03,	58213
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	58214
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	58215
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	58216
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	58217
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	58218
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	58219
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	58220
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	58221
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	58222
Revised Code, felonious sexual penetration in violation of former	58223
section 2907.12 of the Revised Code, a violation of section	58224
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	58225
violation of section 2919.23 of the Revised Code that would have	58226
been a violation of section 2905.04 of the Revised Code as it	58227
existed prior to July 1, 1996, had the violation been committed	58228
prior to that date;	58229

(b) An existing or former law of this state, any other state,	58230
or the United States that is substantially equivalent to any of	58231
the offenses listed in division (C)(1)(a) of this section.	58232

(2)(a) A waiver agency may employ conditionally an applicant	58233
for whom a criminal records check request is required under	58234
division (B) of this section prior to obtaining the results of a	58235
criminal records check regarding the individual, provided that the	58236
agency shall request a criminal records check regarding the	58237
individual in accordance with division (B)(1) of this section not	58238
later than five business days after the individual begins	58239
conditional employment.	58240

(b) A waiver agency that employs an individual conditionally	58241
under authority of division (C)(2)(a) of this section shall	58242
terminate the individual's employment if the results of the	58243
criminal records check request under division (B) of this section,	58244
other than the results of any request for information from the	58245
federal bureau of investigation, are not obtained within the	58246
period ending sixty days after the date the request is made.	58247
Regardless of when the results of the criminal records check are	58248
obtained, if the results indicate that the individual has been	58249
convicted of or pleaded guilty to any of the offenses listed or	58250
described in division (C)(1) of this section, the agency shall	58251
terminate the individual's employment unless the agency chooses to	58252
employ the individual pursuant to division (F) of this section.	58253
Termination of employment under this division shall be considered	58254
just cause for discharge for purposes of division (D)(2) of	58255
section 4141.29 of the Revised Code if the individual makes any	58256
attempt to deceive the agency about the individual's criminal	58257
record.	58258

(D)(1) Each waiver agency shall pay to the bureau of criminal	58259
identification and investigation the fee prescribed pursuant to	58260
division (C)(3) of section 109.572 of the Revised Code for each	58261
criminal records check conducted pursuant to a request made under	58262
division (B) of this section.	58263

(2) A waiver agency may charge an applicant a fee not	58264
exceeding the amount the agency pays under division (D)(1) of this	58265
section. An agency may collect a fee only if the agency notifies	58266
the person at the time of initial application for employment of	58267
the amount of the fee and that, unless the fee is paid, the person	58268
will not be considered for employment.	58269

(E) The report of any criminal records check conducted	58270
pursuant to a request made under this section is not a public	58271
record for the purposes of section 149.43 of the Revised Code and	58272
shall not be made available to any person other than the	58273
following:	58274

(1) The individual who is the subject of the criminal records	58275
check or the individual's representative;	58276

(2) The chief administrator of the agency requesting the	58277
criminal records check or the administrator's representative;	58278

(3) A court, hearing officer, or other necessary individual	58279
involved in a case dealing with a denial of employment of the	58280
applicant or dealing with employment or unemployment benefits of	58281
the applicant.	58282

(F) The department shall adopt rules in accordance with	58283
Chapter 119. of the Revised Code to implement this section. The	58284
rules shall specify circumstances under which a waiver agency may	58285
employ a person who has been convicted of or pleaded guilty to an	58286
offense listed or described in division (C)(1) of this section but	58287
meets personal character standards set by the department.	58288

(G) The chief administrator of a waiver agency shall inform	58289
each person, at the time of initial application for a position	58290
that involves providing home and community-based waiver services	58291
to a person with a disability, that the person is required to	58292
provide a set of fingerprint impressions and that a criminal	58293
records check is required to be conducted if the person comes	58294
under final consideration for employment.	58295

(H)(1) A person who, on the effective date of this section,	58296
is an employee of a waiver agency in a full-time, part-time, or	58297
temporary position that involves providing home and	58298
community-based waiver services to a person with disabilities	58299
shall comply with this section within sixty days after the	58300
effective date of this section unless division (H)(2) of this	58301
section applies.	58302

(2) This section shall not apply to a person to whom all of	58303
the following apply:	58304

(a) On the effective date of this section, the person is an	58305
employee of a waiver agency in a full-time, part-time, or	58306
temporary position that involves providing home and	58307
community-based waiver services to a person with disabilities.	58308

(b) The person previously had been the subject of a criminal	58309
background check relating to that position;	58310

(c) The person has been continuously employed in that	58311
position since that criminal background check had been conducted.	58312

Sec. 5111.96.  (A) As used in this section:

58313

(1) "Anniversary date" means the later of the effective date	58314
of the provider agreement relating to the independent provider or	58315
sixty days after the effective date of this section.	58316

(2) "Criminal records check" has the same meaning as in	58317
section 109.572 of the Revised Code.	58318

(3) "The department" means the department of job and family	58319
services or its designee.	58320

(4) "Independent provider" means a person who is submitting	58321
an application for a provider agreement or who has a provider	58322
agreement as an independent provider in a department of job and	58323
family services administered home and community-based services	58324
program providing home and community-based waiver services to	58325
consumers with disabilities.	58326

(5) "Home and community-based waiver services" has the same	58327
meaning as in section 5111.95 of the Revised Code.	58328

(B)(1) The department shall inform each independent provider,	58329
at the time of initial application for a provider agreement that	58330
involves providing home and community-based waiver services to	58331
consumers with disabilities, that the independent provider is	58332
required to provide a set of fingerprint impressions and that a	58333
criminal records check is required to be conducted if the person	58334
is to become an independent provider in a department administered	58335
home and community-based waiver program.	58336

(2) Beginning on the effective date of this section, the	58337
department shall inform each enrolled medicaid independent	58338
provider on or before time of the anniversary date of the provider	58339
agreement that involves providing home and community-based waiver	58340
services to consumers with disabilities that the independent	58341
provider is required to provide a set of fingerprint impressions	58342
and that a criminal records check is required to be conducted.	58343

(C)(1) The department shall require the independent provider	58344
to complete a criminal records check prior to entering into a	58345
provider agreement with the independent provider and at least	58346
annually thereafter. If an independent provider for whom a	58347
criminal records check is required under this division does not	58348
present proof of having been a resident of this state for the	58349
five-year period immediately prior to the date the criminal	58350
records check is requested or provide evidence that within that	58351
five-year period the superintendent has requested information	58352
about the applicant from the federal bureau of investigation in a	58353
criminal records check, the department shall request the	58354
independent provider obtain through the superintendent a criminal	58355
records request from the federal bureau of investigation as part	58356
of the criminal records check of the independent provider. Even if	58357
an independent provider for whom a criminal records check request	58358
is required under this division presents proof of having been a	58359
resident of this state for the five-year period, the department	58360
may request that the independent provider obtain information	58361
through the superintendent from the federal bureau of	58362
investigation in the criminal records check.	58363

(2) The department shall do both of the following:

58364

(a) Provide information to each independent provider for whom	58365
a criminal records check request is required under division (C)(1)	58366
of this section about requesting a copy of the form prescribed	58367
pursuant to division (C)(1) of section 109.572 of the Revised Code	58368
and a standard fingerprint impression sheet prescribed pursuant to	58369
division (C)(2) of that section, and obtain the completed form and	58370
impression sheet and fee from the independent provider;	58371

(b) Forward the completed form, impression sheet, and fee to	58372
the superintendent of the bureau of criminal identification and	58373
investigation.	58374

(3) An independent provider given information about obtaining	58375
the form and fingerprint impression sheet under division (C)(2)(a)	58376
of this section who fails to complete the form or provide	58377
fingerprint impressions shall not be approved as an independent	58378
provider.	58379

(D) Except as provided in rules adopted by the department in	58380
accordance with division (G) of this section, the department shall	58381
not issue a new provider agreement to, and shall terminate an	58382
existing provider agreement of, an independent provider if the	58383
person has been convicted of or pleaded guilty to any of the	58384
following:	58385

(1) A violation of section 2903.01, 2903.02, 2903.03,	58386
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	58387
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	58388
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	58389
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	58390
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	58391
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	58392
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	58393
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	58394
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	58395
Revised Code, felonious sexual penetration in violation of former	58396
section 2907.12 of the Revised Code, a violation of section	58397
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	58398
violation of section 2919.23 of the Revised Code that would have	58399
been a violation of section 2905.04 of the Revised Code as it	58400
existed prior to July 1, 1996, had the violation been committed	58401
prior to that date;	58402

(2) An existing or former law of this state, any other state,	58403
or the United States that is substantially equivalent to any of	58404
the offenses listed in division (D)(1) of this section.	58405

(E) Each independent provider shall pay to the bureau of	58406
criminal identification and investigation the fee prescribed	58407
pursuant to division (C)(3) of section 109.572 of the Revised Code	58408
for each criminal records check conducted pursuant to a request	58409
made under division (C) of this section.	58410

(F) The report of any criminal records check conducted by the	58411
bureau of criminal identification and investigation in accordance	58412
with section 109.572 of the Revised Code and pursuant to a request	58413
made under division (C) of this section is not a public record for	58414
the purposes of section 149.43 of the Revised Code and shall not	58415
be made available to any person other than the following:	58416

(1) The person who is the subject of the criminal records	58417
check or the person's representative;	58418

(2) The administrator at the department who is requesting the	58419
criminal records check or the administrator's representative;	58420

(3) Any court, hearing officer, or other necessary individual	58421
involved in a case dealing with a denial or termination of a	58422
provider agreement related to the criminal records check.	58423

(G) The department shall adopt rules in accordance with	58424
Chapter 119. of the Revised Code to implement this section. The	58425
rules shall specify circumstances under which the department may	58426
issue a provider agreement to an independent provider who has been	58427
convicted of or pleaded guilty to an offense listed or described	58428
in division (C)(1) of this section but meets personal character	58429
standards set by the department.	58430

Sec. 5111.97. (A) The director of job and family services may	58431
submit a request to the United States secretary of health and	58432
human services pursuant to section 1915 of the "Social Security	58433
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, as amended, to obtain	58434
waivers of federal medicaid requirements that would otherwise be	58435
violated in the creation and implementation of two medicaid home	58436
and community-based services programs to replace the Ohio home	58437
care program being operated pursuant to rules adopted under	58438
sections 5111.01 and 5111.02 of the Revised Code and a medicaid	58439
waiver granted prior to the effective date of this section. In the	58440
request, the director may specify the following:	58441

(1) That one of the replacement programs will provide home	58442
and community-based services to individuals in need of nursing	58443
facility care, including individuals enrolled in the Ohio home	58444
care program;	58445

(2) That the other replacement program will provide services	58446
to individuals in need of hospital care, including individuals	58447
enrolled in the Ohio home care program;	58448

(3) That there will be a maximum number of individuals who	58449
may be enrolled in the replacement programs in addition to the	58450
number of individuals to be transferred from the Ohio home care	58451
program;	58452

(4) That there will be a maximum amount the department may	58453
expend each year for each individual enrolled in the replacement	58454
programs;	58455

(5) That there will be a maximum aggregate amount the	58456
department may expend each year for all individuals enrolled in	58457
the replacement programs;	58458

(6) Any other requirement the director selects for the	58459
replacement programs.	58460

(B) If the secretary grants the medicaid waivers requested,	58461
the director may create and implement the replacement programs in	58462
accordance with the provisions of the waivers granted. The	58463
department of job and family services shall administer the	58464
replacement programs.	58465

As the replacement programs are implemented, the director	58466
shall reduce the maximum number of individuals who may be enrolled	58467
in the Ohio home care program by the number of individuals who are	58468
transferred to the replacement programs. When all individuals who	58469
are eligible to be transferred to the replacement programs have	58470
been transferred, the director may submit to the secretary an	58471
amendment to the state medicaid plan to provide for the	58472
elimination of the Ohio home care program.	58473

Sec. 5112.03.  (A) The director of job and family services	58474
shall adopt, and may amend and rescind, rules in accordance with	58475
Chapter 119. of the Revised Code for the purpose of administering	58476
sections 5112.01 to 5112.21 of the Revised Code, including rules	58477
that do all of the following:	58478

(1) Define as a "disproportionate share hospital" any	58479
hospital included under subsection (b) of section 1923 of the	58480
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	58481
1396r-4(b), as amended, and any other hospital the director	58482
determines appropriate;	58483

(2) Prescribe the form for submission of cost reports under	58484
section 5112.04 of the Revised Code;	58485

(3) Establish, in accordance with division (A) of section	58486
5112.06 of the Revised Code, the assessment rate or rates to be	58487
applied to hospitals under that section;	58488

(4) Establish schedules for hospitals to pay installments on	58489
their assessments under section 5112.06 of the Revised Code and	58490
for governmental hospitals to pay installments on their	58491
intergovernmental transfers under section 5112.07 of the Revised	58492
Code;	58493

(5) Establish procedures to notify hospitals of adjustments	58494
made under division (B)(2)(b) of section 5112.06 of the Revised	58495
Code in the amount of installments on their assessment;	58496

(6) Establish procedures to notify hospitals of adjustments	58497
made under division (D) of section 5112.09 of the Revised Code in	58498
the total amount of their assessment and to adjust for the	58499
remainder of the program year the amount of the installments on	58500
the assessments;	58501

(7) Establish, in accordance with section 5112.08 of the	58502
Revised Code, the methodology for paying hospitals under that	58503
section.	58504

The director shall consult with hospitals when adopting the	58505
rules required by divisions (A)(4) and (5) of this section in	58506
order to minimize hospitals' cash flow difficulties.	58507

(B) Rules adopted under this section may provide that "total	58508
facility costs" excludes costs associated with any of the	58509
following:	58510

(1) Recipients of the medical assistance program;

58511

(2) Recipients of financial assistance provided under Chapter	58512
5115. of the Revised Code;	58513

(3) Recipients of disability assistance medical assistance	58514
provided under Chapter 5115. of the Revised Code;	58515

(3)(4) Recipients of the program for medically handicapped	58516
children established under section 3701.023 of the Revised Code;	58517

(4)(5) Recipients of the medicare program established under	58518
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	58519
U.S.C.A. 301, as amended:	58520

(5)(6) Recipients of Title V of the "Social Security Act";

58521

(6)(7) Any other category of costs deemed appropriate by the	58522
director in accordance with Title XIX of the "Social Security Act"	58523
and the rules adopted under that title.	58524

Sec. 5112.08.  The director of job and family services shall	58525
adopt rules under section 5112.03 of the Revised Code establishing	58526
a methodology to pay hospitals that is sufficient to expend all	58527
money in the indigent care pool. Under the rules:	58528

(A) The department of job and family services may classify	58529
similar hospitals into groups and allocate funds for distribution	58530
within each group.	58531

(B) The department shall establish a method of allocating	58532
funds to hospitals, taking into consideration the relative amount	58533
of indigent care provided by each hospital or group of hospitals.	58534
The amount to be allocated shall be based on any combination of	58535
the following indicators of indigent care that the director	58536
considers appropriate:	58537

(1) Total costs, volume, or proportion of services to	58538
recipients of the medical assistance program, including recipients	58539
enrolled in health insuring corporations;	58540

(2) Total costs, volume, or proportion of services to	58541
low-income patients in addition to recipients of the medical	58542
assistance program, which may include recipients of Title V of the	58543
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	58544
amended, and disabilityrecipients of financial or medical	58545
assistance establishedprovided under Chapter 5115. of the Revised	58546
Code;	58547

(3) The amount of uncompensated care provided by the hospital	58548
or group of hospitals;	58549

(4) Other factors that the director considers to be	58550
appropriate indicators of indigent care.	58551

(C) The department shall distribute funds to each hospital or	58552
group of hospitals in a manner that first may provide for an	58553
additional distribution to individual hospitals that provide a	58554
high proportion of indigent care in relation to the total care	58555
provided by the hospital or in relation to other hospitals. The	58556
department shall establish a formula to distribute the remainder	58557
of the funds. The formula shall be consistent with section 1923 of	58558
the "Social Security Act," 42 U.S.C.A. 1396r-4, as amended, shall	58559
be based on any combination of the indicators of indigent care	58560
listed in division (B) of this section that the director considers	58561
appropriate.	58562

(D) The department shall distribute funds to each hospital in	58563
installments not later than ten working days after the deadline	58564
established in rules for each hospital to pay an installment on	58565
its assessment under section 5112.06 of the Revised Code. In the	58566
case of a governmental hospital that makes intergovernmental	58567
transfers, the department shall pay an installment under this	58568
section not later than ten working days after the earlier of that	58569
deadline or the deadline established in rules for the governmental	58570
hospital to pay an installment on its intergovernmental transfer.	58571
If the amount in the hospital care assurance program fund and the	58572
hospital care assurance match fund created under section 5112.18	58573
of the Revised Code is insufficient to make the total	58574
distributions for which hospitals are eligible to receive in any	58575
period, the department shall reduce the amount of each	58576
distribution by the percentage by which the amount is	58577
insufficient. The department shall distribute to hospitals any	58578
amounts not distributed in the period in which they are due as	58579
soon as moneys are available in the funds.	58580

Sec. 5112.17.  (A) As used in this section:

58581

(1) "Federal poverty guideline" means the official poverty	58582
guideline as revised annually by the United States secretary of	58583
health and human services in accordance with section 673 of the	58584
"Community Service Block Grant Act," 95 Stat. 511 (1981), 42	58585
U.S.C.A. 9902, as amended, for a family size equal to the size of	58586
the family of the person whose income is being determined.	58587

(2) "Third-party payer" means any private or public entity or	58588
program that may be liable by law or contract to make payment to	58589
or on behalf of an individual for health care services.	58590
"Third-party payer" does not include a hospital.	58591

(B) Each hospital that receives funds distributed under	58592
sections 5112.01 to 5112.21 of the Revised Code shall provide,	58593
without charge to the individual, basic, medically necessary	58594
hospital-level services to individuals who are residents of this	58595
state, are not recipients of the medical assistance program, and	58596
whose income is at or below the federal poverty guideline.	58597
Recipients of disability financial assistance and recipients of	58598
disability medical assistance provided under Chapter 5115. of the	58599
Revised Code qualify for services under this section. The director	58600
of job and family services shall adopt rules under section 5112.03	58601
of the Revised Code specifying the hospital services to be	58602
provided under this section.	58603

(C) Nothing in this section shall be construed to prevent a	58604
hospital from requiring an individual to apply for eligibility	58605
under the medical assistance program before the hospital processes	58606
an application under this section. Hospitals may bill any	58607
third-party payer for services rendered under this section.	58608
Hospitals may bill the medical assistance program, in accordance	58609
with Chapter 5111. of the Revised Code and the rules adopted under	58610
that chapter, for services rendered under this section if the	58611
individual becomes a recipient of the program. Hospitals may bill	58612
individuals for services under this section if all of the	58613
following apply:	58614

(1) The hospital has an established post-billing procedure	58615
for determining the individual's income and canceling the charges	58616
if the individual is found to qualify for services under this	58617
section.	58618

(2) The initial bill, and at least the first follow-up bill,	58619
is accompanied by a written statement that does all of the	58620
following:	58621

(a) Explains that individuals with income at or below the	58622
federal poverty guideline are eligible for services without	58623
charge;	58624

(b) Specifies the federal poverty guideline for individuals	58625
and families of various sizes at the time the bill is sent;	58626

(c) Describes the procedure required by division (C)(1) of	58627
this section.	58628

(3) The hospital complies with any additional rules the	58629
department adopts under section 5112.03 of the Revised Code.	58630

Notwithstanding division (B) of this section, a hospital	58631
providing care to an individual under this section is subrogated	58632
to the rights of any individual to receive compensation or	58633
benefits from any person or governmental entity for the hospital	58634
goods and services rendered.	58635

(D) Each hospital shall collect and report to the department,	58636
in the form and manner prescribed by the department, information	58637
on the number and identity of patients served pursuant to this	58638
section.	58639

(E) This section applies beginning May 22, 1992, regardless	58640
of whether the department has adopted rules specifying the	58641
services to be provided. Nothing in this section alters the scope	58642
or limits the obligation of any governmental entity or program,	58643
including the program awarding reparations to victims of crime	58644
under sections 2743.51 to 2743.72 of the Revised Code and the	58645
program for medically handicapped children established under	58646
section 3701.023 of the Revised Code, to pay for hospital services	58647
in accordance with state or local law.	58648

Sec. 5112.31.  The department of job and family services	58649
shall:	58650

(A) For the purpose of providing home and community-based	58651
services for mentally retarded and developmentally disabled	58652
persons, annually assess each intermediate care facility for the	58653
mentally retarded a franchise permit fee equal to nine dollars and	58654
twenty-foursixty-three cents multiplied by the product of the	58655
following:	58656

(1) The number of beds certified under Title XIX of the	58657
"Social Security Act" on the first day of May of the calendar year	58658
in which the assessment is determined pursuant to division (A) of	58659
section 5112.33 of the Revised Code;	58660

(2) The number of days in the fiscal year beginning on the	58661
first day of July of the same calendar year.	58662

(B) Not later thanBeginning July 1, 19962005, and the first	58663
day of each July thereafter, adjust fees determined under division	58664
(A) of this section in accordance with the composite inflation	58665
factor established in rules adopted under section 5112.39 of the	58666
Revised Code.	58667

If the United States secretary of health and human services	58668
determines that the franchise permit fee established by sections	58669
5112.30 to 5112.39 of the Revised Code would be an impermissible	58670
health care-related tax under section 1903(w) of the "Social	58671
Security Act," 42 U.S.C.A. 1396b(w), as amended, the department	58672
shall take all necessary actions to cease implementation of those	58673
sections in accordance with rules adopted under section 5112.39 of	58674
the Revised Code.	58675

Sec. 5112.99.  (A) The director of job and family services	58676
shall impose a penalty of one hundred dollars for each day that a	58677
hospital fails to report the information required under section	58678
5112.04 of the Revised Code on or before the dates specified in	58679
that section. The amount of the penalty shall be established by	58680
the director in rules adopted under section 5112.03 of the Revised	58681
Code.	58682

(B) In addition to any other remedy available to the	58683
department of job and family services under law to collect unpaid	58684
assessments and transfers, the director shall impose a penalty of	58685
ten per cent of the amount due, not to exceed twenty thousand	58686
dollars, on any hospital that fails to pay assessments or make	58687
intergovernmental transfers by the dates required by rules adopted	58688
under section 5112.03 of the Revised Code.	58689

(C) The director shall waive the penalties provided for in	58690
divisions (A) and (B) of this section for good cause shown by the	58691
hospital.	58692

(D) All penalties imposed under this section shall be	58693
deposited into the general revenuehealth care administration fund	58694
created by section 5111.94 of the Revised Code.	58695

Sec. 5115.01.  (A) There is hereby establishedThe director	58696
of job and family services shall establish the disability	58697
financial assistance program. Except as provided in division (D)	58698
of this section, a disability assistance recipient shall receive	58699
financial assistance. Except as provided in section 5115.11 of the	58700
Revised Code, a disability assistance recipient also shall receive	58701
disability assistance medical assistance.	58702

Except as provided by division (B) of this section, a person	58703
who meets all of the following requirements is(B) Subject to all	58704
other eligibility requirements established by this chapter and the	58705
rules adopted under it for the disability financial assistance	58706
program, a person may be eligible for disability financial	58707
assistance only if one of the following applies:	58708

(1) The person is ineligible to participate in the Ohio works	58709
first program established under Chapter 5107. of the Revised Code	58710
and to receive supplemental security income provided pursuant to	58711
Title XVI of the Social Security Act, 86 Stat. 1475 (1972), 42	58712
U.S.C.A. 1383, as amended;	58713

(2) The person is at least one of the following:

58714

(a) Under age eighteen;

58715

(b) Age sixty or older;

58716

(c) Pregnant;

58717

(d) Unableunable to do any substantial or gainful activity	58718
by reason of a medically determinable physical or mental	58719
impairment that can be expected to result in death or has lasted	58720
or can be expected to last for not less than nine months;	58721

(e) A resident of a residential treatment center certified as	58722
an alcohol or drug addiction program by the department of alcohol	58723
and drug addiction services under section 3793.06 of the Revised	58724
Code.	58725

(f) Medication dependent as determined by a physician, as	58726
defined in section 4730.01 of the Revised Code, who has certified	58727
to the county department of job and family services that the	58728
person is receiving ongoing treatment for a chronic medical	58729
condition requiring continuous prescription medication for an	58730
indefinite, long-term period of time and for whom the loss of the	58731
medication would result in a significant risk of medical emergency	58732
and loss of employability lasting at least nine months.	58733

(3) The(2) On the day before the effective date of this	58734
amendment, the person meets the eligibility requirements	58735
established in rules adopted under section 5115.05 of the Revised	58736
Codewas sixty years of age or older and one of the following is	58737
the case:	58738

(a) The person was receiving or was scheduled to begin	58739
receiving financial assistance under this chapter on the basis of	58740
being sixty years of age or older;	58741

(b) An eligibility determination was pending regarding the	58742
person's application to receive financial assistance under this	58743
chapter on the basis of being sixty years of age or older and, on	58744
or after the effective date of this amendment, the person receives	58745
a determination of eligibility based on that application.	58746

(B)(1) A person is ineligible for disability assistance if	58747
the person is ineligible to participate in the Ohio works first	58748
program because of any of the following:	58749

(a) Section 5101.83, 5107.14, or 5107.16 of the Revised Code;

58750

(b) The time limit established by section 5107.18 of the	58751
Revised Code;	58752

(c) Failure to comply with an application or verification	58753
procedure;	58754

(d) The fraud control program established pursuant to 45	58755
C.F.R. 235.112, as in effect July 1, 1996.	58756

(2) A person under age eighteen is ineligible for disability	58757
assistance pursuant to division (B)(1)(a) of this section only if	58758
the person caused the assistance group to be ineligible to	58759
participate in the Ohio works first program or resides with a	58760
person age eighteen or older who was a member of the same	58761
ineligible assistance group. A person age eighteen or older is	58762
ineligible for disability assistance pursuant to division	58763
(B)(1)(a) of this section regardless of whether the person caused	58764
the assistance group to be ineligible to participate in the Ohio	58765
works first program.	58766

(C) The county department of job and family services that	58767
serves the county in which a person receiving disability	58768
assistance pursuant to division (A)(2)(e) of this section	58769
participates in an alcohol or drug addiction program shall	58770
designate a representative payee for purposes of receiving and	58771
distributing financial assistance provided under the disability	58772
assistance program to the person.	58773

(D) A person eligible for disability assistance pursuant to	58774
division (A)(2)(f) of this section shall not receive financial	58775
assistance.	58776

(E) The director of job and family services shall adopt rules	58777
in accordance with section 111.15 of the Revised Code defining	58778
terms and establishing standards for determining whether a person	58779
meets a condition of disability assistance eligibility pursuant to	58780
this section.	58781

Sec. 5115.04.        Sec. 5115.02. (A) An individual is not eligible for	58782
disability financial assistance under this chapter if eitherany	58783
of the following apply:	58784

(A)(1) The individual is eligible to participate in the Ohio	58785
works first program established under Chapter 5107. of the Revised	58786
Code; eligible to receive supplemental security income provided	58787
pursuant to Title XVI of the "Social Security Act," 86 Stat. 1475	58788
(1972), 42 U.S.C. 1383, as amended; or eligible to participate in	58789
or receive assistance through another state or federal program	58790
that provides financial assistance similar to disability financial	58791
assistance, as determined by the director of job and family	58792
services;	58793

(2) The individual is ineligible to participate in the Ohio	58794
works first program because of any of the following:	58795

(a) The time limit established by section 5107.18 of the	58796
Revised Code;	58797

(b) Failure to comply with an application or verification	58798
procedure;	58799

(c) The fraud control provisions of section 5101.83 of the	58800
Revised Code or the fraud control program established pursuant to	58801
45 C.F.R. 235.112, as in effect July 1, 1996;	58802

(d) The self-sufficiency contract provisions of sections	58803
5107.14 and 5107.16 of the Revised Code;	58804

(e) The minor parent provisions of section 5107.24 of the	58805
Revised Code;	58806

(f) The provisions of section 5107.26 of the Revised Code	58807
regarding termination of employment without just cause.	58808

(5) The individual, or any of the other individuals included	58809
in determining the individual's eligibility, is involved in a	58810
strike, as defined in section 5107.10 of the Revised Code;	58811

(6) For the purpose of avoiding consideration of property in	58812
determinations of the individual's eligibility for disability	58813
financial assistance or a greater amount of assistance, the	58814
individual has transferred property during the two years preceding	58815
application for or most recent redetermination of eligibility for	58816
disability assistance;	58817

(7) The individual is a child and does not live with the	58818
child's parents, guardians, or other persons standing in place of	58819
parents, unless the child is emancipated by being married, by	58820
serving in the armed forces, or by court order;	58821

(8) The individual reside in a county home, city infirmary,	58822
jail, or public institution;	58823

(9) The individual is a fugitive felon as defined in section	58824
5101.26 of the Revised Code;	58825

(B)(10) The individual is violating a condition of probation,	58826
a community control sanction, parole, or a post-release control	58827
sanction imposed under federal or state law.	58828

(B)(1) As used in division (B)(2) of this section,	58829
"assistance group" has the same meaning as in section 5107.02 of	58830
the Revised Code.	58831

(2) Ineligibility under division (A)(2)(c) or (d) of this	58832
section applies as follows:	58833

(a) In the case of an individual who is under eighteen years	58834
of age, the individual is ineligible only if the individual caused	58835
the assistance group to be ineligible to participate in the Ohio	58836
works first program or resides with an individual eighteen years	58837
of age or older who was a member of the same ineligible assistance	58838
group.	58839

(b) In the case of an individual who is eighteen years of age	58840
or older, the individual is ineligible regardless of whether the	58841
individual caused the assistance group to be ineligible to	58842
participate in the Ohio works first program.	58843

Sec. 5115.03. (A) The director of job and family services	58844
shall do both of the following:	58845

(A) Adoptadopt rules in accordance with section 111.15 of	58846
the Revised Code governing the administration of disability	58847
assistance, including the administration of financial assistance	58848
and disability assistance medical assistanceprogram. The rules	58849
shall be binding on county departments of job and family services.	58850

(B) Make investigations to determine whether disability	58851
assistance is being administered in compliance with the Revised	58852
Code and rules adopted by the director.may establish or specify	58853
any or all of the following:	58854

(1) Maximum payment amounts under the disability financial	58855
assistance program, based on state appropriations for the program;	58856

(2) Limits on the length of time an individual may receive	58857
disability financial assistance;	58858

(3) Limits on the total number of individuals in the state	58859
who may receive disability financial assistance;	58860

(4) Income, resource, citizenship, age, residence, living	58861
arrangement, and other eligibility requirements for disability	58862
financial assistance;	58863

(5) Procedures for disregarding amounts of earned and	58864
unearned income for the purpose of determining eligibility for	58865
disability financial assistance and the amount of assistance to be	58866
provided;	58867

(6) Procedures for including the income and resources, or a	58868
certain amount of the income and resources, of a member of an	58869
individual's family when determining eligibility for disability	58870
financial assistance and the amount of assistance to be provided.	58871

(B) In establishing or specifying eligibility requirements	58872
for disability financial assistance, the director shall exclude	58873
the value of any tuition payment contract entered into under	58874
section 3334.09 of the Revised Code or any scholarship awarded	58875
under section 3334.18 of the Revised Code and the amount of	58876
payments made by the Ohio tuition trust authority under section	58877
3334.09 of the Revised Code pursuant to the contract or	58878
scholarship. The director shall not require any individual to	58879
terminate a tuition payment contract entered into under Chapter	58880
3334. of the Revised Code as a condition of eligibility for	58881
disability financial assistance. The director shall consider as	58882
income any refund paid under section 3334.10 of the Revised Code.	58883

(C) Notwithstanding section 3109.01 of the Revised Code, when	58884
a disability financial assistance applicant or recipient who is at	58885
least eighteen but under twenty-two years of age resides with the	58886
applicant's or recipient's parents, the income of the parents	58887
shall be taken into account in determining the applicant's or	58888
recipient's financial eligibility. In the rules adopted under this	58889
section, the director shall specify procedures for determining the	58890
amount of income to be attributed to applicants and recipients in	58891
this age category.	58892

(D) For purposes of limiting the cost of the disability	58893
financial assistance program, the director may do either or both	58894
of the following:	58895

(1) Adopt rules in accordance with section 111.15 of the	58896
Revised Code that revise the program's eligibility requirements,	58897
the maximum payment amounts, or any other requirement or standard	58898
established or specified in the rules adopted by the director;	58899

(2) Suspend acceptance of applications for disability	58900
financial assistance. While a suspension is in effect, no person	58901
shall receive a determination or redetermination of eligibility	58902
for disability financial assistance unless the person was	58903
receiving the assistance during the month immediately preceding	58904
the suspension's effective date or the person submitted an	58905
application prior to the suspension's effective date and receives	58906
a determination of eligibility based on that application. The	58907
director may adopt rules in accordance with section 111.15 of the	58908
Revised Code establishing requirements and specifying procedures	58909
applicable to the suspension of acceptance of new applications.	58910

Sec. 5115.02.        Sec. 5115.04.  (A) The department of job and family	58911
services shall supervise and administer the disability financial	58912
assistance program, except that the department may require county	58913
departments of job and family services to perform any	58914
administrative function specified in rules adopted by the director	58915
of job and family services, including making determinations of	58916
financial eligibility and initial determinations of whether an	58917
applicant meets a condition of eligibility under division	58918
(A)(2)(d) of section 5115.01 of the Revised Code, distributing	58919
financial assistance payments, reimbursing providers of medical	58920
services for services provided to disability assistance	58921
recipients, and any other function specified in the rules. The	58922
department may also require county departments to make a final	58923
determination of whether an applicant meets a condition for	58924
eligibility under division (A)(2)(a), (b), (c), (e), or (f) of	58925
section 5115.01 of the Revised Code. The department shall make the	58926
final determination of whether an applicant meets a condition of	58927
eligibility under division (A)(2)(d) of section 5115.01 of the	58928
Revised Code.	58929

(B) If the department requires county departments to perform	58930
administrative functions under this section, the director shall	58931
adopt rules in accordance with section 111.15 of the Revised Code	58932
governing the performance of the functions to be performed by	58933
county departments. County departments shall perform the functions	58934
in accordance with the rules. The director shall conduct	58935
investigations to determine whether disability financial	58936
assistance is being administered in compliance with the Revised	58937
Code and rules adopted by the director.	58938

(C) If disability financial assistance payments or medical	58939
services reimbursements are made by the county department of job	58940
and family services, the department shall advance sufficient funds	58941
to provide the county treasurer with the amount estimated for the	58942
payments or reimbursements. Financial assistance payments shall be	58943
distributed in accordance with sections 117.45, 319.16, and 329.03	58944
of the Revised Code.	58945

Sec. 5115.05. (A) The director of job and family services	58946
shall adopt rules in accordance with section 111.15 of the Revised	58947
Code establishing application and verification procedures,	58948
reapplication procedures, and income, resource, citizenship, age,	58949
residence, living arrangement, assistance group composition, and	58950
other eligibility requirements the director considers necessary in	58951
the administration of the application process for disability	58952
financial assistance. The rules may provide for disregarding	58953
amounts of earned and unearned income for the purpose of	58954
determining whether an assistance group is eligible for assistance	58955
and the amount of assistance provided under this chapter. The	58956
rules also may provide that the income and resources, or a certain	58957
amount of the income and resources, of a member of an assistance	58958
group's family group will be included in determining whether the	58959
assistance group is eligible for aid and the amount of aid	58960
provided under this chapter.	58961

If financial assistance under this chapter is to be paid by	58962
the auditor of state through the medium of direct deposit, the	58963
application shall be accompanied by information the auditor needs	58964
to make direct deposits.	58965

The department of job and family services may require	58966
recipients of disability financial assistance to participate in a	58967
reapplication process two months after initial approval for	58968
assistance has been determined and at such other times as	58969
specified in the department requiresrules.	58970

If a recipient of disability assistance, or the spouse of or	58971
member of the assistance group of a recipient, becomes possessed	58972
of resources or income in excess of the amount allowed under rules	58973
adopted under this section, or if other changes occur that affect	58974
the person's eligibility or need for assistance, the recipient	58975
shall notify the department or county department of job and family	58976
services within the time limits specified in the rules. Failure of	58977
a recipient to report possession of excess resources or income or	58978
a change affecting eligibility or need within those time limits	58979
shall be considered prima-facie evidence of intent to defraud	58980
under section 5115.15 of the Revised Code.	58981

Each applicant for or recipient of disability assistance	58982
shall make reasonable efforts to secure support from persons	58983
responsible for the applicant's or recipient's support, and from	58984
other sources, as a means of preventing or reducing the provision	58985
of disability assistance at public expense. The department or	58986
county department may provide assistance to the applicant or	58987
recipient in securing other forms of financial or medical	58988
assistance.	58989

Notwithstanding section 3109.01 of the Revised Code, when a	58990
disability assistance applicant or recipient who is at least	58991
eighteen but under twenty-two years of age resides with the	58992
applicant's or recipient's parents, the income of the parents	58993
shall be taken into account in determining the applicant's or	58994
recipient's financial eligibility. The director shall adopt rules	58995
for determining the amount of income to be attributed to the	58996
assistance group of applicants in this age category.	58997

(B) Any person who applies for disability financial	58998
assistance under this section shall receive a voter registration	58999
application under section 3503.10 of the Revised Code.	59000

Sec. 5115.07.        Sec. 5115.06. Financial assistanceAssistance under	59001
the disability financial assistance program may be given by	59002
warrant, direct deposit, or, if provided by the director of job	59003
and family services pursuant to section 5101.33 of the Revised	59004
Code, by electronic benefit transfer. It shall be inalienable	59005
whether by way of assignment, charge, or otherwise, and is exempt	59006
from attachment, garnishment, or other like process. Any	59007

Any direct deposit shall be made to a financial institution	59008
and account designated by the recipient. TheIf disability	59009
financial assistance is to be paid by the auditor of state through	59010
direct deposit, the application for assistance shall be	59011
accompanied by information the auditor needs to make direct	59012
deposits.	59013

The director of job and family services may adopt rules for	59014
designation of financial institutions and accounts. No	59015

No financial institution shall impose any charge for direct	59016
deposit of disability assistance financial assistance payments	59017
that it does not charge all customers for similar services.	59018

The department of job and family services shall establish	59019
financial assistance payment amounts based on state	59020
appropriations.	59021

Disability assistance may be given to persons living in their	59022
own homes or other suitable quarters, but shall not be given to	59023
persons who reside in a county home, city infirmary, jail, or	59024
public institution. Disability assistance shall not be given to an	59025
unemancipated child unless the child lives with the child's	59026
parents, guardians, or other persons standing in place of parents.	59027
For the purpose of this section, a child is emancipated if the	59028
child is married, serving in the armed forces, or has been	59029
emancipated by court order.	59030

No person shall be eligible for disability assistance if, for	59031
the purpose of avoiding consideration of property in	59032
determinations of the person's eligibility for disability	59033
assistance or a greater amount of assistance, the person has	59034
transferred property during the two years preceding application	59035
for or most recent redetermination of eligibility for disability	59036
assistance.	59037

Sec. 5115.13.        Sec. 5115.07.  The acceptance of disabilityfinancial	59038
assistance under this chapterthe disability financial assistance	59039
program constitutes an assignment to the department of job and	59040
family services of any rights an individual receiving disability	59041
the assistance has to financial support from any other person,	59042
excluding medical support assigned pursuant to section 5101.59 of	59043
the Revised Code. The rights to support assigned to the department	59044
pursuant to this section constitute an obligation of the person	59045
responsible for providing the support to the state for the amount	59046
of disability financial assistance payments to the recipient or	59047
recipients whose needs are included in determining the amount of	59048
disability assistance received. Support payments assigned to the	59049
state pursuant to this section shall be collected by the county	59050
department of job and family services and reimbursements for	59051
disability financial assistance payments shall be credited to the	59052
state treasury.	59053

Sec. 5115.10.  (A) The director of job and family services	59054
shall establish a disability assistance medical assistance program	59055
shall consist of a system of managed primary care. Until July 1,	59056
1992, the program shall also include limited hospital services,	59057
except that if prior to that date hospitals are required by	59058
section 5112.17 of the Revised Code to provide medical services	59059
without charge to persons specified in that section, the program	59060
shall cease to include hospital services at the time the	59061
requirement of section 5112.17 of the Revised Code takes effect.	59062

The department of job and family services may require	59063
disability assistance medical assistance recipients to enroll in	59064
health insuring corporations or other managed care programs, or	59065
may limit the number or type of health care providers from which a	59066
recipient may receive services.	59067

The director of job and family services shall adopt rules	59068
governing the disability assistance medical assistance program	59069
established under this division. The rules shall specify all of	59070
the following:	59071

(1) Services that will be provided under the system of	59072
managed primary care;	59073

(2) Hospital services that will be provided during the period	59074
that hospital services are provided under the program;	59075

(3) The maximum authorized amount, scope, duration, or limit	59076
of payment for services.	59077

(B) The director of job and family services shall designate	59078
medical services providers for the disability assistance medical	59079
assistance program. The first such designation shall be made not	59080
later than September 30, 1991. Services under the program shall be	59081
provided only by providers designated by the director. The	59082
director may require that, as a condition of being designated a	59083
disability assistance medical assistance provider, a provider	59084
enter into a provider agreement with the state department.	59085

(C) As long as the disability assistance medical assistance	59086
program continues to include hospital services, the department or	59087
a county director of job and family services may, pursuant to	59088
rules adopted under this section, approve an application for	59089
disability assistance medical assistance for emergency inpatient	59090
hospital services when care has been given to a person who had not	59091
completed a sworn application for disability assistance at the	59092
time the care was rendered, if all of the following apply:	59093

(1) The person files an application for disability assistance	59094
within sixty days after being discharged from the hospital or, if	59095
the conditions of division (D) of this section are met, while in	59096
the hospital;	59097

(2) The person met all eligibility requirements for	59098
disability assistance at the time the care was rendered;	59099

(3) The care given to the person was a medical service within	59100
the scope of disability assistance medical assistance as	59101
established under rules adopted by the director of job and family	59102
services.	59103

(D) If a person files an application for disability	59104
assistance medical assistance for emergency inpatient hospital	59105
services while in the hospital, a face-to-face interview shall be	59106
conducted with the applicant while the applicant is in the	59107
hospital to determine whether the applicant is eligible for the	59108
assistance. If the hospital agrees to reimburse the county	59109
department of job and family services for all actual costs	59110
incurred by the department in conducting the interview, the	59111
interview shall be conducted by an employee of the county	59112
department. If, at the request of the hospital, the county	59113
department designates an employee of the hospital to conduct the	59114
interview, the interview shall be conducted by the hospital	59115
employee.	59116

(E) The department of job and family services may assume	59117
responsibility for peer review of expenditures for disability	59118
assistance medical assistance(B) Subject to all other eligibility	59119
requirements established by this chapter and the rules adopted	59120
under it for the disability medical assistance program, a person	59121
may be eligible for disability medical assistance only if the	59122
person is medication dependent, as determined by the department of	59123
job and family services.	59124

(C) The director shall adopt rules under section 111.15 of	59125
the Revised Code for purposes of implementing division (B) of this	59126
section. The rules may specify or establish any or all of the	59127
following:	59128

(1) Standards for determining whether a person is medication	59129
dependent, including standards under which a person may qualify as	59130
being medication dependent only if it is determined that both of	59131
the following are the case:	59132

(a) The person is receiving ongoing treatment for a chronic	59133
medical condition that requires continuous prescription medication	59134
for an indefinite, long-term period of time;	59135

(b) Loss of the medication would result in a significant risk	59136
of medical emergency and loss of employability lasting at least	59137
nine months.	59138

(2) A requirement that a person's medical condition be	59139
certified by an individual authorized under Chapter 4731. of the	59140
Revised Code to practice medicine and surgery or osteopathic	59141
medicine and surgery;	59142

(3) Limitations on the chronic medical conditions and	59143
prescription medications that may qualify a person as being	59144
medication dependent.	59145

Sec. 5115.11. If a member of an assistance group receiving	59146
disability assistance under this chapterAn individual who	59147
qualifies for the medical assistance program established under	59148
Chapter 5111. of the Revised Code, the member shall receive	59149
medical assistance through that program rather than through the	59150
disability assistance medical assistance program.	59151

An individual is ineligible for disability medical assistance	59152
if, for the purpose of avoiding consideration of property in	59153
determinations of the individual's eligibility for disability	59154
medical assistance or a greater amount of assistance, the person	59155
has transferred property during the two years preceding	59156
application for or most recent redetermination of eligibility for	59157
disability medical assistance.	59158

Sec. 5115.12. (A) The director of job and family services	59159
shall adopt rules in accordance with section 111.15 of the Revised	59160
Code governing the disability medical assistance program. The	59161
rules may establish or specify any or all of the following:	59162

(1) Income, resource, citizenship, age, residence, living	59163
arrangement, and other eligibility requirements;	59164

(2) Health services to be included in the program;

59165

(3) The maximum authorized amount, scope, duration, or limit	59166
of payment for services;	59167

(4) Limits on the length of time an individual may receive	59168
disability medical assistance;	59169

(5) Limits on the total number of individuals in the state	59170
who may receive disability medical assistance.	59171

(B) For purposes of limiting the cost of the disability	59172
medical assistance program, the director may do either of the	59173
following:	59174

(1) Adopt rules in accordance with section 111.15 of the	59175
Revised Code that revise the program's eligibility requirements;	59176
the maximum authorized amount, scope, duration, or limit of	59177
payment for services included in the program; or any other	59178
requirement or standard established or specified by rules adopted	59179
under division (A) of this section or under section 5115.10 of the	59180
Revised Code;	59181

(2) Suspend acceptance of applications for disability medical	59182
assistance. While a suspension is in effect, no person shall	59183
receive a determination or redetermination of eligibility for	59184
disability medical assistance unless the person was receiving the	59185
assistance during the month immediately preceding the suspension's	59186
effective date or the person submitted an application prior to the	59187
suspension's effective date and receives a determination of	59188
eligibility based on that application. The director may adopt	59189
rules in accordance with section 111.15 of the Revised Code	59190
establishing requirements and specifying procedures applicable to	59191
the suspension of acceptance of new applications.	59192

Sec. 5115.13.  (A) The department of job and family services	59193
shall supervise and administer the disability medical program,	59194
except as follows:	59195

(1) The department may require county departments of job and	59196
family services to perform any administrative function specified	59197
in rules adopted by the director of job and family services.	59198

(2) The director may contract with any private or public	59199
entity in this state to perform any administrative function or to	59200
administer any or all of the program.	59201

(B) If the department requires county departments to perform	59202
administrative functions, the director of job and family services	59203
shall adopt rules in accordance with section 111.15 of the Revised	59204
Code governing the performance of the functions to be performed by	59205
county departments. County departments shall perform the functions	59206
in accordance with the rules.	59207

If the director contracts with a private or public entity to	59208
perform administrative functions or to administer any or all of	59209
the program, the director may either adopt rules in accordance	59210
with section 111.15 of the Revised Code or include provisions in	59211
the contract governing the performance of the functions by the	59212
private or public entity. Entities under contract shall perform	59213
the functions in accordance with the requirements established by	59214
the director.	59215

(C) Whenever division (A)(1) or (2) of this section is	59216
implemented, the director shall conduct investigations to	59217
determine whether disability medical assistance is being	59218
administered in compliance with the Revised Code and rules adopted	59219
by the director or in accordance with the terms of the contract.	59220

Sec. 5115.14. (A) The director of job and family services	59221
shall adopt rules in accordance with section 111.15 of the Revised	59222
Code establishing application and verification procedures,	59223
reapplication procedures, and other requirements the director	59224
considers necessary in the administration of the application	59225
process for disability medical assistance.	59226

(B) Any person who applies for disability medical assistance	59227
shall receive a voter registration application under section	59228
3503.10 of the Revised Code.	59229

Sec. 5115.20.  (A) The department of job and family services	59230
shall establish a disability advocacy program and each county	59231
department of job and family services shall establish a disability	59232
advocacy program unit or join with other county departments of job	59233
and family services to establish a joint county disability	59234
advocacy program unit. Through the program the department and	59235
county departments shall cooperate in efforts to assist applicants	59236
for and recipients of assistance under this chapterthe disability	59237
financial assistance program and the disability medical assistance	59238
program, who might be eligible for supplemental security income	59239
benefits under Title XVI of the "Social Security Act," 86 Stat.	59240
1475 (1972), 42 U.S.C.A. 1383, as amended, in applying for those	59241
benefits. The	59242

As part of their disability advocacy programs, the state	59243
department and county departments may enter into contracts for the	59244
services to applicants for and recipients of assistance under this	59245
chapter who might be eligible for supplemental security income	59246
benefits withof persons and governmentalgovernment entities that	59247
in the judgment of the department or county department have	59248
demonstrated expertise in representing persons seeking	59249
supplemental security income benefits. Each contract shall require	59250
the person or entity with which a department contracts to assess	59251
each person referred to it by the department to determine whether	59252
the person appears to be eligible for supplemental security income	59253
benefits, and, if the person appears to be eligible, assist the	59254
person in applying and represent the person in any proceeding of	59255
the social security administration, including any appeal or	59256
reconsideration of a denial of benefits. The department or county	59257
department shall provide to the person or entity with which it	59258
contracts all records in its possession relevant to the	59259
application for supplemental security income benefits. The	59260
department shall require a county department with relevant records	59261
to submit them to the person or entity.	59262

(B) Each applicant for or recipient of disability financial	59263
assistance or disability medical assistance under this chapter	59264
who, in the judgment of the department or a county department	59265
might be eligible for supplemental security benefits, mustshall,	59266
as a condition of eligibility for assistance, apply for such	59267
benefits if directed to do so by the department or county	59268
department.	59269

(C) EachWith regard to applicants for and recipients of	59270
disability financial assistance or disability medical assistance,	59271
each county department of job and family services shall do all of	59272
the following:	59273

(1) Identify applicants for and recipients of assistance	59274
under this chapter who might be eligible for supplemental security	59275
income benefits;	59276

(2) Assist applicants for and recipients of assistance under	59277
this chapter in securing documentation of disabling conditions or	59278
refer them for such assistance to a person or government agency	59279
entity with which the department or county department has	59280
contracted under division (A) of this section;	59281

(3) Inform applicants for and recipients of assistance under	59282
this chapter of available sources of representation, which may	59283
include a person or government entity with which the department or	59284
county department has contracted under division (A) of this	59285
section, and of their right to represent themselves in	59286
reconsiderations and appeals of social security administration	59287
decisions that deny them supplemental security income benefits.	59288
The county department may require the applicants and recipients,	59289
as a condition of eligibility for assistance, to pursue	59290
reconsiderations and appeals of social security administration	59291
decisions that deny them supplemental security income benefits,	59292
and shall assist applicants and recipients as necessary to obtain	59293
such benefits or refer them to a person or government agency	59294
entity with which the department or county department has	59295
contracted under division (A) of this section.	59296

(4) Require applicants for and recipients of assistance under	59297
this chapter who, in the judgment of the county department, are or	59298
may be aged, blind, or disabled, to apply for medical assistance	59299
under Chapter 5111. of the Revised Code, make determinations when	59300
appropriate as to eligibility for medical assistance, and refer	59301
their applications when necessary to the disability determination	59302
unit established in accordance with division (F) of this section	59303
for expedited review;	59304

(5) Require each applicant for and each recipient of	59305
assistance under this chapter who in the judgment of the	59306
department or the county department might be eligible for	59307
supplemental security income benefits, as a condition of	59308
eligibility for disability financial assistance or disability	59309
medical assistance under this chapter, to execute a written	59310
authorization for the secretary of health and human services to	59311
withhold benefits due that individual and pay to the director of	59312
job and family services or the director's designee an amount	59313
sufficient to reimburse the state and county shares of interim	59314
assistance furnished to the individual. For the purposes of	59315
division (C)(5) of this section, "benefits" and "interim	59316
assistance" have the meanings given in Title XVI of the "Social	59317
Security Act."	59318

(D) The director of job and family services shall adopt rules	59319
in accordance with Chapter 119.section 111.15 of the Revised Code	59320
for the effective administration of the disability advocacy	59321
program. The rules shall include all of the following:	59322

(1) Methods to be used in collecting information from and	59323
disseminating it to county departments, including the following:	59324

(a) The number of individuals in the county who are disabled	59325
recipients of disability financial assistance or disability	59326
medical assistance under this chapter in the county;	59327

(b) The final decision made either by the social security	59328
administration or by a court for each application or	59329
reconsideration in which an individual was assisted pursuant to	59330
this section.	59331

(2) The type and process of training to be provided by the	59332
department of job and family services to the employees of the	59333
county department of job and family services who perform duties	59334
under this section;	59335

(3) Requirements for the written authorization required by	59336
division (C)(5) of this section.	59337

(E) The department shall provide basic and continuing	59338
training to employees of the county department of job and family	59339
services who perform duties under this section. Training shall	59340
include but not be limited to all processes necessary to obtain	59341
federal disability benefits, and methods of advocacy.	59342

(F) The department shall establish a disability determination	59343
unit and develop guidelines for expediting reviews of applications	59344
for medical assistance under Chapter 5111. of the Revised Code for	59345
persons who have been referred to the unit under division (C)(4)	59346
of this section. The department shall make determinations of	59347
eligibility for medical assistance for any such person within the	59348
time prescribed by federal regulations.	59349

(G) The department may, under rules the director of job and	59350
family services adopts in accordance with section 111.15 of the	59351
Revised Code, pay a portion of the federal reimbursement described	59352
in division (C)(5) of this section to persons or agencies	59353
government entities that assist or represent assistance recipients	59354
in reconsiderations and appeals of social security administration	59355
decisions denying them supplemental security income benefits.	59356

(H) The director shall conduct investigations to determine	59357
whether disability advocacy programs are being administered in	59358
compliance with the Revised Code and the rules adopted by the	59359
director pursuant to this section.	59360

Sec. 5115.22. (A) If a recipient of disability financial	59361
assistance or disability medical assistance, or an individual	59362
whose income and resources are included in determining the	59363
recipient's eligibility for the assistance, becomes possessed of	59364
resources or income in excess of the amount allowed to retain	59365
eligibility, or if other changes occur that affect the recipient's	59366
eligibility or need for assistance, the recipient shall notify the	59367
state or county department of job and family services within the	59368
time limits specified in rules adopted by the director of job and	59369
family services in accordance with section 111.15 of the Revised	59370
Code. Failure of a recipient to report possession of excess	59371
resources or income or a change affecting eligibility or need	59372
within those time limits shall be considered prima-facie evidence	59373
of intent to defraud under section 5115.23 of the Revised Code.	59374

(B) As a condition of eligibility for disability financial	59375
assistance or disability medical assistance, and as a means of	59376
preventing or reducing the provision of assistance at public	59377
expense, each applicant for or recipient of the assistance shall	59378
make reasonable efforts to secure support from persons responsible	59379
for the applicant's or recipient's support, and from other	59380
sources, including any federal program designed to provide	59381
assistance to individuals with disabilities. The state or county	59382
department of job and family services may provide assistance to	59383
the applicant or recipient in securing other forms of financial	59384
assistance.	59385

Sec. 5115.15.        Sec. 5115.23.  As used in this section, "erroneous	59386
payments" means disability financial assistance payments,	59387
includingor disability assistance medical assistance payments,	59388
made to persons who are not entitled to receive them, including	59389
payments made as a result of misrepresentation or fraud, and	59390
payments made due to an error by the recipient or by the county	59391
department of job and family services that made the payment.	59392

The department of job and family services shall adopt rules	59393
in accordance with section 111.15 of the Revised Code specifying	59394
the circumstances under which action is to be taken under this	59395
section to recover erroneous payments. The department, or a county	59396
department of job and family services at the request of the	59397
department, shall take action to recover erroneous payments in the	59398
circumstances specified in the rules. The department or county	59399
department may institute a civil action to recover erroneous	59400
payments.	59401

Whenever disability financial assistance or disability	59402
medical assistance has been furnished to a recipient for whose	59403
support another person is responsible, the other person shall, in	59404
addition to the liability otherwise imposed, as a consequence of	59405
failure to support the recipient, be liable for all disability	59406
assistance furnished the recipient. The value of the assistance so	59407
furnished may be recovered in a civil action brought by the county	59408
department of job and family services.	59409

Each county department of job and family services shall	59410
retain fifty per cent of the erroneous payments it recovers under	59411
this section. The department of job and family services shall	59412
receive the remaining fifty per cent.	59413

Sec. 5119.61.  Any provision in this chapter that refers to a	59414
board of alcohol, drug addiction, and mental health services also	59415
refers to the community mental health board in an alcohol, drug	59416
addiction, and mental health service district that has a community	59417
mental health board.	59418

The director of mental health with respect to all facilities	59419
and programs established and operated under Chapter 340. of the	59420
Revised Code for mentally ill and emotionally disturbed persons,	59421
shall do all of the following:	59422

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	59423
that may be necessary to carry out the purposes of Chapter 340.	59424
and sections 5119.61 to 5119.63 of the Revised Code.	59425

(1) The rules shall include all of the following:

59426

(a) Rules governing a community mental health agency's	59427
services under section 340.091 of the Revised Code to an	59428
individual referred to the agency under division (C)(2) of section	59429
173.35 of the Revised Code;	59430

(b) For the purpose of division (A)(16) of section 340.03 of	59431
the Revised Code, rules governing the duties of mental health	59432
agencies and boards of alcohol, drug addiction, and mental health	59433
services under section 3722.18 of the Revised Code regarding	59434
referrals of individuals with mental illness or severe mental	59435
disability to adult care facilities and effective arrangements for	59436
ongoing mental health services for the individuals. The rules	59437
shall do at least the following:	59438

(i) Provide for agencies and boards to participate fully in	59439
the procedures owners and managers of adult care facilities must	59440
follow under division (A)(2) of section 3722.18 of the Revised	59441
Code;	59442

(ii) Specify the manner in which boards are accountable for	59443
ensuring that ongoing mental health services are effectively	59444
arranged for individuals with mental illness or severe mental	59445
disability who are referred by the board or mental health agency	59446
under contract with the board to an adult care facility.	59447

(c) Rules governing a board of alcohol, drug addiction, and	59448
mental health services when making a report to the director of	59449
health under section 3722.17 of the Revised Code regarding the	59450
quality of care and services provided by an adult care facility to	59451
a person with mental illness or a severe mental disability.	59452

(2) Rules may be adopted to govern the method of paying a	59453
community mental health facility described, as defined in division	59454
(B) of section 5111.022 of the Revised Code, for providing	59455
services established bylisted in division (A)(B) of that section.	59456
Such rules must be consistent with the contract entered into	59457
between the departments of job and family services and mental	59458
health under division (E) of that section 5111.91 of the Revised	59459
Code and include requirements ensuring appropriate service	59460
utilization.	59461

(B) Review and evaluate, and, taking into account the	59462
findings and recommendations of the board of alcohol, drug	59463
addiction, and mental health services of the district served by	59464
the program and the requirements and priorities of the state	59465
mental health plan, including the needs of residents of the	59466
district now residing in state mental institutions, approve and	59467
allocate funds to support community programs, and make	59468
recommendations for needed improvements to boards of alcohol, drug	59469
addiction, and mental health services;	59470

(C) Withhold state and federal funds for any program, in	59471
whole or in part, from a board of alcohol, drug addiction, and	59472
mental health services in the event of failure of that program to	59473
comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,	59474
or 5119.62 of the Revised Code or rules of the department of	59475
mental health. The director shall identify the areas of	59476
noncompliance and the action necessary to achieve compliance. The	59477
director shall offer technical assistance to the board to achieve	59478
compliance. The director shall give the board a reasonable time	59479
within which to comply or to present its position that it is in	59480
compliance. Before withholding funds, a hearing shall be conducted	59481
to determine if there are continuing violations and that either	59482
assistance is rejected or the board is unable to achieve	59483
compliance. Subsequent to the hearing process, if it is determined	59484
that compliance has not been achieved, the director may allocate	59485
all or part of the withheld funds to a public or private agency to	59486
provide the services not in compliance until the time that there	59487
is compliance. The director shall establish rules pursuant to	59488
Chapter 119. of the Revised Code to implement this division.	59489

(D) Withhold state or federal funds from a board of alcohol,	59490
drug addiction, and mental health services that denies available	59491
service on the basis of religion, race, color, creed, sex,	59492
national origin, age, disability as defined in section 4112.01 of	59493
the Revised Code, developmental disability, or the inability to	59494
pay;	59495

(E) Provide consultative services to community mental health	59496
agencies with the knowledge and cooperation of the board of	59497
alcohol, drug addiction, and mental health services;	59498

(F) Provide to boards of alcohol, drug addiction, and mental	59499
health services state or federal funds, in addition to those	59500
allocated under section 5119.62 of the Revised Code, for special	59501
programs or projects the director considers necessary but for	59502
which local funds are not available;	59503

(G) Establish criteria by which a board of alcohol, drug	59504
addiction, and mental health services reviews and evaluates the	59505
quality, effectiveness, and efficiency of services provided	59506
through its community mental health plan. The criteria shall	59507
include requirements ensuring appropriate service utilization. The	59508
department shall assess a board's evaluation of services and the	59509
compliance of each board with this section, Chapter 340. or	59510
section 5119.62 of the Revised Code, and other state or federal	59511
law and regulations. The department, in cooperation with the	59512
board, periodically shall review and evaluate the quality,	59513
effectiveness, and efficiency of services provided through each	59514
board. The department shall collect information that is necessary	59515
to perform these functions.	59516

(H) Develop and operate a community mental health information	59517
system.	59518

Boards of alcohol, drug abuse, and mental health services	59519
shall submit information requested by the department in the form	59520
and manner prescribed by the department. Information collected by	59521
the department shall include, but not be limited to, all of the	59522
following:	59523

(1) Information regarding units of services provided in whole	59524
or in part under contract with a board, including diagnosis and	59525
special needs, demographic information, the number of units of	59526
service provided, past treatment, financial status, and service	59527
dates in accordance with rules adopted by the department in	59528
accordance with Chapter 119. of the Revised Code;	59529

(2) Financial information other than price or price-related	59530
data regarding expenditures of boards and community mental health	59531
agencies, including units of service provided, budgeted and actual	59532
expenses by type, and sources of funds.	59533

Boards shall submit the information specified in division	59534
(H)(1) of this section no less frequently than annually for each	59535
client, and each time the client's case is opened or closed. The	59536
department shall not collect any information for the purpose of	59537
identifying by name any person who receives a service through a	59538
board of alcohol, drug addiction, and mental health services,	59539
except as required by state or federal law to validate appropriate	59540
reimbursement. For the purposes of division (H)(1) of this	59541
section, the department shall use an identification system that is	59542
consistent with applicable nationally recognized standards.	59543

(I) Review each board's community mental health plan	59544
submitted pursuant to section 340.03 of the Revised Code and	59545
approve or disapprove it in whole or in part. Periodically, in	59546
consultation with representatives of boards and after considering	59547
the recommendations of the medical director, the director shall	59548
issue criteria for determining when a plan is complete, criteria	59549
for plan approval or disapproval, and provisions for conditional	59550
approval. The factors that the director considers may include, but	59551
are not limited to, the following:	59552

(1) The mental health needs of all persons residing within	59553
the board's service district, especially severely mentally	59554
disabled children, adolescents, and adults;	59555

(2) The demonstrated quality, effectiveness, efficiency, and	59556
cultural relevance of the services provided in each service	59557
district, the extent to which any services are duplicative of	59558
other available services, and whether the services meet the needs	59559
identified above;	59560

(3) The adequacy of the board's accounting for the	59561
expenditure of funds.	59562

If the director disapproves all or part of any plan, the	59563
director shall provide the board an opportunity to present its	59564
position. The director shall inform the board of the reasons for	59565
the disapproval and of the criteria that must be met before the	59566
plan may be approved. The director shall give the board a	59567
reasonable time within which to meet the criteria, and shall offer	59568
technical assistance to the board to help it meet the criteria.	59569

If the approval of a plan remains in dispute thirty days	59570
prior to the conclusion of the fiscal year in which the board's	59571
current plan is scheduled to expire, the board or the director may	59572
request that the dispute be submitted to a mutually agreed upon	59573
third-party mediator with the cost to be shared by the board and	59574
the department. The mediator shall issue to the board and the	59575
department recommendations for resolution of the dispute. Prior to	59576
the conclusion of the fiscal year in which the current plan is	59577
scheduled to expire, the director, taking into consideration the	59578
recommendations of the mediator, shall make a final determination	59579
and approve or disapprove the plan, in whole or in part.	59580

Sec. 5119.611. (A) A board of alcohol, drug addiction, and	59581
mental health services may not contract with a community mental	59582
health agency under division (A)(8)(a) of section 340.03 of the	59583
Revised Code to provide community mental health services included	59584
in the board's community mental health plan unless the services	59585
are certified by the director of mental health under this section.	59586

A community mental health agency that seeks the director's	59587
certification of its community mental health services shall submit	59588
an application to the director. On receipt of the application, the	59589
director may visit and shall evaluate the agency to determine	59590
whether its services satisfy the standards established by rules	59591
adopted under division (C) of this section. The director shall	59592
make the evaluation, and, if the director visits the agency, shall	59593
make the visit, in cooperation with the board of alcohol, drug	59594
addiction, and mental health services with which the agency seeks	59595
to contract.	59596

If the director determines that a community mental health	59597
agency's services satisfy the standards, the director shall	59598
certify the services.	59599

If the director determines that a community mental health	59600
agency's services do not satisfy the standards, the director shall	59601
identify the areas of noncompliance, specify what action is	59602
necessary to satisfy the standards, and offer technical assistance	59603
to the board of alcohol, drug addiction, and mental health	59604
services so that the board may assist the agency in satisfying the	59605
standards. The director shall give the agency a reasonable time	59606
within which to demonstrate that its services satisfy the	59607
standards or to bring the services into compliance with the	59608
standards. If the director concludes that the services continue to	59609
fail to satisfy the standards, the director may request that the	59610
board reallocate the funds for the community mental health	59611
services the agency was to provide to another community mental	59612
health agency whose community mental health services satisfy the	59613
standards. If the board does not reallocate those funds in a	59614
reasonable period of time, the director may withhold state and	59615
federal funds for the community mental health services and	59616
allocate those funds directly to a community mental health agency	59617
whose community mental health services satisfy the standards.	59618

(B) Each community mental health agency seeking certification	59619
of its community mental health services under this section shall	59620
pay a fee for the certification review required by this section.	59621
Fees shall be paid into the sale of goods and services fund	59622
created pursuant to section 5119.161 of the Revised Code.	59623

(C) The director shall adopt rules in accordance with Chapter	59624
119. of the Revised Code to implement this section. The rules	59625
shall do all of the following:	59626

(1) Establish certification standards for community mental	59627
health services, including assertive community treatment and	59628
intensive home-based mental health services, that are consistent	59629
with nationally recognized applicable standards and facilitate	59630
participation in federal assistance programs. The rules shall	59631
include as certification standards only requirements that improve	59632
the quality of services or the health and safety of clients of	59633
community mental health services. The standards shall address at a	59634
minimum all of the following:	59635

(a) Reporting major unusual incidents to the director;

59636

(b) Procedures for applicants for and clients of community	59637
mental health services to file grievances and complaints;	59638

(c) Seclusion;

59639

(d) Restraint;

59640

(e) Development of written policies addressing the rights of	59641
clients, including all of the following:	59642

(i) The right to a copy of the written policies addressing	59643
client rights;	59644

(ii) The right at all times to be treated with consideration	59645
and respect for the client's privacy and dignity;	59646

(iii) The right to have access to the client's own	59647
psychiatric, medical, or other treatment records unless access is	59648
specifically restricted in the client's treatment plan for clear	59649
treatment reasons;	59650

(iv) The right to have a client rights officer provided by	59651
the agency or board of alcohol, drug addiction, and mental health	59652
services advise the client of the client's rights, including the	59653
client's rights under Chapter 5122. of the Revised Code if the	59654
client is committed to the agency or board.	59655

(2) Establish standards for qualifications of mental health	59656
professionals as defined in section 340.02 of the Revised Code and	59657
personnel who provide the community mental health services;	59658

(3) Establish the process for certification of community	59659
mental health services;	59660

(4) Set the amount of certification review fees based on a	59661
portion of the cost of performing the review;	59662

(5) Specify the type of notice and hearing to be provided	59663
prior to a decision on whether to reallocate funds.	59664

(D) The rules adopted under division (C)(1) of this section	59665
to establish certification standards for assertive community	59666
treatment and intensive home-based mental health services shall be	59667
adopted not later than July 1, 2004.	59668

Sec. 5120.52.  The department of rehabilitation and	59669
correction may enter into a contract with a political subdivision	59670
inunder which a state correctional institution is located under	59671
which the institution will provide sewage treatment services for	59672
the political subdivision if the institutionthat has a water or	59673
sewage treatment facility with sufficient excess capacity to	59674
provide thewater or sewage treatment services will provide the	59675
services for the other contracting party. The	59676

Any such contract shall include all of the following that	59677
apply:	59678

(A) Limitations on the quantity of sewage that the facility	59679
will accept thatwhich are compatible with the needs of the state	59680
correctional institution;	59681

(B) Limitations on the quantity of potable water that the	59682
facility will provide which are compatible with the needs of the	59683
state correctional institution;	59684

(C) The bases for calculating reasonable rates to be charged	59685
the political subdivisioncontracting party for potable water or	59686
sewage treatment services and for adjusting the rates;	59687

(C)(D) All other provisions the department considers	59688
necessary or proper to protect the interests of the state in the	59689
facility and the purpose for which it was constructed.	59690

All amounts due the department under the contract shall be	59691
paid to the department by the political subdivisioncontracting	59692
party at the times specified in the contract. The department shall	59693
deposit all suchof those amounts in the state treasury to the	59694
credit of the correctional institution water and sewage treatment	59695
facility services fund, which is hereby created. The fund shall be	59696
used by the department to pay costs associated with operating and	59697
maintaining the water and sewage treatment facilityfacilities.	59698

Sec. 5123.01.  As used in this chapter:

59699

(A) "Chief medical officer" means the licensed physician	59700
appointed by the managing officer of an institution for the	59701
mentally retarded with the approval of the director of mental	59702
retardation and developmental disabilities to provide medical	59703
treatment for residents of the institution.	59704

(B) "Chief program director" means a person with special	59705
training and experience in the diagnosis and management of the	59706
mentally retarded, certified according to division (C) of this	59707
section in at least one of the designated fields, and appointed by	59708
the managing officer of an institution for the mentally retarded	59709
with the approval of the director to provide habilitation and care	59710
for residents of the institution.	59711

(C) "Comprehensive evaluation" means a study, including a	59712
sequence of observations and examinations, of a person leading to	59713
conclusions and recommendations formulated jointly, with	59714
dissenting opinions if any, by a group of persons with special	59715
training and experience in the diagnosis and management of persons	59716
with mental retardation or a developmental disability, which group	59717
shall include individuals who are professionally qualified in the	59718
fields of medicine, psychology, and social work, together with	59719
such other specialists as the individual case may require.	59720

(D) "Education" means the process of formal training and	59721
instruction to facilitate the intellectual and emotional	59722
development of residents.	59723

(E) "Habilitation" means the process by which the staff of	59724
the institution assists the resident in acquiring and maintaining	59725
those life skills that enable the resident to cope more	59726
effectively with the demands of the resident's own person and of	59727
the resident's environment and in raising the level of the	59728
resident's physical, mental, social, and vocational efficiency.	59729
Habilitation includes but is not limited to programs of formal,	59730
structured education and training.	59731

(F) "Habilitation center services" means services provided by	59732
a habilitation center certified by the department of mental	59733
retardation and developmental disabilities under section 5123.041	59734
of the Revised Code and covered by the medicaid program pursuant	59735
to rules adopted under section 5111.041 of the Revised Code.	59736

(G) "Health officer" means any public health physician,	59737
public health nurse, or other person authorized or designated by a	59738
city or general health district.	59739

(H) "Home and community-based services" means medicaid-funded	59740
home and community-based services provided under athe medicaid	59741
componentcomponents the department of mental retardation and	59742
developmental disabilities administers pursuant to section	59743
5111.871 of the Revised Code.	59744

(I) "Indigent person" means a person who is unable, without	59745
substantial financial hardship, to provide for the payment of an	59746
attorney and for other necessary expenses of legal representation,	59747
including expert testimony.	59748

(J) "Institution" means a public or private facility, or a	59749
part of a public or private facility, that is licensed by the	59750
appropriate state department and is equipped to provide	59751
residential habilitation, care, and treatment for the mentally	59752
retarded.	59753

(K) "Licensed physician" means a person who holds a valid	59754
certificate issued under Chapter 4731. of the Revised Code	59755
authorizing the person to practice medicine and surgery or	59756
osteopathic medicine and surgery, or a medical officer of the	59757
government of the United States while in the performance of the	59758
officer's official duties.	59759

(L) "Managing officer" means a person who is appointed by the	59760
director of mental retardation and developmental disabilities to	59761
be in executive control of an institution for the mentally	59762
retarded under the jurisdiction of the department.	59763

(M) "Medicaid" has the same meaning as in section 5111.01 of	59764
the Revised Code.	59765

(N) "Medicaid case management services" means case management	59766
services provided to an individual with mental retardation or	59767
other developmental disability that the state medicaid plan	59768
requires.	59769

(O) "Mentally retarded person" means a person having	59770
significantly subaverage general intellectual functioning existing	59771
concurrently with deficiencies in adaptive behavior, manifested	59772
during the developmental period.	59773

(P) "Mentally retarded person subject to institutionalization	59774
by court order" means a person eighteen years of age or older who	59775
is at least moderately mentally retarded and in relation to whom,	59776
because of the person's retardation, either of the following	59777
conditions exist:	59778

(1) The person represents a very substantial risk of physical	59779
impairment or injury to self as manifested by evidence that the	59780
person is unable to provide for and is not providing for the	59781
person's most basic physical needs and that provision for those	59782
needs is not available in the community;	59783

(2) The person needs and is susceptible to significant	59784
habilitation in an institution.	59785

(Q) "A person who is at least moderately mentally retarded"	59786
means a person who is found, following a comprehensive evaluation,	59787
to be impaired in adaptive behavior to a moderate degree and to be	59788
functioning at the moderate level of intellectual functioning in	59789
accordance with standard measurements as recorded in the most	59790
current revision of the manual of terminology and classification	59791
in mental retardation published by the American association on	59792
mental retardation.	59793

(R) As used in this division, "substantial functional	59794
limitation," "developmental delay," and "established risk" have	59795
the meanings established pursuant to section 5123.011 of the	59796
Revised Code.	59797

"Developmental disability" means a severe, chronic disability	59798
that is characterized by all of the following:	59799

(1) It is attributable to a mental or physical impairment or	59800
a combination of mental and physical impairments, other than a	59801
mental or physical impairment solely caused by mental illness as	59802
defined in division (A) of section 5122.01 of the Revised Code.	59803

(2) It is manifested before age twenty-two.

59804

(3) It is likely to continue indefinitely.

59805

(4) It results in one of the following:

59806

(a) In the case of a person under three years of age, at	59807
least one developmental delay or an established risk;	59808

(b) In the case of a person at least three years of age but	59809
under six years of age, at least two developmental delays or an	59810
established risk;	59811

(c) In the case of a person six years of age or older, a	59812
substantial functional limitation in at least three of the	59813
following areas of major life activity, as appropriate for the	59814
person's age: self-care, receptive and expressive language,	59815
learning, mobility, self-direction, capacity for independent	59816
living, and, if the person is at least sixteen years of age,	59817
capacity for economic self-sufficiency.	59818

(5) It causes the person to need a combination and sequence	59819
of special, interdisciplinary, or other type of care, treatment,	59820
or provision of services for an extended period of time that is	59821
individually planned and coordinated for the person.	59822

(S) "Developmentally disabled person" means a person with a	59823
developmental disability.	59824

(T) "State institution" means an institution that is	59825
tax-supported and under the jurisdiction of the department.	59826

(U) "Residence" and "legal residence" have the same meaning	59827
as "legal settlement," which is acquired by residing in Ohio for a	59828
period of one year without receiving general assistance prior to	59829
July 17, 1995, under former Chapter 5113. of the Revised Code,	59830
disabilityfinancial assistance under Chapter 5115. of the Revised	59831
Code, or assistance from a private agency that maintains records	59832
of assistance given. A person having a legal settlement in the	59833
state shall be considered as having legal settlement in the	59834
assistance area in which the person resides. No adult person	59835
coming into this state and having a spouse or minor children	59836
residing in another state shall obtain a legal settlement in this	59837
state as long as the spouse or minor children are receiving public	59838
assistance, care, or support at the expense of the other state or	59839
its subdivisions. For the purpose of determining the legal	59840
settlement of a person who is living in a public or private	59841
institution or in a home subject to licensing by the department of	59842
job and family services, the department of mental health, or the	59843
department of mental retardation and developmental disabilities,	59844
the residence of the person shall be considered as though the	59845
person were residing in the county in which the person was living	59846
prior to the person's entrance into the institution or home.	59847
Settlement once acquired shall continue until a person has been	59848
continuously absent from Ohio for a period of one year or has	59849
acquired a legal residence in another state. A woman who marries a	59850
man with legal settlement in any county immediately acquires the	59851
settlement of her husband. The legal settlement of a minor is that	59852
of the parents, surviving parent, sole parent, parent who is	59853
designated the residential parent and legal custodian by a court,	59854
other adult having permanent custody awarded by a court, or	59855
guardian of the person of the minor, provided that:	59856

(1) A minor female who marries shall be considered to have	59857
the legal settlement of her husband and, in the case of death of	59858
her husband or divorce, she shall not thereby lose her legal	59859
settlement obtained by the marriage.	59860

(2) A minor male who marries, establishes a home, and who has	59861
resided in this state for one year without receiving general	59862
assistance prior to July 17, 1995, under former Chapter 5113. of	59863
the Revised Code, disabilityfinancial assistance under Chapter	59864
5115. of the Revised Code, or assistance from a private agency	59865
that maintains records of assistance given shall be considered to	59866
have obtained a legal settlement in this state.	59867

(3) The legal settlement of a child under eighteen years of	59868
age who is in the care or custody of a public or private child	59869
caring agency shall not change if the legal settlement of the	59870
parent changes until after the child has been in the home of the	59871
parent for a period of one year.	59872

No person, adult or minor, may establish a legal settlement	59873
in this state for the purpose of gaining admission to any state	59874
institution.	59875

(V)(1) "Resident" means, subject to division (R)(2) of this	59876
section, a person who is admitted either voluntarily or	59877
involuntarily to an institution or other facility pursuant to	59878
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	59879
Code subsequent to a finding of not guilty by reason of insanity	59880
or incompetence to stand trial or under this chapter who is under	59881
observation or receiving habilitation and care in an institution.	59882

(2) "Resident" does not include a person admitted to an	59883
institution or other facility under section 2945.39, 2945.40,	59884
2945.401, or 2945.402 of the Revised Code to the extent that the	59885
reference in this chapter to resident, or the context in which the	59886
reference occurs, is in conflict with any provision of sections	59887
2945.37 to 2945.402 of the Revised Code.	59888

(W) "Respondent" means the person whose detention,	59889
commitment, or continued commitment is being sought in any	59890
proceeding under this chapter.	59891

(X) "Working day" and "court day" mean Monday, Tuesday,	59892
Wednesday, Thursday, and Friday, except when such day is a legal	59893
holiday.	59894

(Y) "Prosecutor" means the prosecuting attorney, village	59895
solicitor, city director of law, or similar chief legal officer	59896
who prosecuted a criminal case in which a person was found not	59897
guilty by reason of insanity, who would have had the authority to	59898
prosecute a criminal case against a person if the person had not	59899
been found incompetent to stand trial, or who prosecuted a case in	59900
which a person was found guilty.	59901

(Z) "Court" means the probate division of the court of common	59902
pleas.	59903

Sec. 5123.051.  (A) If the department of mental retardation	59904
and developmental disabilities determines pursuant to an audit	59905
conducted under section 5123.05 of the Revised Code or a	59906
reconciliation conducted under section 5123.18 or 5111.252	59907
5123.199 of the Revised Code that money is owed the state by a	59908
provider of a service or program, the department may enter into a	59909
payment agreement with the provider. The agreement shall include	59910
the following:	59911

(1) A schedule of installment payments whereby the money owed	59912
the state is to be paid in full within a period not to exceed one	59913
year;	59914

(2) A provision that the provider may pay the entire balance	59915
owed at any time during the term of the agreement;	59916

(3) A provision that if any installment is not paid in full	59917
within forty-five days after it is due, the entire balance owed is	59918
immediately due and payable;	59919

(4) Any other terms and conditions that are agreed to by the	59920
department and the provider.	59921

(B) The department may include a provision in a payment	59922
agreement that requires the provider to pay interest on the money	59923
owed the state. The department, in its discretion, shall determine	59924
whether to require the payment of interest and, if it so requires,	59925
the rate of interest. Neither the obligation to pay interest nor	59926
the rate of interest is subject to negotiation between the	59927
department and the provider.	59928

(C) If the provider fails to pay any installment in full	59929
within forty-five days after its due date, the department shall	59930
certify the entire balance owed to the attorney general for	59931
collection under section 131.02 of the Revised Code. The	59932
department may withhold funds from payments made to a provider	59933
under section 5123.18 or 5111.2525123.199 of the Revised Code to	59934
satisfy a judgment secured by the attorney general.	59935

(D) The purchase of service fund is hereby created. Money	59936
credited to the fund shall be used solely for purposes of section	59937
5123.05 of the Revised Code.	59938

Sec. 5123.19.  (A) As used in this section and in sections	59939
5123.191, 5123.194, 5123.196, 5123.198, 5123.1910, and 5123.20 of	59940
the Revised Code:	59941

(1)(a) "Residential facility" means a home or facility in	59942
which a mentally retarded or developmentally disabled person	59943
resides, except the home of a relative or legal guardian in which	59944
a mentally retarded or developmentally disabled person resides, a	59945
respite care home certified under section 5126.05 of the Revised	59946
Code, a county home or district home operated pursuant to Chapter	59947
5155. of the Revised Code, or a dwelling in which the only	59948
mentally retarded or developmentally disabled residents are in an	59949
independent living arrangement or are being provided supported	59950
living.	59951

(b) "Intermediate care facility for the mentally retarded"	59952
means a residential facility that is considered an intermediate	59953
care facility for the mentally retarded for the purposes of	59954
Chapter 5111. of the Revised Code.	59955

(2) "Political subdivision" means a municipal corporation,	59956
county, or township.	59957

(3) "Independent living arrangement" means an arrangement in	59958
which a mentally retarded or developmentally disabled person	59959
resides in an individualized setting chosen by the person or the	59960
person's guardian, which is not dedicated principally to the	59961
provision of residential services for mentally retarded or	59962
developmentally disabled persons, and for which no financial	59963
support is received for rendering such service from any	59964
governmental agency by a provider of residential services.	59965

(4) "Supported living" has the same meaning as in section	59966
5126.01 of the Revised Code.	59967

(5) "Licensee" means the person or government agency that has	59968
applied for a license to operate a residential facility and to	59969
which the license was issued under this section.	59970

(B) Every person or government agency desiring to operate a	59971
residential facility shall apply for licensure of the facility to	59972
the director of mental retardation and developmental disabilities	59973
unless the residential facility is subject to section 3721.02,	59974
3722.04, 5103.03, or 5119.20 of the Revised Code. Notwithstanding	59975
Chapter 3721. of the Revised Code, a nursing home that is	59976
certified as an intermediate care facility for the mentally	59977
retarded under Title XIX of the "Social Security Act," 79 Stat.	59978
286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for	59979
licensure of the portion of the home that is certified as an	59980
intermediate care facility for the mentally retarded.	59981

(C) TheSubject to section 5123.196 of the Revised Code, the	59982
director of mental retardation and developmental disabilities	59983
shall license the operation of residential facilities. An initial	59984
license shall be issued for a period that does not exceed one	59985
year, unless the director denies the license under division (D) of	59986
this section. A license shall be renewed for a period that does	59987
not exceed three years, unless the director refuses to renew the	59988
license under division (D) of this section. The director, when	59989
issuing or renewing a license, shall specify the period for which	59990
the license is being issued or renewed. A license remains valid	59991
for the length of the licensing period specified by the director,	59992
unless the license is terminated, revoked, or voluntarily	59993
surrendered.	59994

(D) If it is determined that an applicant or licensee is not	59995
in compliance with a provision of this chapter that applies to	59996
residential facilities or the rules adopted under such a	59997
provision, the director may deny issuance of a license, refuse to	59998
renew a license, terminate a license, revoke a license, issue an	59999
order for the suspension of admissions to a facility, issue an	60000
order for the placement of a monitor at a facility, issue an order	60001
for the immediate removal of residents, or take any other action	60002
the director considers necessary consistent with the director's	60003
authority under this chapter regarding residential facilities. In	60004
the director's selection and administration of the sanction to be	60005
imposed, all of the following apply:	60006

(1) The director may deny, refuse to renew, or revoke a	60007
license, if the director determines that the applicant or licensee	60008
has demonstrated a pattern of serious noncompliance or that a	60009
violation creates a substantial risk to the health and safety of	60010
residents of a residential facility.	60011

(2) The director may terminate a license if more than twelve	60012
consecutive months have elapsed since the residential facility was	60013
last occupied by a resident or a notice required by division (J)	60014
of this section is not given.	60015

(3) The director may issue an order for the suspension of	60016
admissions to a facility for any violation that may result in	60017
sanctions under division (D)(1) of this section and for any other	60018
violation specified in rules adopted under division (G)(2) of this	60019
section. If the suspension of admissions is imposed for a	60020
violation that may result in sanctions under division (D)(1) of	60021
this section, the director may impose the suspension before	60022
providing an opportunity for an adjudication under Chapter 119. of	60023
the Revised Code. The director shall lift an order for the	60024
suspension of admissions when the director determines that the	60025
violation that formed the basis for the order has been corrected.	60026

(4) The director may order the placement of a monitor at a	60027
residential facility for any violation specified in rules adopted	60028
under division (G)(2) of this section. The director shall lift the	60029
order when the director determines that the violation that formed	60030
the basis for the order has been corrected.	60031

(5) If the director determines that two or more residential	60032
facilities owned or operated by the same person or government	60033
entity are not being operated in compliance with a provision of	60034
this chapter that applies to residential facilities or the rules	60035
adopted under such a provision, and the director's findings are	60036
based on the same or a substantially similar action, practice,	60037
circumstance, or incident that creates a substantial risk to the	60038
health and safety of the residents, the director shall conduct a	60039
survey as soon as practicable at each residential facility owned	60040
or operated by that person or government entity. The director may	60041
take any action authorized by this section with respect to any	60042
facility found to be operating in violation of a provision of this	60043
chapter that applies to residential facilities or the rules	60044
adopted under such a provision.	60045

(6) When the director initiates license revocation	60046
proceedings, no opportunity for submitting a plan of correction	60047
shall be given. The director shall notify the licensee by letter	60048
of the initiation of such proceedings. The letter shall list the	60049
deficiencies of the residential facility and inform the licensee	60050
that no plan of correction will be accepted. The director shall	60051
also notify each affected resident, the resident's guardian if the	60052
resident is an adult for whom a guardian has been appointed, the	60053
resident's parent or guardian if the resident is a minor, and the	60054
county board of mental retardation and developmental disabilities.	60055

(7) Pursuant to rules which shall be adopted in accordance	60056
with Chapter 119. of the Revised Code, the director may order the	60057
immediate removal of residents from a residential facility	60058
whenever conditions at the facility present an immediate danger of	60059
physical or psychological harm to the residents.	60060

(8) In determining whether a residential facility is being	60061
operated in compliance with a provision of this chapter that	60062
applies to residential facilities or the rules adopted under such	60063
a provision, or whether conditions at a residential facility	60064
present an immediate danger of physical or psychological harm to	60065
the residents, the director may rely on information obtained by a	60066
county board of mental retardation and developmental disabilities	60067
or other governmental agencies.	60068

(9) In proceedings initiated to deny, refuse to renew, or	60069
revoke licenses, the director may deny, refuse to renew, or revoke	60070
a license regardless of whether some or all of the deficiencies	60071
that prompted the proceedings have been corrected at the time of	60072
the hearing.	60073

(E) The director shall establish a program under which public	60074
notification may be made when the director has initiated license	60075
revocation proceedings or has issued an order for the suspension	60076
of admissions, placement of a monitor, or removal of residents.	60077
The director shall adopt rules in accordance with Chapter 119. of	60078
the Revised Code to implement this division. The rules shall	60079
establish the procedures by which the public notification will be	60080
made and specify the circumstances for which the notification must	60081
be made. The rules shall require that public notification be made	60082
if the director has taken action against the facility in the	60083
eighteen-month period immediately preceding the director's latest	60084
action against the facility and the latest action is being taken	60085
for the same or a substantially similar violation of a provision	60086
of this chapter that applies to residential facilities or the	60087
rules adopted under such a provision. The rules shall specify a	60088
method for removing or amending the public notification if the	60089
director's action is found to have been unjustified or the	60090
violation at the residential facility has been corrected.	60091

(F)(1) Except as provided in division (F)(2) of this section,	60092
appeals from proceedings initiated to impose a sanction under	60093
division (D) of this section shall be conducted in accordance with	60094
Chapter 119. of the Revised Code.	60095

(2) Appeals from proceedings initiated to order the	60096
suspension of admissions to a facility shall be conducted in	60097
accordance with Chapter 119. of the Revised Code, unless the order	60098
was issued before providing an opportunity for an adjudication, in	60099
which case all of the following apply:	60100

(a) The licensee may request a hearing not later than ten	60101
days after receiving the notice specified in section 119.07 of the	60102
Revised Code.	60103

(b) If a timely request for a hearing is made, the hearing	60104
shall commence not later than thirty days after the department	60105
receives the request.	60106

(c) After commencing, the hearing shall continue	60107
uninterrupted, except for Saturdays, Sundays, and legal holidays,	60108
unless other interruptions are agreed to by the licensee and the	60109
director.	60110

(d) If the hearing is conducted by a hearing examiner, the	60111
hearing examiner shall file a report and recommendations not later	60112
than ten days after the close of the hearing.	60113

(e) Not later than five days after the hearing examiner files	60114
the report and recommendations, the licensee may file objections	60115
to the report and recommendations.	60116

(f) Not later than fifteen days after the hearing examiner	60117
files the report and recommendations, the director shall issue an	60118
order approving, modifying, or disapproving the report and	60119
recommendations.	60120

(g) Notwithstanding the pendency of the hearing, the director	60121
shall lift the order for the suspension of admissions when the	60122
director determines that the violation that formed the basis for	60123
the order has been corrected.	60124

(G) In accordance with Chapter 119. of the Revised Code, the	60125
director shall adopt and may amend and rescind rules for licensing	60126
and regulating the operation of residential facilities, including	60127
intermediate care facilities for the mentally retarded. The rules	60128
for intermediate care facilities for the mentally retarded may	60129
differ from those for other residential facilities. The rules	60130
shall establish and specify the following:	60131

(1) Procedures and criteria for issuing and renewing	60132
licenses, including procedures and criteria for determining the	60133
length of the licensing period that the director must specify for	60134
each license when it is issued or renewed;	60135

(2) Procedures and criteria for denying, refusing to renew,	60136
terminating, and revoking licenses and for ordering the suspension	60137
of admissions to a facility, placement of a monitor at a facility,	60138
and the immediate removal of residents from a facility;	60139

(3) Fees for issuing and renewing licenses;

60140

(4) Procedures for surveying residential facilities;

60141

(5) Requirements for the training of residential facility	60142
personnel;	60143

(6) Classifications for the various types of residential	60144
facilities;	60145

(7) Certification procedures for licensees and management	60146
contractors that the director determines are necessary to ensure	60147
that they have the skills and qualifications to properly operate	60148
or manage residential facilities;	60149

(8) The maximum number of persons who may be served in a	60150
particular type of residential facility;	60151

(9) Uniform procedures for admission of persons to and	60152
transfers and discharges of persons from residential facilities;	60153

(10) Other standards for the operation of residential	60154
facilities and the services provided at residential facilities;	60155

(11) Procedures for waiving any provision of any rule adopted	60156
under this section.	60157

(H) Before issuing a license, the director of the department	60158
or the director's designee shall conduct a survey of the	60159
residential facility for which application is made. The director	60160
or the director's designee shall conduct a survey of each licensed	60161
residential facility at least once during the period the license	60162
is valid and may conduct additional inspections as needed. A	60163
survey includes but is not limited to an on-site examination and	60164
evaluation of the residential facility, its personnel, and the	60165
services provided there.	60166

In conducting surveys, the director or the director's	60167
designee shall be given access to the residential facility; all	60168
records, accounts, and any other documents related to the	60169
operation of the facility; the licensee; the residents of the	60170
facility; and all persons acting on behalf of, under the control	60171
of, or in connection with the licensee. The licensee and all	60172
persons on behalf of, under the control of, or in connection with	60173
the licensee shall cooperate with the director or the director's	60174
designee in conducting the survey.	60175

Following each survey, unless the director initiates a	60176
license revocation proceeding, the director or the director's	60177
designee shall provide the licensee with a report listing any	60178
deficiencies, specifying a timetable within which the licensee	60179
shall submit a plan of correction describing how the deficiencies	60180
will be corrected, and, when appropriate, specifying a timetable	60181
within which the licensee must correct the deficiencies. After a	60182
plan of correction is submitted, the director or the director's	60183
designee shall approve or disapprove the plan. A copy of the	60184
report and any approved plan of correction shall be provided to	60185
any person who requests it.	60186

The director shall initiate disciplinary action against any	60187
department employee who notifies or causes the notification to any	60188
unauthorized person of an unannounced survey of a residential	60189
facility by an authorized representative of the department.	60190

(I) In addition to any other information which may be	60191
required of applicants for a license pursuant to this section and	60192
except as provided in section 5123.1910 of the Revised Code, the	60193
director shall require each applicant to provide a copy of an	60194
approved plan for a proposed residential facility pursuant to	60195
section 5123.042 of the Revised Code. This division does not apply	60196
to renewal of a license.	60197

(J) A licensee shall notify the owner of the building in	60198
which the licensee's residential facility is located of any	60199
significant change in the identity of the licensee or management	60200
contractor before the effective date of the change if the licensee	60201
is not the owner of the building.	60202

Pursuant to rules which shall be adopted in accordance with	60203
Chapter 119. of the Revised Code, the director may require	60204
notification to the department of any significant change in the	60205
ownership of a residential facility or in the identity of the	60206
licensee or management contractor. If the director determines that	60207
a significant change of ownership is proposed, the director shall	60208
consider the proposed change to be an application for development	60209
by a new operator pursuant to section 5123.042 of the Revised Code	60210
and shall advise the applicant within sixty days of such	60211
notification that the current license shall continue in effect or	60212
a new license will be required pursuant to this section. If the	60213
director requires a new license, the director shall permit the	60214
facility to continue to operate under the current license until	60215
the new license is issued, unless the current license is revoked,	60216
refused to be renewed, or terminated in accordance with Chapter	60217
119. of the Revised Code.	60218

(K) A county board of mental retardation and developmental	60219
disabilities, the legal rights service, and any interested person	60220
may file complaints alleging violations of statute or department	60221
rule relating to residential facilities with the department. All	60222
complaints shall be in writing and shall state the facts	60223
constituting the basis of the allegation. The department shall not	60224
reveal the source of any complaint unless the complainant agrees	60225
in writing to waive the right to confidentiality or until so	60226
ordered by a court of competent jurisdiction.	60227

The department shall adopt rules in accordance with Chapter	60228
119. of the Revised Code establishing procedures for the receipt,	60229
referral, investigation, and disposition of complaints filed with	60230
the department under this division.	60231

(L) The department shall establish procedures for the	60232
notification of interested parties of the transfer or interim care	60233
of residents from residential facilities that are closing or are	60234
losing their license.	60235

(M) Before issuing a license under this section to a	60236
residential facility that will accommodate at any time more than	60237
one mentally retarded or developmentally disabled individual, the	60238
director shall, by first class mail, notify the following:	60239

(1) If the facility will be located in a municipal	60240
corporation, the clerk of the legislative authority of the	60241
municipal corporation;	60242

(2) If the facility will be located in unincorporated	60243
territory, the clerk of the appropriate board of county	60244
commissioners and the clerk of the appropriate board of township	60245
trustees.	60246

The director shall not issue the license for ten days after	60247
mailing the notice, excluding Saturdays, Sundays, and legal	60248
holidays, in order to give the notified local officials time in	60249
which to comment on the proposed issuance.	60250

Any legislative authority of a municipal corporation, board	60251
of county commissioners, or board of township trustees that	60252
receives notice under this division of the proposed issuance of a	60253
license for a residential facility may comment on it in writing to	60254
the director within ten days after the director mailed the notice,	60255
excluding Saturdays, Sundays, and legal holidays. If the director	60256
receives written comments from any notified officials within the	60257
specified time, the director shall make written findings	60258
concerning the comments and the director's decision on the	60259
issuance of the license. If the director does not receive written	60260
comments from any notified local officials within the specified	60261
time, the director shall continue the process for issuance of the	60262
license.	60263

(N) Any person may operate a licensed residential facility	60264
that provides room and board, personal care, habilitation	60265
services, and supervision in a family setting for at least six but	60266
not more than eight persons with mental retardation or a	60267
developmental disability as a permitted use in any residential	60268
district or zone, including any single-family residential district	60269
or zone, of any political subdivision. These residential	60270
facilities may be required to comply with area, height, yard, and	60271
architectural compatibility requirements that are uniformly	60272
imposed upon all single-family residences within the district or	60273
zone.	60274

(O) Any person may operate a licensed residential facility	60275
that provides room and board, personal care, habilitation	60276
services, and supervision in a family setting for at least nine	60277
but not more than sixteen persons with mental retardation or a	60278
developmental disability as a permitted use in any multiple-family	60279
residential district or zone of any political subdivision, except	60280
that a political subdivision that has enacted a zoning ordinance	60281
or resolution establishing planned unit development districts may	60282
exclude these residential facilities from such districts, and a	60283
political subdivision that has enacted a zoning ordinance or	60284
resolution may regulate these residential facilities in	60285
multiple-family residential districts or zones as a conditionally	60286
permitted use or special exception, in either case, under	60287
reasonable and specific standards and conditions set out in the	60288
zoning ordinance or resolution to:	60289

(1) Require the architectural design and site layout of the	60290
residential facility and the location, nature, and height of any	60291
walls, screens, and fences to be compatible with adjoining land	60292
uses and the residential character of the neighborhood;	60293

(2) Require compliance with yard, parking, and sign	60294
regulation;	60295

(3) Limit excessive concentration of these residential	60296
facilities.	60297

(P) This section does not prohibit a political subdivision	60298
from applying to residential facilities nondiscriminatory	60299
regulations requiring compliance with health, fire, and safety	60300
regulations and building standards and regulations.	60301

(Q) Divisions (N) and (O) of this section are not applicable	60302
to municipal corporations that had in effect on June 15, 1977, an	60303
ordinance specifically permitting in residential zones licensed	60304
residential facilities by means of permitted uses, conditional	60305
uses, or special exception, so long as such ordinance remains in	60306
effect without any substantive modification.	60307

(R)(1) The director may issue an interim license to operate a	60308
residential facility to an applicant for a license under this	60309
section if either of the following is the case:	60310

(a) The director determines that an emergency exists	60311
requiring immediate placement of persons in a residential	60312
facility, that insufficient licensed beds are available, and that	60313
the residential facility is likely to receive a permanent license	60314
under this section within thirty days after issuance of the	60315
interim license.	60316

(b) The director determines that the issuance of an interim	60317
license is necessary to meet a temporary need for a residential	60318
facility.	60319

(2) To be eligible to receive an interim license, an	60320
applicant must meet the same criteria that must be met to receive	60321
a permanent license under this section, except for any differing	60322
procedures and time frames that may apply to issuance of a	60323
permanent license.	60324

(3) An interim license shall be valid for thirty days and may	60325
be renewed by the director for a period not to exceed one hundred	60326
fifty days.	60327

(4) The director shall adopt rules in accordance with Chapter	60328
119. of the Revised Code as the director considers necessary to	60329
administer the issuance of interim licenses.	60330

(S) Notwithstanding rules adopted pursuant to this section	60331
establishing the maximum number of persons who may be served in a	60332
particular type of residential facility, a residential facility	60333
shall be permitted to serve the same number of persons being	60334
served by the facility on the effective date of such rules or the	60335
number of persons for which the facility is authorized pursuant to	60336
a current application for a certificate of need with a letter of	60337
support from the department of mental retardation and	60338
developmental disabilities and which is in the review process	60339
prior to April 4, 1986.	60340

(T) The director or the director's designee may enter at any	60341
time, for purposes of investigation, any home, facility, or other	60342
structure that has been reported to the director or that the	60343
director has reasonable cause to believe is being operated as a	60344
residential facility without a license issued under this section.	60345

The director may petition the court of common pleas of the	60346
county in which an unlicensed residential facility is located for	60347
an order enjoining the person or governmental agency operating the	60348
facility from continuing to operate without a license. The court	60349
may grant the injunction on a showing that the person or	60350
governmental agency named in the petition is operating a	60351
residential facility without a license. The court may grant the	60352
injunction, regardless of whether the residential facility meets	60353
the requirements for receiving a license under this section.	60354

(U) Except as provided in section 5123.198 of the Revised	60355
Code, whenever a resident of a residential facility is committed	60356
to a state-operated intermediate care facility for the mentally	60357
retarded pursuant to sections 5123.71 to 5123.76 of the Revised	60358
Code, the department shall reduce by one the maximum number of	60359
residents for which the facility is licensed.	60360

Sec. 5123.196. (A) Except as provided in divisions (E) and	60361
(F) of this section, the director of mental retardation and	60362
developmental disabilities shall not issue a license under section	60363
5123.19 of the Revised Code on or after July 1, 2003, if issuance	60364
will result in there being more beds in all residential facilities	60365
licensed under that section than is permitted under division (B)	60366
of this section.	60367

(B) The maximum number of beds for the purpose of division	60368
(A) of this section shall not exceed ten thousand eight hundred	60369
thirty-eight minus, except as provided in division (C) of this	60370
section, both of the following:	60371

(1) The number of such beds taken out of service on or after	60372
July 1, 2003, because a residential facility license is revoked,	60373
terminated, or not renewed for any reason or is surrendered;	60374

(2) The number of such beds for which a licensee voluntarily	60375
converts to use for supported living on or after July 1, 2003.	60376

(C) The director is not required to reduce the maximum number	60377
of beds pursuant to division (B) of this section by a bed taken	60378
out of service if the director determines that the bed is needed	60379
to provide services to an individual with mental retardation or a	60380
developmental disability who resided in the residential facility	60381
in which the bed was located.	60382

(D) The director shall maintain an up-to-date written record	60383
of the maximum number of residential facility beds provided for by	60384
division (B) of this section.	60385

(E) If required by section 5123.1910 of the Revised Code to	60386
issue a license under section 5123.19 of the Revised Code, the	60387
director shall issue the license regardless of whether issuance	60388
will result in there being more beds in all residential facilities	60389
licensed under that section than is permitted under division (B)	60390
of this section.	60391

(F) The director may issue an interim license under division	60392
(R) of section 5123.19 of the Revised Code and issue, pursuant to	60393
rules adopted under division (G)(11) of that section, a waiver	60394
allowing a residential facility to admit more residents than the	60395
facility is licensed to admit regardless of whether the interim	60396
license or waiver will result in there being more beds in all	60397
residential facilities licensed under that section than is	60398
permitted under division (B) of this section.	60399

Sec. 5123.198. (A) Except as provided in division (B) of this	60400
section, whenever a resident of a residential facility is	60401
committed to a state-operated intermediate care facility for the	60402
mentally retarded pursuant to sections 5123.71 to 5123.76 of the	60403
Revised Code, the department of mental retardation and	60404
developmental disabilities, pursuant to an adjudication order	60405
issued in accordance with Chapter 119. of the Revised code, shall	60406
reduce by one the number of residents for which the facility in	60407
which the resident resided is licensed.	60408

(B) The department shall not reduce under division (A) of	60409
this section the number of residents for which a residential	60410
facility is licensed if any of the following are the case:	60411

(1) The residential facility admits an individual who resides	60412
in a state-operated intermediate care facility for the mentally	60413
retarded on the date of the commitment of the resident of the	60414
residential facility to the state-operated intermediate care	60415
facility for the mentally retarded;	60416

(2) There are no individuals residing in a state-operated	60417
intermediate care facility for the mentally retarded on the date	60418
of the commitment who have needs that the residential facility can	60419
meet;	60420

(3) The residential facility admits an individual who resides	60421
in another residential facility on the date of the commitment, has	60422
needs the residential facility can meet, and is designated for	60423
transfer to the residential facility by the department not later	60424
than ninety days after the date of the commitment;	60425

(4) There are no individuals residing in another residential	60426
facility on the date of the commitment who have needs that the	60427
residential facility can meet;	60428

(5) The department fails within the time specified in	60429
division (B)(3) of this section to designate for transfer to the	60430
residential facility an individual who has needs that the	60431
residential facility can meet and resides in another residential	60432
facility on the date of the commitment;	60433

(6) Every individual the department designates within the	60434
time specified in division (B)(3) of this section for transfer to	60435
the residential facility, or the parents or guardians of every	60436
such individual, refuses placement in the facility.	60437

(C) A residential facility that admits, discharges, or	60438
transfers a resident under this section shall comply with the	60439
uniform procedures for admissions, transfers, and discharges	60440
established by rules adopted under division (G)(9) of section	60441
5123.19 of the Revised Code.	60442

(D) The department of mental retardation and developmental	60443
disabilities may notify the department of job and family services	60444
of any reduction under this section in the number of residents for	60445
which a residential facility that is an intermediate care facility	60446
for the mentally retarded is licensed. On receiving the notice,	60447
the department of job and family services may transfer to the	60448
department of mental retardation and developmental disabilities	60449
the savings in the nonfederal share of medicaid expenditures for	60450
each fiscal year after the year of the commitment to be used for	60451
costs of the resident's care in the state-operated intermediate	60452
care facility for the mentally retarded. In determining the amount	60453
saved, the department of job and family services shall consider	60454
medicaid payments for the remaining residents of the facility in	60455
which the resident resided.	60456

Sec. 5111.252.        Sec. 5123.199.  (A) As used in this section:

60457

(1) "Contractor" means a person or government agency that has	60458
entered into a contract with the department of mental retardation	60459
and developmental disabilities under this section.	60460

(2) "Government agency" and "residential services" have the	60461
same meanings as in section 5123.18 of the Revised Code.	60462

(3) "Intermediate care facility for the mentally retarded"	60463
has the same meaning as in section 5111.20 of the Revised Code.	60464

(4) "Respite care services" has the same meaning as in	60465
section 5123.171 of the Revised Code.	60466

(B) The department of mental retardation and developmental	60467
disabilities may enter into a contract with a person or government	60468
agency to do any of the following:	60469

(1) Provide residential services in an intermediate care	60470
facility for the mentally retarded to an individual who meets the	60471
criteria for admission to such a facility but is not eligible for	60472
assistance under this chapterChapter 5111. of the Revised Code	60473
due to unliquidated assets subject to final probate action;	60474

(2) Provide respite care services in an intermediate care	60475
facility for the mentally retarded;	60476

(3) Provide residential services in a facility for which the	60477
person or government agency has applied for, but has not received,	60478
certification and payment as an intermediate care facility for the	60479
mentally retarded if the person or government agency is making a	60480
good faith effort to bring the facility into compliance with	60481
requirements for certification and payment as an intermediate care	60482
facility for the mentally retarded. In assigning payment amounts	60483
to such contracts, the department shall take into account costs	60484
incurred in attempting to meet certification requirements.	60485

(4) Reimburse an intermediate care facility for the mentally	60486
retarded for costs not otherwise reimbursed under this chapter	60487
Chapter 5111. of the Revised Code for clothing for individuals who	60488
are mentally retarded or developmentally disabled. Reimbursement	60489
under such contracts shall not exceed a maximum amount per	60490
individual per year specified in rules that the department shall	60491
adopt in accordance with Chapter 119. of the Revised Code.	60492

(C) The amount paid to a contractor under divisions (B)(1) to	60493
(3) of this section shall not exceed the reimbursement that would	60494
be made under this chapterChapter 5111. of the Revised Code by	60495
the department of job and family services for the same goods and	60496
services.	60497

(D) The department of mental retardation and developmental	60498
disabilities shall adopt rules as necessary to implement this	60499
section, including rules establishing standards and procedures for	60500
the submission of cost reports by contractors and the department's	60501
conduct of audits and reconciliations regarding the contracts. The	60502
rules shall be adopted in accordance with Chapter 119. of the	60503
Revised Code.	60504

Sec. 5123.1910. (A) The director of mental retardation and	60505
developmental disabilities shall issue one or more residential	60506
facility licenses under section 5123.19 of the Revised Code to an	60507
applicant without requiring the applicant to have plans submitted,	60508
reviewed, or approved under section 5123.042 of the Revised Code	60509
for the residential facility if all of the following requirements	60510
are met:	60511

(1) The applicant satisfies the requirements for the license	60512
established by section 5123.19 of the Revised Code and rules	60513
adopted under that section, other than any rule that requires an	60514
applicant for a residential facility license to have plans	60515
submitted, reviewed, or approved under section 5123.042 of the	60516
Revised Code for the residential facility.	60517

(2) The applicant operates at least one residential facility	60518
licensed under section 5123.19 of the Revised Code on the	60519
effective date of this section.	60520

(3) The applicant provides services to individuals with	60521
mental retardation or a developmental disability who have a	60522
chronic, medically complex, or technology-dependent condition that	60523
requires special supervision or care, the majority of whom	60524
received habilitation services from the applicant before attaining	60525
eighteen years of age.	60526

(4) The applicant has created directly or through a corporate	60527
affiliate a research center that has the mission of funding,	60528
promoting, and carrying on scientific research in the public	60529
interest related to individuals with mental retardation or a	60530
developmental disability for the purpose of improving the lives of	60531
such individuals.	60532

(5) If the applicant seeks two or more residential facility	60533
licenses, the residential facilities for which a license is sought	60534
after the effective date of this section are located on the same	60535
or adjoining property sites.	60536

(6) The residential facilities for which the applicant seeks	60537
licensure have not more than eight beds each and forty-eight beds	60538
total.	60539

(7) The applicant, one or more of the applicant's corporate	60540
affiliates, or both employ or contract for, on a full-time basis,	60541
at least one licensed physician who is certified by the American	60542
board of pediatrics or would be eligible for certification from	60543
that board if the physician passed an examination necessary to	60544
obtain certification from that board.	60545

(8) The applicant, one or more of the applicant's corporate	60546
affiliates, or both have educational facilities suitable for the	60547
instruction of individuals under eighteen years of age with mental	60548
retardation or a developmental disability who have a medically	60549
complex or technology-dependent condition.	60550

(9) The applicant has a policy for giving individuals with	60551
mental retardation or a developmental disability who meet all of	60552
the following conditions priority over all others in admissions to	60553
one of the residential facilities licensed under section 5123.19	60554
of the Revised Code that the applicant operates on the effective	60555
date of this section:	60556

(a) Are under eighteen years of age;

60557

(b) Have a chronic, medically complex, or	60558
technology-dependent condition that requires special supervision	60559
or care;	60560

(c) Are eligible for medicaid;

60561

(d) Reside in a nursing home, as defined in section 3721.01	60562
of the Revised Code, or a hospital, as defined in section 3727.01,	60563
prior to being admitted to the residential facility.	60564

(B) The director shall issue one or more residential facility	60565
licenses under section 5123.19 of the Revised Code to an applicant	60566
who meets all of the requirements of this section regardless of	60567
whether the requirements for approval of a plan for a proposed	60568
residential facility established by rules adopted under section	60569
5123.042 of the Revised Code are met.	60570

Sec. 5123.38. (A) Except as provided in division (B) and (C)	60571
of this section, if an individual receiving supported living or	60572
home and community-based services, as defined in section 5126.01	60573
of the Revised Code, funded by a county board of mental	60574
retardation and developmental disabilities is committed to a	60575
state-operated intermediate care facility for the mentally	60576
retarded pursuant to sections 5123.71 to 5123.76 of the Revised	60577
Code, the department of mental retardation and developmental	60578
disabilities shall use the funds otherwise allocated to the county	60579
board as the nonfederal share of medicaid expenditures for the	60580
individual's care in the state-operated facility.	60581

(B) Division (A) of this section does not apply if the county	60582
board, not later than ninety days after the date of the commitment	60583
of a person receiving supported services, commences funding of	60584
supported living for an individual who resides in a state-operated	60585
intermediate care facility for the mentally retarded on the date	60586
of the commitment or another eligible individual designated by the	60587
department.	60588

(C) Division (A) of this section does not apply if the county	60589
board, not later than ninety days after the date of the commitment	60590
of a person receiving home and community-based services, commences	60591
funding of home and community-based services for an individual who	60592
resides in a state-operated intermediate care facility for the	60593
mentally retarded on the date of the commitment or another	60594
eligible individual designated by the department.	60595

Sec. 5123.60.  (A) A legal rights service is hereby created	60596
and established to protect and advocate the rights of mentally ill	60597
persons, mentally retarded persons, developmentally disabled	60598
persons, and other disabled persons who may be represented by the	60599
service pursuant to division (L) of this section; to receive and	60600
act upon complaints concerning institutional and hospital	60601
practices and conditions of institutions for mentally retarded or	60602
developmentally disabled persons and hospitals for the mentally	60603
ill; and to assure that all persons detained, hospitalized,	60604
discharged, or institutionalized, and all persons whose detention,	60605
hospitalization, discharge, or institutionalization is sought or	60606
has been sought under this chapter or Chapter 5122. of the Revised	60607
Code are fully informed of their rights and adequately represented	60608
by counsel in proceedings under this chapter or Chapter 5122. of	60609
the Revised Code and in any proceedings to secure the rights of	60610
those persons. Notwithstanding the definitions of "mentally	60611
retarded person" and "developmentally disabled person" in section	60612
5123.01 of the Revised Code, the legal rights service shall	60613
determine who is a mentally retarded or developmentally disabled	60614
person for purposes of this section and sections 5123.601 to	60615
5123.604 of the Revised Code.	60616

(B) In regard to those persons detained, hospitalized, or	60617
institutionalized under Chapter 5122. of the Revised Code, the	60618
legal rights service shall undertake formal representation only of	60619
those persons who are involuntarily detained, hospitalized, or	60620
institutionalized pursuant to sections 5122.10 to 5122.15 of the	60621
Revised Code, and those voluntarily detained, hospitalized, or	60622
institutionalized who are minors, who have been adjudicated	60623
incompetent, who have been detained, hospitalized, or	60624
institutionalized in a public hospital, or who have requested	60625
representation by the legal rights service. If a person referred	60626
to in division (A) of this section voluntarily requests in writing	60627
that the legal rights service terminate participation in the	60628
person's case, such involvement shall cease.	60629

(C) Any person voluntarily hospitalized or institutionalized	60630
in a public hospital under division (A) of section 5122.02 of the	60631
Revised Code, after being fully informed of the person's rights	60632
under division (A) of this section, may, by written request, waive	60633
assistance by the legal rights service if the waiver is knowingly	60634
and intelligently made, without duress or coercion.	60635

The waiver may be rescinded at any time by the voluntary	60636
patient or resident, or by the voluntary patient's or resident's	60637
legal guardian.	60638

(D)(1) The legal rights service commission is hereby created	60639
for the purposes of appointing an administrator of the legal	60640
rights service, advising the administrator, assisting the	60641
administrator in developing a budget, advising the administrator	60642
in establishing and annually reviewing a strategic plan, creating	60643
a procedure for filing and determination of grievances against the	60644
legal rights service, and establishing general policy guidelines,	60645
including guidelines for the commencement of litigation, for the	60646
legal rights service. The commission may adopt rules to carry	60647
these purposes into effect and may receive and act upon appeals of	60648
personnel decisions by the administrator.	60649

(2) The commission shall consist of seven members. One	60650
member, who shall serve as chairperson, shall be appointed by the	60651
chief justice of the supreme court, three members shall be	60652
appointed by the speaker of the house of representatives, and	60653
three members shall be appointed by the president of the senate.	60654
At least two members shall have experience in the field of	60655
developmental disabilities, and at least two members shall have	60656
experience in the field of mental health. No member shall be a	60657
provider or related to a provider of services to mentally	60658
retarded, developmentally disabled, or mentally ill persons.	60659

(3) Terms of office of the members of the commission shall be	60660
for three years, each term ending on the same day of the month of	60661
the year as did the term which it succeeds. Each member shall	60662
serve subsequent to the expiration of the member's term until a	60663
successor is appointed and qualifies, or until sixty days has	60664
elapsed, whichever occurs first. No member shall serve more than	60665
two consecutive terms.	60666

All vacancies in the membership of the commission shall be	60667
filled in the manner prescribed for regular appointments to the	60668
commission and shall be limited to the unexpired terms.	60669

(4) The commission shall meet at least four times each year.	60670
Members shall be reimbursed for their necessary and actual	60671
expenses incurred in the performance of their official duties.	60672

(5) The administrator of the legal rights service shall be	60673
appointed for a five-year term, subject to removal for mental or	60674
physical incapacity to perform the duties of the office,	60675
conviction of violation of any law relating to the administrator's	60676
powers and duties, or other good cause shownserve at the pleasure	60677
of the commission.	60678

The administrator shall be a person who has had special	60679
training and experience in the type of work with which the legal	60680
rights service is charged. If the administrator is not an	60681
attorney, the administrator shall seek legal counsel when	60682
appropriate. The salary of the administrator shall be established	60683
in accordance with section 124.14 of the Revised Code.	60684

(E) The legal rights service shall be completely independent	60685
of the department of mental health and the department of mental	60686
retardation and developmental disabilities and, notwithstanding	60687
section 109.02 of the Revised Code, shall also be independent of	60688
the office of the attorney general. The administrator of the legal	60689
rights service, staff, and attorneys designated by the	60690
administrator to represent persons detained, hospitalized, or	60691
institutionalized under this chapter or Chapter 5122. of the	60692
Revised Code shall have ready access to the following:	60693

(1) During normal business hours and at other reasonable	60694
times, all records relating to expenditures of state and federal	60695
funds or to the commitment, care, treatment, and habilitation of	60696
all persons represented by the legal rights service, including	60697
those who may be represented pursuant to division (L) of this	60698
section, or persons detained, hospitalized, institutionalized, or	60699
receiving services under this chapter or Chapter 340., 5119.,	60700
5122., or 5126. of the Revised Code that are records maintained by	60701
the following entities providing services for those persons:	60702
departments; institutions; hospitals; community residential	60703
facilities; boards of alcohol, drug addiction, and mental health	60704
services; county boards of mental retardation and developmental	60705
disabilities; contract agencies of those boards; and any other	60706
entity providing services to persons who may be represented by the	60707
service pursuant to division (L) of this section;	60708

(2) Any records maintained in computerized data banks of the	60709
departments or boards or, in the case of persons who may be	60710
represented by the service pursuant to division (L) of this	60711
section, any other entity that provides services to those persons;	60712

(3) During their normal working hours, personnel of the	60713
departments, facilities, boards, agencies, institutions,	60714
hospitals, and other service-providing entities;	60715

(4) At any time, all persons detained, hospitalized, or	60716
institutionalized; persons receiving services under this chapter	60717
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	60718
persons who may be represented by the service pursuant to division	60719
(L) of this section.	60720

(F) The administrator of the legal rights service shall do	60721
the following:	60722

(1) Administer and organize the work of the legal rights	60723
service and establish administrative or geographic divisions as	60724
the administrator considers necessary, proper, and expedient;	60725

(2) Adopt and promulgate rules that are not in conflict with	60726
rules adopted by the commission and prescribe duties for the	60727
efficient conduct of the business and general administration of	60728
the legal rights service;	60729

(3) Appoint and discharge employees, and hire experts,	60730
consultants, advisors, or other professionally qualified persons	60731
as the administrator considers necessary to carry out the duties	60732
of the legal rights service;	60733

(4) Apply for and accept grants of funds, and accept	60734
charitable gifts and bequests;	60735

(5) Prepare and submit a budget to the general assembly for	60736
the operation of the legal rights service;. At least thirty days	60737
prior to submitting the budget to the general assembly, the	60738
administrator shall provide a copy of the budget to the commission	60739
for review and comment. When submitting the budget to the general	60740
assembly, the administrator shall include a copy of any written	60741
comments returned by the commission to the administrator.	60742

(6) Enter into contracts and make expenditures necessary for	60743
the efficient operation of the legal rights service;	60744

(7) Annually prepare a report of activities and submit copies	60745
of the report to the governor, the chief justice of the supreme	60746
court, the president of the senate, the speaker of the house of	60747
representatives, the director of mental health, and the director	60748
of mental retardation and developmental disabilities, and make the	60749
report available to the public;	60750

(8) Upon request of the commission or of the chairperson of	60751
the commission, report to the commission on specific litigation	60752
issues or activities.	60753

(G)(1) The legal rights service may act directly or contract	60754
with other organizations or individuals for the provision of the	60755
services envisioned under this section.	60756

(2) Whenever possible, the administrator shall attempt to	60757
facilitate the resolution of complaints through administrative	60758
channels. Subject to division (G)(3) of this section, if attempts	60759
at administrative resolution prove unsatisfactory, the	60760
administrator may pursue any legal, administrative, and other	60761
appropriate remedies or approaches that may be necessary to	60762
accomplish the purposes of this section.	60763

(3) The administrator may not pursue a class action lawsuit	60764
under division (G)(2) of this section when attempts at	60765
administrative resolution of a complaint prove unsatisfactory	60766
under that division unless both of the following have first	60767
occurred:	60768

(a) At least four members of the commission, by their	60769
affirmative vote, have consented to the pursuit of the class	60770
action lawsuit;	60771

(b) At least five members of the commission are present at	60772
the meeting of the commission at which that consent is obtained.	60773

(4) RelationshipsSubject to division (G)(5) of this section,	60774
relationships between personnel and the agents of the legal rights	60775
service and its clients shall be fiduciary relationships, and all	60776
communications shall be confidential, as if between attorney and	60777
client.	60778

(5) Any person who has been represented by the legal rights	60779
service or who has applied for and been denied representation and	60780
who files a grievance with the service concerning the	60781
representation or application may appeal the decision of the	60782
service on the grievance to the commission. The person may appeal	60783
notwithstanding any objections of the person's legal guardian. The	60784
commission may examine any records relevant to the appeal and	60785
shall maintain the confidentiality of any records that are	60786
required to be kept confidential.	60787

(H) The legal rights service, on the order of the	60788
administrator, with the approval by an affirmative vote of at	60789
least four members of the commission, may compel by subpoena the	60790
appearance and sworn testimony of any person the administrator	60791
reasonably believes may be able to provide information or to	60792
produce any documents, books, records, papers, or other	60793
information necessary to carry out its duties.	60794

(I) The legal rights service may conduct public hearings.

60795

(J) The legal rights service may request from any	60796
governmental agency any cooperation, assistance, services, or data	60797
that will enable it to perform its duties.	60798

(K) In any malpractice action filed against the administrator	60799
of the legal rights service, a member of the staff of the legal	60800
rights service, or an attorney designated by the administrator to	60801
perform legal services under division (E) of this section, the	60802
state shall, when the administrator, member, or attorney has acted	60803
in good faith and in the scope of employment, indemnify the	60804
administrator, member, or attorney for any judgment awarded or	60805
amount negotiated in settlement, and for any court costs or legal	60806
fees incurred in defense of the claim.	60807

This division does not limit or waive, and shall not be	60808
construed to limit or waive, any defense that is available to the	60809
legal rights service, its administrator or employees, persons	60810
under a personal services contract with it, or persons designated	60811
under division (E) of this section, including, but not limited to,	60812
any defense available under section 9.86 of the Revised Code.	60813

(L) In addition to providing services to mentally ill,	60814
mentally retarded, or developmentally disabled persons, when a	60815
grant authorizing the provision of services to other individuals	60816
is accepted pursuant to division (F)(4) of this section, the legal	60817
rights service and its ombudsperson section may provide advocacy	60818
or ombudsperson services to those other individuals and exercise	60819
any other authority granted by this section or sections 5123.601	60820
to 5123.604 of the Revised Code on behalf of those individuals.	60821
Determinations of whether an individual is eligible for services	60822
under this division shall be made by the legal rights service.	60823

Sec. 5123.801.  If neither a discharged resident, nor a	60824
resident granted trial visit, nor the persons requesting the	60825
resident's trial visit or discharge are financially able to bear	60826
the expense of the resident's trial visit or discharge, the	60827
managing officer of an institution under the control of the	60828
department of mental retardation and developmental disabilities	60829
may then provide actual traveling and escort expenses to the	60830
township of which the resident resided at the time of	60831
institutionalization. The amount payable shall be charged to the	60832
current expense fund of the institution.	60833

The expense of the return of a resident on trial visit from	60834
an institution, if it cannot be paid by the responsible relatives,	60835
shall be borne by the county of institutionalization.	60836

The managing officer of the institution shall take all proper	60837
measures for the apprehension of an escaped resident. The expense	60838
of the return of an escaped resident shall be borne by the	60839
institution where the resident is institutionalized.	60840

The managing officer of the institution shall provide	60841
sufficient and proper clothing for traveling if neither the	60842
resident nor the persons requesting the resident's trial visit or	60843
discharge are financially able to provide that clothing.	60844

Sec. 5123.851.  When a resident institutionalized pursuant to	60845
this chapter is discharged from the institution, the managing	60846
officer of the institution may provide the resident with all	60847
personal items that were purchased in implementing the resident's	60848
habilitation plan established pursuant to section 5123.85 of the	60849
Revised Code. The personal items may be provided to the resident,	60850
regardless of the source of the funds that were used to purchase	60851
the items.	60852

Sec. 5126.01.  As used in this chapter:

60853

(A) As used in this division, "adult" means an individual who	60854
is eighteen years of age or over and not enrolled in a program or	60855
service under Chapter 3323. of the Revised Code and an individual	60856
sixteen or seventeen years of age who is eligible for adult	60857
services under rules adopted by the director of mental retardation	60858
and developmental disabilities pursuant to Chapter 119. of the	60859
Revised Code.	60860

(1) "Adult services" means services provided to an adult	60861
outside the home, except when they are provided within the home	60862
according to an individual's assessed needs and identified in an	60863
individual service plan, that support learning and assistance in	60864
the area of self-care, sensory and motor development,	60865
socialization, daily living skills, communication, community	60866
living, social skills, or vocational skills.	60867

(2) "Adult services" includes all of the following:

60868

(a) Adult day habilitation services;

60869

(b) Adult day care;

60870

(c) Prevocational services;

60871

(d) Sheltered employment;

60872

(e) Educational experiences and training obtained through	60873
entities and activities that are not expressly intended for	60874
individuals with mental retardation and developmental	60875
disabilities, including trade schools, vocational or technical	60876
schools, adult education, job exploration and sampling, unpaid	60877
work experience in the community, volunteer activities, and	60878
spectator sports;	60879

(f) Community employment services and supported employment	60880
services.	60881

(B)(1) "Adult day habilitation services" means adult services	60882
that do the following:	60883

(a) Provide access to and participation in typical activities	60884
and functions of community life that are desired and chosen by the	60885
general population, including such activities and functions as	60886
opportunities to experience and participate in community	60887
exploration, companionship with friends and peers, leisure	60888
activities, hobbies, maintaining family contacts, community	60889
events, and activities where individuals without disabilities are	60890
involved;	60891

(b) Provide supports or a combination of training and	60892
supports that afford an individual a wide variety of opportunities	60893
to facilitate and build relationships and social supports in the	60894
community.	60895

(2) "Adult day habilitation services" includes all of the	60896
following:	60897

(a) Personal care services needed to ensure an individual's	60898
ability to experience and participate in vocational services,	60899
educational services, community activities, and any other adult	60900
day habilitation services;	60901

(b) Skilled services provided while receiving adult day	60902
habilitation services, including such skilled services as behavior	60903
management intervention, occupational therapy, speech and language	60904
therapy, physical therapy, and nursing services;	60905

(c) Training and education in self-determination designed to	60906
help the individual do one or more of the following: develop	60907
self-advocacy skills, exercise the individual's civil rights,	60908
acquire skills that enable the individual to exercise control and	60909
responsibility over the services received, and acquire skills that	60910
enable the individual to become more independent, integrated, or	60911
productive in the community;	60912

(d) Recreational and leisure activities identified in the	60913
individual's service plan as therapeutic in nature or assistive in	60914
developing or maintaining social supports;	60915

(e) Counseling and assistance provided to obtain housing,	60916
including such counseling as identifying options for either rental	60917
or purchase, identifying financial resources, assessing needs for	60918
environmental modifications, locating housing, and planning for	60919
ongoing management and maintenance of the housing selected;	60920

(f) Transportation necessary to access adult day habilitation	60921
services;	60922

(g) Habilitation management, as described in section 5126.14	60923
of the Revised Code.	60924

(3) "Adult day habilitation services" does not include	60925
activities that are components of the provision of residential	60926
services, family support services, or supported living services.	60927

(C) "Community employment services" or "supported employment	60928
services" means job training and other services related to	60929
employment outside a sheltered workshop. "Community employment	60930
services" or "supported employment services" include all of the	60931
following:	60932

(1) Job training resulting in the attainment of competitive	60933
work, supported work in a typical work environment, or	60934
self-employment;	60935

(2) Supervised work experience through an employer paid to	60936
provide the supervised work experience;	60937

(3) Ongoing work in a competitive work environment at a wage	60938
commensurate with workers without disabilities;	60939

(4) Ongoing supervision by an employer paid to provide the	60940
supervision.	60941

(D) As used in this division, "substantial functional	60942
limitation," "developmental delay," and "established risk" have	60943
the meanings established pursuant to section 5123.011 of the	60944
Revised Code.	60945

"Developmental disability" means a severe, chronic disability	60946
that is characterized by all of the following:	60947

(1) It is attributable to a mental or physical impairment or	60948
a combination of mental and physical impairments, other than a	60949
mental or physical impairment solely caused by mental illness as	60950
defined in division (A) of section 5122.01 of the Revised Code;	60951

(2) It is manifested before age twenty-two;

60952

(3) It is likely to continue indefinitely;

60953

(4) It results in one of the following:

60954

(a) In the case of a person under age three, at least one	60955
developmental delay or an established risk;	60956

(b) In the case of a person at least age three but under age	60957
six, at least two developmental delays or an established risk;	60958

(c) In the case of a person age six or older, a substantial	60959
functional limitation in at least three of the following areas of	60960
major life activity, as appropriate for the person's age:	60961
self-care, receptive and expressive language, learning, mobility,	60962
self-direction, capacity for independent living, and, if the	60963
person is at least age sixteen, capacity for economic	60964
self-sufficiency.	60965

(5) It causes the person to need a combination and sequence	60966
of special, interdisciplinary, or other type of care, treatment,	60967
or provision of services for an extended period of time that is	60968
individually planned and coordinated for the person.	60969

(E) "Early childhood services" means a planned program of	60970
habilitation designed to meet the needs of individuals with mental	60971
retardation or other developmental disabilities who have not	60972
attained compulsory school age.	60973

(F)(1) "Environmental modifications" means the physical	60974
adaptations to an individual's home, specified in the individual's	60975
service plan, that are necessary to ensure the individual's	60976
health, safety, and welfare or that enable the individual to	60977
function with greater independence in the home, and without which	60978
the individual would require institutionalization.	60979

(2) "Environmental modifications" includes such adaptations	60980
as installation of ramps and grab-bars, widening of doorways,	60981
modification of bathroom facilities, and installation of	60982
specialized electric and plumbing systems necessary to accommodate	60983
the individual's medical equipment and supplies.	60984

(3) "Environmental modifications" does not include physical	60985
adaptations or improvements to the home that are of general	60986
utility or not of direct medical or remedial benefit to the	60987
individual, including such adaptations or improvements as	60988
carpeting, roof repair, and central air conditioning.	60989

(G) "Family support services" means the services provided	60990
under a family support services program operated under section	60991
5126.11 of the Revised Code.	60992

(H) "Habilitation" means the process by which the staff of	60993
the facility or agency assists an individual with mental	60994
retardation or other developmental disability in acquiring and	60995
maintaining those life skills that enable the individual to cope	60996
more effectively with the demands of the individual's own person	60997
and environment, and in raising the level of the individual's	60998
personal, physical, mental, social, and vocational efficiency.	60999
Habilitation includes, but is not limited to, programs of formal,	61000
structured education and training.	61001

(I) "Habilitation center services" means services provided by	61002
a habilitation center certified by the department of mental	61003
retardation and developmental disabilities under section 5123.041	61004
of the Revised Code and covered by the medicaid program pursuant	61005
to rules adopted under section 5111.041 of the Revised Code.	61006

(J) "Home and community-based services" means medicaid-funded	61007
home and community-based services provided under athe medicaid	61008
componentcomponents the department of mental retardation and	61009
developmental disabilities administers pursuant to section	61010
5111.871 of the Revised Code.	61011

(K) "Medicaid" has the same meaning as in section 5111.01 of	61012
the Revised Code.	61013

(L) "Medicaid case management services" means case management	61014
services provided to an individual with mental retardation or	61015
other developmental disability that the state medicaid plan	61016
requires.	61017

(M) "Mental retardation" means a mental impairment manifested	61018
during the developmental period characterized by significantly	61019
subaverage general intellectual functioning existing concurrently	61020
with deficiencies in the effectiveness or degree with which an	61021
individual meets the standards of personal independence and social	61022
responsibility expected of the individual's age and cultural	61023
group.	61024

(N) "Residential services" means services to individuals with	61025
mental retardation or other developmental disabilities to provide	61026
housing, food, clothing, habilitation, staff support, and related	61027
support services necessary for the health, safety, and welfare of	61028
the individuals and the advancement of their quality of life.	61029
"Residential services" includes program management, as described	61030
in section 5126.14 of the Revised Code.	61031

(O) "Resources" means available capital and other assets,	61032
including moneys received from the federal, state, and local	61033
governments, private grants, and donations; appropriately	61034
qualified personnel; and appropriate capital facilities and	61035
equipment.	61036

(P) "Service and support administration" means the duties	61037
performed by a service and support administrator pursuant to	61038
section 5126.15 of the Revised Code.	61039

(Q)(1) "Specialized medical, adaptive, and assistive	61040
equipment, supplies, and supports" means equipment, supplies, and	61041
supports that enable an individual to increase the ability to	61042
perform activities of daily living or to perceive, control, or	61043
communicate within the environment.	61044

(2) "Specialized medical, adaptive, and assistive equipment,	61045
supplies, and supports" includes the following:	61046

(a) Eating utensils, adaptive feeding dishes, plate guards,	61047
mylatex straps, hand splints, reaches, feeder seats, adjustable	61048
pointer sticks, interpreter services, telecommunication devices	61049
for the deaf, computerized communications boards, other	61050
communication devices, support animals, veterinary care for	61051
support animals, adaptive beds, supine boards, prone boards,	61052
wedges, sand bags, sidelayers, bolsters, adaptive electrical	61053
switches, hand-held shower heads, air conditioners, humidifiers,	61054
emergency response systems, folding shopping carts, vehicle lifts,	61055
vehicle hand controls, other adaptations of vehicles for	61056
accessibility, and repair of the equipment received.	61057

(b) Nondisposable items not covered by medicaid that are	61058
intended to assist an individual in activities of daily living or	61059
instrumental activities of daily living.	61060

(R) "Supportive home services" means a range of services to	61061
families of individuals with mental retardation or other	61062
developmental disabilities to develop and maintain increased	61063
acceptance and understanding of such persons, increased ability of	61064
family members to teach the person, better coordination between	61065
school and home, skills in performing specific therapeutic and	61066
management techniques, and ability to cope with specific	61067
situations.	61068

(S)(1) "Supported living" means services provided for as long	61069
as twenty-four hours a day to an individual with mental	61070
retardation or other developmental disability through any public	61071
or private resources, including moneys from the individual, that	61072
enhance the individual's reputation in community life and advance	61073
the individual's quality of life by doing the following:	61074

(a) Providing the support necessary to enable an individual	61075
to live in a residence of the individual's choice, with any number	61076
of individuals who are not disabled, or with not more than three	61077
individuals with mental retardation and developmental disabilities	61078
unless the individuals are related by blood or marriage;	61079

(b) Encouraging the individual's participation in the	61080
community;	61081

(c) Promoting the individual's rights and autonomy;

61082

(d) Assisting the individual in acquiring, retaining, and	61083
improving the skills and competence necessary to live successfully	61084
in the individual's residence.	61085

(2) "Supported living" includes the provision of all of the	61086
following:	61087

(a) Housing, food, clothing, habilitation, staff support,	61088
professional services, and any related support services necessary	61089
to ensure the health, safety, and welfare of the individual	61090
receiving the services;	61091

(b) A combination of life-long or extended-duration	61092
supervision, training, and other services essential to daily	61093
living, including assessment and evaluation and assistance with	61094
the cost of training materials, transportation, fees, and	61095
supplies;	61096

(c) Personal care services and homemaker services;

61097

(d) Household maintenance that does not include modifications	61098
to the physical structure of the residence;	61099

(e) Respite care services;

61100

(f) Program management, as described in section 5126.14 of	61101
the Revised Code.	61102

Sec. 5126.042.  (A) As used in this section:

61103

(1) "Emergency", "emergency" means any situation that creates	61104
for an individual with mental retardation or developmental	61105
disabilities a risk of substantial self-harm or substantial harm	61106
to others if action is not taken within thirty days. An	61107
"emergency" may include one or more of the following situations:	61108

(a)(1) Loss of present residence for any reason, including	61109
legal action;	61110

(b)(2) Loss of present caretaker for any reason, including	61111
serious illness of the caretaker, change in the caretaker's	61112
status, or inability of the caretaker to perform effectively for	61113
the individual;	61114

(c)(3) Abuse, neglect, or exploitation of the individual;

61115

(d)(4) Health and safety conditions that pose a serious risk	61116
to the individual or others of immediate harm or death;	61117

(e)(5) Change in the emotional or physical condition of the	61118
individual that necessitates substantial accommodation that cannot	61119
be reasonably provided by the individual's existing caretaker.	61120

(2) "Medicaid" has the same meaning as in section 5111.01 of	61121
the Revised Code.	61122

(B) If a county board of mental retardation and developmental	61123
disabilities determines that available resources are not	61124
sufficient to meet the needs of all individuals who request	61125
programs and services and may be offered the programs and	61126
services, it shall establish waiting lists for services. The board	61127
may establish priorities for making placements on its waiting	61128
lists according to an individual's emergency status and shall	61129
establish priorities in accordance with divisiondivisions (D) and	61130
(E) of this section.	61131

The individuals who may be placed on a waiting list include	61132
individuals with a need for services on an emergency basis and	61133
individuals who have requested services for which resources are	61134
not available.	61135

Except for an individual who is to receive priority for	61136
services pursuant to division (D)(3) of this section, an	61137
individual who currently receives a service but would like to	61138
change to another service shall not be placed on a waiting list	61139
but shall be placed on a service substitution list. The board	61140
shall work with the individual, service providers, and all	61141
appropriate entities to facilitate the change in service as	61142
expeditiously as possible. The board may establish priorities for	61143
making placements on its service substitution lists according to	61144
an individual's emergency status.	61145

In addition to maintaining waiting lists and service	61146
substitution lists, a board shall maintain a long-term service	61147
planning registry for individuals who wish to record their	61148
intention to request in the future a service they are not	61149
currently receiving. The purpose of the registry is to enable the	61150
board to document requests and to plan appropriately. The board	61151
may not place an individual on the registry who meets the	61152
conditions for receipt of services on an emergency basis.	61153

(C) A county board shall establish a separate waiting list	61154
for each of the following categories of services, and may	61155
establish separate waiting lists within the waiting lists:	61156

(1) Early childhood services;

61157

(2) Educational programs for preschool and school age	61158
children;	61159

(3) Adult services;

61160

(4) Service and support administration;

61161

(5) Residential services and supported living;

61162

(6) Transportation services;

61163

(7) Other services determined necessary and appropriate for	61164
persons with mental retardation or a developmental disability	61165
according to their individual habilitation or service plans;	61166

(8) Family support services provided under section 5126.11 of	61167
the Revised Code.	61168

(D) Except as provided in division (F)(G) of this section, a	61169
county board shall do, as priorities, all of the following in	61170
accordance with the assessment component, approved under section	61171
5123.046 of the Revised Code, of the county board's plan developed	61172
under section 5126.054 of the Revised Code:	61173

(1) For the purpose of obtaining additional federal medicaid	61174
funds for home and community-based services, medicaid case	61175
management services, and habilitation center services, do both of	61176
the following:	61177

(a) Give an individual who is eligible for home and	61178
community-based services and meets both of the following	61179
requirements priority over any other individual on a waiting list	61180
established under division (C) of this section for home and	61181
community-based services that include supported living,	61182
residential services, or family support services:	61183

(i) Is twenty-two years of age or older;

61184

(ii) Receives supported living or family support services.

61185

(b) Give an individual who is eligible for home and	61186
community-based services and meets both of the following	61187
requirements priority over any other individual on a waiting list	61188
established under division (C) of this section for home and	61189
community-based services that include adult services:	61190

(i) Resides in the individual's own home or the home of the	61191
individual's family and will continue to reside in that home after	61192
enrollment in home and community-based services;	61193

(ii) Receives adult services from the county board.

61194

(2) As federal medicaid funds become available pursuant to	61195
division (D)(1) of this section, give an individual who is	61196
eligible for home and community-based services and meets any of	61197
the following requirements priority for such services over any	61198
other individual on a waiting list established under division (C)	61199
of this section:	61200

(a) Does not receive residential services or supported	61201
living, either needs services in the individual's current living	61202
arrangement or will need services in a new living arrangement, and	61203
has a primary caregiver who is sixty years of age or older;	61204

(b) Is less than twenty-two years of age and has at least one	61205
of the following service needs that are unusual in scope or	61206
intensity:	61207

(i) Severe behavior problems for which a behavior support	61208
plan is needed;	61209

(ii) An emotional disorder for which anti-psychotic	61210
medication is needed;	61211

(iii) A medical condition that leaves the individual	61212
dependent on life-support medical technology;	61213

(iv) A condition affecting multiple body systems for which a	61214
combination of specialized medical, psychological, educational, or	61215
habilitation services are needed;	61216

(v) A condition the county board determines to be comparable	61217
in severity to any condition described in division (D)(2)(b)(i) to	61218
(iv) of this section and places the individual at significant risk	61219
of institutionalization.	61220

(c) Is twenty-two years of age or older, does not receive	61221
residential services or supported living, and is determined by the	61222
county board to have intensive needs for home and community-based	61223
services on an in-home or out-of-home basis.	61224

(3) In fiscal years 2002 and 2003, give an individual who is	61225
eligible for home and community-based services, resides in an	61226
intermediate care facility for the mentally retarded or nursing	61227
facility, chooses to move to another setting with the help of home	61228
and community-based services, and has been determined by the	61229
department of mental retardation and developmental disabilities to	61230
be capable of residing in the other setting, priority over any	61231
other individual on a waiting list established under division (C)	61232
of this section for home and community-based services who does not	61233
meet these criteria. The department of mental retardation and	61234
developmental disabilities shall identify the individuals to	61235
receive priority under division (D)(3) of this section, assess the	61236
needs of the individuals, and notify the county boards that are to	61237
provide the individuals priority under division (D)(3) of this	61238
section of the individuals identified by the department and the	61239
individuals' assessed needs.	61240

(E) Except as provided in division (G) of this section and	61241
for a number of years and beginning on a date specified in rules	61242
adopted under division (K) of this section, a county board shall	61243
give an individual who is eligible for home and community-based	61244
services, resides in a nursing facility, and chooses to move to	61245
another setting with the help of home and community-based	61246
services, priority over any other individual on a waiting list	61247
established under division (C) of this section for home and	61248
community-based services who does not meet these criteria.	61249

(F) If two or more individuals on a waiting list established	61250
under division (C) of this section for home and community-based	61251
services have priority for the services pursuant to division	61252
(D)(1) or (2) or (E) of this section, a county board may use,	61253
until December 31, 20032005, criteria specified in rules adopted	61254
under division (J)(K)(2) of this section in determining the order	61255
in which the individuals with priority will be offered the	61256
services. Otherwise, the county board shall offer the home and	61257
community-based services to such individuals in the order they are	61258
placed on the waiting list.	61259

(F)(G)(1) No individual may receive priority for services	61260
pursuant to division (D) or (E) of this section over an individual	61261
placed on a waiting list established under division (C) of this	61262
section on an emergency status.	61263

(2) No more than four hundred individuals in the state may	61264
receive priority for services during the 20022004 and 20032005	61265
biennium pursuant to division (D)(2)(b) of this section.	61266

(3) No more than a total of seventy-five individuals in the	61267
state may receive priority for services during state fiscal years	61268
2002 and 2003 pursuant to division (D)(3) of this section.	61269

(G)(4) No more than forty individuals in the state may	61270
receive priority for services pursuant to division (E) of this	61271
section for each year that priority category is in effect as	61272
specified in rules adopted under division (K) of this section.	61273

(H) Prior to establishing any waiting list under this	61274
section, a county board shall develop and implement a policy for	61275
waiting lists that complies with this section and rules adopted	61276
under division (J)(K) of this section.	61277

Prior to placing an individual on a waiting list, the county	61278
board shall assess the service needs of the individual in	61279
accordance with all applicable state and federal laws. The county	61280
board shall place the individual on the appropriate waiting list	61281
and may place the individual on more than one waiting list. The	61282
county board shall notify the individual of the individual's	61283
placement and position on each waiting list on which the	61284
individual is placed.	61285

At least annually, the county board shall reassess the	61286
service needs of each individual on a waiting list. If it	61287
determines that an individual no longer needs a program or	61288
service, the county board shall remove the individual from the	61289
waiting list. If it determines that an individual needs a program	61290
or service other than the one for which the individual is on the	61291
waiting list, the county board shall provide the program or	61292
service to the individual or place the individual on a waiting	61293
list for the program or service in accordance with the board's	61294
policy for waiting lists.	61295

When a program or service for which there is a waiting list	61296
becomes available, the county board shall reassess the service	61297
needs of the individual next scheduled on the waiting list to	61298
receive that program or service. If the reassessment demonstrates	61299
that the individual continues to need the program or service, the	61300
board shall offer the program or service to the individual. If it	61301
determines that an individual no longer needs a program or	61302
service, the county board shall remove the individual from the	61303
waiting list. If it determines that an individual needs a program	61304
or service other than the one for which the individual is on the	61305
waiting list, the county board shall provide the program or	61306
service to the individual or place the individual on a waiting	61307
list for the program or service in accordance with the board's	61308
policy for waiting lists. The county board shall notify the	61309
individual of the individual's placement and position on the	61310
waiting list on which the individual is placed.	61311

(H)(I) A child subject to a determination made pursuant to	61312
section 121.38 of the Revised Code who requires the home and	61313
community-based services provided through thea medicaid component	61314
that the department of mental retardation and developmental	61315
disabilities administers under section 5111.871 of the Revised	61316
Code shall receive services through that medicaid component. For	61317
all other services, a child subject to a determination made	61318
pursuant to section 121.38 of the Revised Code shall be treated as	61319
an emergency by the county boards and shall not be subject to a	61320
waiting list.	61321

(I)(J) Not later than the fifteenth day of March of each	61322
even-numbered year, each county board shall prepare and submit to	61323
the director of mental retardation and developmental disabilities	61324
its recommendations for the funding of services for individuals	61325
with mental retardation and developmental disabilities and its	61326
proposals for reducing the waiting lists for services.	61327

(J)(K)(1) The department of mental retardation and	61328
developmental disabilities shall adopt rules in accordance with	61329
Chapter 119. of the Revised Code governing waiting lists	61330
established under this section. The rules shall include procedures	61331
to be followed to ensure that the due process rights of	61332
individuals placed on waiting lists are not violated.	61333

(2) As part of the rules adopted under this division, the	61334
department shall adopt, not later than December 31, 2001, rules	61335
establishing criteria a county board may use under division (E)(F)	61336
of this section in determining the order in which individuals with	61337
priority for home and community-based services will be offered the	61338
services. The rules shall also specify conditions under which a	61339
county board, when there is no individual with priority for home	61340
and community-based services pursuant to division (D)(1) or (2) or	61341
(E) of this section available and appropriate for the services,	61342
may offer the services to an individual on a waiting list for the	61343
services but not given such priority for the services. The rules	61344
adopted under division (J)(K)(2) of this section shall cease to	61345
have effect December 31, 20032005.	61346

(K)(3) As part of the rules adopted under this division, the	61347
department shall adopt rules specifying both of the following for	61348
the priority category established under division (E) of this	61349
section:	61350

(a) The number of years, which shall not exceed five, that	61351
the priority category will be in effect;	61352

(b) The date that the priority category is to go into effect.

61353

(L) The following shall take precedence over the applicable	61354
provisions of this section:	61355

(1) Medicaid rules and regulations;

61356

(2) Any specific requirements that may be contained within a	61357
medicaid state plan amendment or waiver program that a county	61358
board has authority to administer or with respect to which it has	61359
authority to provide services, programs, or supports.	61360

Sec. 5126.058.  (A) The director of job and family services	61361
shall seek federal financial participation for the administrative	61362
costs for the following that each county board of mental	61363
retardation and developmental disabilities incurs pursuant to its	61364
medicaid local administrative authority under section 5126.055 of	61365
the Revised Code and claims in accordance with rules adopted under	61366
this section:	61367

(1) Home and community-based services;

61368

(2) Habilitation center services;

61369

(3) Service and support administration provided in	61370
conjunction with any of the services listed in divisions (A)(1)	61371
and (2) of this section.	61372

(B) The administrative costs for which the director shall	61373
seek federal financial participation under this section shall	61374
include all of the following:	61375

(1) Business management;

61376

(2) Contract management;

61377

(3) General administration;

61378

(4) Personnel management;

61379

(5) Contract services for legal or representational	61380
activities that are conducted on a county-specific, multi-county,	61381
or statewide basis and provided as part of initiatives to	61382
refinance or reform the medicaid program, to improve the	61383
administration of the medicaid program, or to increase the	61384
services covered by the medicaid program.	61385

(C) Except as provided in division (D) of this section,	61386
federal financial participation obtained pursuant to a claim made	61387
under this section shall be paid to the county board that makes	61388
the claim.	61389

(D) The department of mental retardation and development	61390
disabilities shall collect one per cent of the federal financial	61391
participation obtained pursuant to each claim made under this	61392
section. The amount the department collects under this division	61393
shall be deposited into the ODMR/DD administrative and oversight	61394
fund created under section 5123.0412 of the Revised Code.	61395

(E) The director of job and family services shall adopt rules	61396
in accordance with Chapter 119. of the Revised Code as necessary	61397
for the implementation of this section. The director shall adopt	61398
the rules in consultation with the director of mental retardation	61399
and developmental disabilities. The rules shall be consistent with	61400
federal regulations governing the medicaid program and shall	61401
comply with all of the following:	61402

(1) A county board may not claim more than fifteen per cent	61403
of its administrative costs for home and community-based services	61404
and habilitation center services.	61405

(2) A county board may not claim more than fifty per cent of	61406
its administrative costs for service and support administration	61407
provided in conjunction with any of the services listed in	61408
division (A)(1) or (2) of this section.	61409

(3) A county board shall verify the administrative costs for	61410
which it seeks federal financial participation in accordance with	61411
a time study or actual billing provided for by the rules.	61412

(4) A county board may make a claim for administrative costs	61413
incurred before, on, or after the effective date of this section.	61414

Sec. 5126.11.  (A) As used in this section, "respite care"	61415
means appropriate, short-term, temporary care that is provided to	61416
a mentally retarded or developmentally disabled person to sustain	61417
the family structure or to meet planned or emergency needs of the	61418
family.	61419

(B) Subject to rules adopted by the director of mental	61420
retardation and developmental disabilities, and subject to the	61421
availability of money from state and federal sources, the county	61422
board of mental retardation and developmental disabilities shall	61423
establish a family support services program. Under such a program,	61424
the board shall make payments to an individual with mental	61425
retardation or other developmental disability or the family of an	61426
individual with mental retardation or other developmental	61427
disability who desires to remain in and be supported in the family	61428
home. Payments shall be made for all or part of costs incurred or	61429
estimated to be incurred for services that would promote	61430
self-sufficiency and normalization, prevent or reduce	61431
inappropriate institutional care, and further the unity of the	61432
family by enabling the family to meet the special needs of the	61433
individual and to live as much like other families as possible.	61434
Payments may be made in the form of reimbursement for expenditures	61435
or in the form of vouchers to be used to purchase services.	61436

(C) Payment shall not be made under this section to an	61437
individual or the individual's family if the individual is living	61438
in a residential facility that is providing residential services	61439
under contract with the department of mental retardation and	61440
developmental disabilities or a county board.	61441

(D) Payments may be made for the following services:

61442

(1) Respite care, in or out of the home;

61443

(2) Counseling, supervision, training, and education of the	61444
individual, the individual's caregivers, and members of the	61445
individual's family that aid the family in providing proper care	61446
for the individual, provide for the special needs of the family,	61447
and assist in all aspects of the individual's daily living;	61448

(3) Special diets, purchase or lease of special equipment, or	61449
modifications of the home, if such diets, equipment, or	61450
modifications are necessary to improve or facilitate the care and	61451
living environment of the individual;	61452

(4) Providing support necessary for the individual's	61453
continued skill development, including such services as	61454
development of interventions to cope with unique problems that may	61455
occur within the complexity of the family, enrollment of the	61456
individual in special summer programs, provision of appropriate	61457
leisure activities, and other social skills development	61458
activities;	61459

(5) Any other services that are consistent with the purposes	61460
specified in division (B) of this section and specified in the	61461
individual's service plan.	61462

(E) In order to be eligible for payments under a family	61463
support services program, the individual or the individual's	61464
family must reside in the county served by the county board, and	61465
the individual must be in need of habilitation. Payments shall be	61466
adjusted for income in accordance with the payment schedule	61467
established in rules adopted under this section. Payments shall be	61468
made only after the county board has taken into account all other	61469
available assistance for which the individual or family is	61470
eligible.	61471

(F) Before incurring expenses for a service for which payment	61472
will be sought under a family support services program, the	61473
individual or family shall apply to the county board for a	61474
determination of eligibility and approval of the service. The	61475
service need not be provided in the county served by the county	61476
board. After being determined eligible and receiving approval for	61477
the service, the individual or family may incur expenses for the	61478
service or use the vouchers received from the county board for the	61479
purchase of the service.	61480

If the county board refuses to approve a service, an appeal	61481
may be made in accordance with rules adopted by the department	61482
under this section.	61483

(G) To be reimbursed for expenses incurred for approved	61484
services, the individual or family shall submit to the county	61485
board a statement of the expenses incurred accompanied by any	61486
evidence required by the board. To redeem vouchers used to	61487
purchase approved services, the entity that provided the service	61488
shall submit to the county board evidence that the service was	61489
provided and a statement of the charges. The county board shall	61490
make reimbursements and redeem vouchers no later than forty-five	61491
days after it receives the statements and evidence required by	61492
this division.	61493

(H) A county board shall consider the following objectives in	61494
carrying out a family support services program:	61495

(1) Enabling individuals to return to their families from an	61496
institution under the jurisdiction of the department of mental	61497
retardation and developmental disabilities;	61498

(2) Enabling individuals found to be subject to	61499
institutionalization by court order under section 5123.76 of the	61500
Revised Code to remain with their families with the aid of	61501
payments provided under this section;	61502

(3) Providing services to eligible children and adults	61503
currently residing in the community;	61504

(4) Providing services to individuals with developmental	61505
disabilities who are not receiving other services from the board.	61506

(I) The director shall adopt, and may amend and rescind,	61507
rules for the implementation of family support services programs	61508
by county boards. Such rules shall include the following:	61509

(1) A payment schedule adjusted for income;

61510

(2) A formula for distributing to county boards the money	61511
appropriated for family support services;	61512

(3) Standards for supervision, training, and quality control	61513
in the provision of respite care services;	61514

(4) Eligibility standards and procedures for providing	61515
temporary emergency respite care;	61516

(5) Procedures for hearing and deciding appeals made under	61517
division (F) of this section;	61518

(6) Requirements to be followed by county boards regarding	61519
reports submitted under division (K) of this section.	61520

Rules adopted under divisions (I)(1) and (2) of this section	61521
shall be adopted in accordance with section 111.15 of the Revised	61522
Code. Rules adopted under divisions (I)(3) to (6) of this section	61523
shall be adopted in accordance with Chapter 119. of the Revised	61524
Code.	61525

(J) All individuals certified by the superintendent of the	61526
county board as eligible for temporary emergency respite care in	61527
accordance with rules adopted under this section shall be	61528
considered eligible for temporary emergency respite care for not	61529
more than five days to permit the determination of eligibility for	61530
family support services. The requirements of divisions (E) and (F)	61531
of this section do not apply to temporary emergency respite care.	61532

(K) On the first day of July of each year, theThe department	61533
of mental retardation and developmental disabilities shall	61534
distribute to county boards money appropriated for family support	61535
services in quarterly installments of equal amounts. The	61536
installments shall be made not later than the thirtieth day of	61537
September, the thirty-first day of December, the thirty-first day	61538
of March, and the thirtieth day of June. A county board shall use	61539
no more than seven per cent of the funds for administrative costs.	61540
Each county board shall submit reports to the department on	61541
payments made under this section. The reports shall be submitted	61542
at those times and in the manner specified in rules adopted under	61543
this section.	61544

(L) The county board shall not be required to make payments	61545
for family support services at a level that exceeds available	61546
state and federal funds for such payments.	61547

Sec. 5126.12.  (A) As used in this section:

61548

(1) "Approved school age class" means a class operated by a	61549
county board of mental retardation and developmental disabilities	61550
and funded by the department of education under section 3317.20 of	61551
the Revised Code.	61552

(2) "Approved preschool unit" means a class or unit operated	61553
by a county board of mental retardation and developmental	61554
disabilities and approved by the state board of education under	61555
division (B) of section 3317.05 of the Revised Code.	61556

(3) "Active treatment" means a continuous treatment program,	61557
which includes aggressive, consistent implementation of a program	61558
of specialized and generic training, treatment, health services,	61559
and related services, that is directed toward the acquisition of	61560
behaviors necessary for an individual with mental retardation or	61561
other developmental disability to function with as much	61562
self-determination and independence as possible and toward the	61563
prevention of deceleration, regression, or loss of current optimal	61564
functional status.	61565

(4) "Eligible for active treatment" means that an individual	61566
with mental retardation or other developmental disability resides	61567
in an intermediate care facility for the mentally retarded	61568
certified under Title XIX of the "Social Security Act," 4979	61569
Stat. 620286 (19351965), 42 U.S.C. 3011396, as amended; resides	61570
in a state institution operated by the department of mental	61571
retardation and developmental disabilities; or is enrolled in a	61572
home and community-based services waiver program administered by	61573
the department of mental retardation and developmental	61574
disabilities as part of the medical assistance program established	61575
under section 5111.01 of the Revised Code.	61576

(5) "Community alternative funding system" means the program	61577
under which habilitation center services are reimbursed under the	61578
medicaid program pursuant to section 5111.041 of the Revised Code	61579
and rules adopted under that section.	61580

(6) "Traditional adult services" means vocational and	61581
nonvocational activities conducted within a sheltered workshop or	61582
adult activity center or supportive home services.	61583

(B) Each county board of mental retardation and developmental	61584
disabilities shall certify to the director of mental retardation	61585
and developmental disabilities all of the following:	61586

(1) On or before the fifteenth day of October, the average	61587
daily membership for the first full week of programs and services	61588
during October receiving:	61589

(a) Early childhood services provided pursuant to section	61590
5126.05 of the Revised Code for children who are less than three	61591
years of age on the thirtieth day of September of the academic	61592
year;	61593

(b) Special education for handicapped children in approved	61594
school age classes;	61595

(c) Adult services for persons sixteen years of age and older	61596
operated pursuant to section 5126.05 and division (B) of section	61597
5126.051 of the Revised Code. Separate counts shall be made for	61598
the following:	61599

(i) Persons enrolled in traditional adult services who are	61600
eligible for but not enrolled in active treatment under the	61601
community alternative funding system;	61602

(ii) Persons enrolled in traditional adult services who are	61603
eligible for and enrolled in active treatment under the community	61604
alternative funding system;	61605

(iii) Persons enrolled in traditional adult services but who	61606
are not eligible for active treatment under the community	61607
alternative funding system;	61608

(iv) Persons participating in community employment services.	61609
To be counted as participating in community employment services, a	61610
person must have spent an average of no less than ten hours per	61611
week in that employment during the preceding six months.	61612

(d) Other programs in the county for individuals with mental	61613
retardation and developmental disabilities that have been approved	61614
for payment of subsidy by the department of mental retardation and	61615
developmental disabilities.	61616

The membership in each such program and service in the county	61617
shall be reported on forms prescribed by the department of mental	61618
retardation and developmental disabilities.	61619

The department of mental retardation and developmental	61620
disabilities shall adopt rules defining full-time equivalent	61621
enrollees and for determining the average daily membership	61622
therefrom, except that certification of average daily membership	61623
in approved school age classes shall be in accordance with rules	61624
adopted by the state board of education. The average daily	61625
membership figure shall be determined by dividing the amount	61626
representing the sum of the number of enrollees in each program or	61627
service in the week for which the certification is made by the	61628
number of days the program or service was offered in that week. No	61629
enrollee may be counted in average daily membership for more than	61630
one program or service.	61631

(2) By the fifteenth day of December, the number of children	61632
enrolled in approved preschool units on the first day of December;	61633

(3) On or before the thirtieth day of March, an itemized	61634
report of all income and operating expenditures for the	61635
immediately preceding calendar year, in the format specified by	61636
the department of mental retardation and developmental	61637
disabilities;	61638

(4) By the fifteenth day of February, a report of the total	61639
annual cost per enrollee for operation of programs and services in	61640
the preceding calendar year. The report shall include a grand	61641
total of all programs operated, the cost of the individual	61642
programs, and the sources of funds applied to each program.	61643

(5) That each required certification and report is in	61644
accordance with rules established by the department of mental	61645
retardation and developmental disabilities and the state board of	61646
education for the operation and subsidization of the programs and	61647
services.	61648

(C) To compute payments under this section to the board for	61649
the fiscal year, the department of mental retardation and	61650
developmental disabilities shall use the certification of average	61651
daily membership required by division (B)(1) of this section	61652
exclusive of the average daily membership in any approved school	61653
age class and the number in any approved preschool unit.	61654

(D) The department shall pay each county board for each	61655
fiscal year an amount equal to nine hundred fifty dollars times	61656
the certified number of persons who on the first day of December	61657
of the academic year are under three years of age and are not in	61658
an approved preschool unit. For persons who are at least age	61659
sixteen and are not in an approved school age class, the	61660
department shall pay each county board for each fiscal year the	61661
following amounts:	61662

(1) One thousand dollars times the certified average daily	61663
membership of persons enrolled in traditional adult services who	61664
are eligible for but not enrolled in active treatment under the	61665
community alternative funding system;	61666

(2) One thousand two hundred dollars times the certified	61667
average daily membership of persons enrolled in traditional adult	61668
services who are eligible for and enrolled in active treatment	61669
under the community alternative funding system;	61670

(3) No less than one thousand five hundred dollars times the	61671
certified average daily membership of persons enrolled in	61672
traditional adult services but who are not eligible for active	61673
treatment under the community alternative funding system;	61674

(4) No less than one thousand five hundred dollars times the	61675
certified average daily membership of persons participating in	61676
community employment services.	61677

(E) The department shall distribute this subsidy to county	61678
boards in semiannualquarterly installments of equal amounts. The	61679
installments shall be made not later than the thirtieth day of	61680
September, the thirty-first day of August andDecember, the	61681
thirty-first day of JanuaryMarch, and the thirtieth day of June.	61682

(F) The director of mental retardation and developmental	61683
disabilities shall make efforts to obtain increases in the	61684
subsidies for early childhood services and adult services so that	61685
the amount of the subsidies is equal to at least fifty per cent of	61686
the statewide average cost of those services minus any applicable	61687
federal reimbursements for those services. The director shall	61688
advise the director of budget and management of the need for any	61689
such increases when submitting the biennial appropriations request	61690
for the department.	61691

(G) In determining the reimbursement of a county board for	61692
the provision of service and support administration, family	61693
support services, and other services required or approved by the	61694
director for which children three through twenty-one years of age	61695
are eligible, the department shall include the average daily	61696
membership in approved school age or preschool units. The	61697
department, in accordance with this section and upon receipt and	61698
approval of the certification required by this section and any	61699
other information it requires to enable it to determine a board's	61700
payments, shall pay the agency providing the specialized training	61701
the amounts payable under this section.	61702

Sec. 5126.121.  Each county board of mental retardation and	61703
developmental disabilities may be eligible to receive a subsidy	61704
from the department of mental retardation and developmental	61705
disabilities for the employment of a business manager as provided	61706
in this section. The department shall adopt rules in accordance	61707
with Chapter 119. of the Revised Code specifying standards for the	61708
employment of such a business manager. The rules shall include the	61709
minimum education and experience requirements for the position of	61710
business manager and shall specify requirements for courses in	61711
fiscal and business management that are annually sponsored or	61712
certified by the department and that are applicable to the	61713
position and designed to teach effective business practices. Each	61714
county board of mental retardation and developmental disabilities	61715
that employs a business manager in accordance with the standards	61716
adopted under this section may receive a subsidy from the	61717
department.	61718

The department shall distribute this subsidy to eligible	61719
county boards in quarterly installments of equal amounts. The	61720
installments shall be made not later than the thirtieth day of	61721
September, the thirty-first day of December, the thirty-first day	61722
of March, and the thirtieth day of June.	61723

Sec. 5126.15.  (A) A county board of mental retardation and	61724
developmental disabilities shall provide service and support	61725
administration to each individual three years of age or older who	61726
is eligible for service and support administration if the	61727
individual requests, or a person on the individual's behalf	61728
requests, service and support administration. A board shall	61729
provide service and support administration to each individual	61730
receiving home and community-based services. A board may provide,	61731
in accordance with the service coordination requirements of 34	61732
C.F.R. 303.23, service and support administration to an individual	61733
under three years of age eligible for early intervention services	61734
under 34 C.F.R. part 303. A board may provide service and support	61735
administration to an individual who is not eligible for other	61736
services of the board. Service and support administration shall be	61737
provided in accordance with rules adopted under section 5126.08 of	61738
the Revised Code.	61739

A board may provide service and support administration by	61740
directly employing service and support administrators or by	61741
contracting with entities for the performance of service and	61742
support administration. Individuals employed or under contract as	61743
service and support administrators shall not be in the same	61744
collective bargaining unit as employees who perform duties that	61745
are not administrative.	61746

Individuals employed by a board as service and support	61747
administrators shall not be assigned responsibilities for	61748
implementing other services for individuals and shall not be	61749
employed by or serve in a decision-making or policy-making	61750
capacity for any other entity that provides programs or services	61751
to individuals with mental retardation or developmental	61752
disabilities. An individual employed as a conditional status	61753
service and support administrator shall perform the duties of	61754
service and support administration only under the supervision of a	61755
management employee who is a service and support administration	61756
supervisor or a professional employee who is a service and support	61757
administrator.	61758

(B) The individuals employed by or under contract with a	61759
board to provide service and support administration shall do all	61760
of the following:	61761

(1) Establish an individual's eligibility for the services of	61762
the county board of mental retardation and developmental	61763
disabilities;	61764

(2) Assess individual needs for services;

61765

(3) Develop individual service plans with the active	61766
participation of the individual to be served, other persons	61767
selected by the individual, and, when applicable, the provider	61768
selected by the individual, and recommend the plans for approval	61769
by the department of mental retardation and developmental	61770
disabilities when services included in the plans are funded	61771
through medicaid;	61772

(4) Establish budgets for services based on the individual's	61773
assessed needs and preferred ways of meeting those needs;	61774

(5) Assist individuals in making selections from among the	61775
providers they have chosen;	61776

(6) Ensure that services are effectively coordinated and	61777
provided by appropriate providers;	61778

(7) Establish and implement an ongoing system of monitoring	61779
the implementation of individual service plans to achieve	61780
consistent implementation and the desired outcomes for the	61781
individual;	61782

(8) Perform quality assurance reviews as a distinct function	61783
of service and support administration;	61784

(9) Incorporate the results of quality assurance reviews and	61785
identified trends and patterns of unusual incidents and major	61786
unusual incidents into amendments of an individual's service plan	61787
for the purpose of improving and enhancing the quality and	61788
appropriateness of services rendered to the individual;	61789

(10) Ensure that each individual receiving services has a	61790
designated person who is responsible on a continuing basis for	61791
providing the individual with representation, advocacy, advice,	61792
and assistance related to the day-to-day coordination of services	61793
in accordance with the individual's service plan. The service and	61794
support administrator shall give the individual receiving services	61795
an opportunity to designate the person to provide daily	61796
representation. If the individual declines to make a designation,	61797
the administrator shall make the designation. In either case, the	61798
individual receiving services may change at any time the person	61799
designated to provide daily representation.	61800

(C) Subject to available funds, the department of mental	61801
retardation and developmental disabilities shall pay a county	61802
board an annual subsidy for service and support administration.	61803
The amount of the subsidy shall be equal to the greater of twenty	61804
thousand dollars or two hundred dollars times the board's	61805
certified average daily membership. The payments shall be made in	61806
semiannualquarterly installments of equal amounts, which shall be	61807
made no later than the thirtieth day of September, the	61808
thirty-first day of August andDecember, the thirty-first day of	61809
JanuaryMarch, and the thirtieth day of June. Funds received shall	61810
be used solely for service and support administration.	61811

Sec. 5126.18.  (A) As used in this section:

61812

(1) "County board" means a county board of mental retardation	61813
and developmental disabilities.	61814

(2) Notwithstanding section 5126.01 of the Revised Code,	61815
"adult services" means the following services, as they are	61816
identified on individual information forms submitted by county	61817
boards to the department of mental retardation and developmental	61818
disabilities for the purpose of subsidies paid to county boards	61819
under section 5126.12 of the Revised Code, provided to an	61820
individual with mental retardation or other developmental	61821
disability who is at least twenty-two years of age:	61822

(a) Assessment;

61823

(b) Home service;

61824

(c) Adult program;

61825

(d) Community employment services;

61826

(e) Retirement.

61827

(3) "Adult services enrollment" means a county board's	61828
average daily membership in adult services, exclusive of such	61829
services provided to individuals served solely through service and	61830
support administration provided pursuant to section 5126.15 of the	61831
Revised Code or family support services provided pursuant to	61832
section 5126.11 of the Revised Code.	61833

(4) "Taxable value" means the taxable value of a county board	61834
certified under division (B)(1) of this section.	61835

(5) "Per-mill yield" of a county board means the quotient	61836
obtained by dividing (a) the taxable value of the county board by	61837
(b) one thousand.	61838

(6) "Local adult services cost" means a county board's	61839
expenditures for adult services, excluding all federal and state	61840
reimbursements and subsidy allocations received by such boards and	61841
expended for such services, as certified under section 5126.12 of	61842
the Revised Code.	61843

(7) "Statewide average millage" means one thousand multiplied	61844
by the quotient obtained by dividing (a) the total of the local	61845
adult services costs of all county boards by (b) the total of the	61846
taxable values of all county boards.	61847

(8) "County yield" of a county board means the product	61848
obtained by multiplying (a) the statewide average millage by (b)	61849
the per-mill yield of the county board.	61850

(9) "County yield per enrollee" of a county board means the	61851
quotient obtained by dividing (a) the county yield of the county	61852
board by (b) the adult enrollment of the county board.	61853

(10) "Statewide yield per enrollee" means the quotient	61854
obtained by dividing (a) the sum of the county yields of all	61855
county boards by (b) the sum of the adult enrollments of all	61856
county boards.	61857

(11) "Local tax effort for adult services" of a county board	61858
means one thousand multiplied by the quotient obtained by dividing	61859
(a) the local adult services cost of the county board by (b) the	61860
taxable value of the county board.	61861

(12) "Funding percentage" for a fiscal year means the	61862
percentage that the amount appropriated to the department for the	61863
purpose of making payments under this section in the fiscal year	61864
is of the amount computed under division (C)(3) of this section	61865
for the fiscal year.	61866

(13) "Funding-adjusted required millage" for a fiscal year	61867
means the statewide average millage multiplied by the funding	61868
percentage for that fiscal year.	61869

(B)(1) On the request of the director of mental retardation	61870
and developmental disabilities, the tax commissioner shall provide	61871
to the department of mental retardation and developmental	61872
disabilities information specifying the taxable value of property	61873
on each county's tax list of real and public utility property and	61874
tax list of personal property for the most recent tax year for	61875
which such information is available. The director may request any	61876
other tax information necessary for the purposes of this section.	61877

(2) On the request of the director, each county board shall	61878
report the county board's adult services enrollment and local	61879
adult services cost.	61880

(C) Each year, the department of mental retardation and	61881
developmental disabilities shall compute the following:	61882

(1) For each county board, the amount, if any, by which the	61883
statewide yield per enrollee exceeds the county yield per	61884
enrollee;	61885

(2) For each county board, the amount of any excess computed	61886
under division (C)(1) of this section multiplied by the adult	61887
services enrollment of the county board;	61888

(3) The sum of the amounts computed under division (C)(2) of	61889
this section for all county boards.	61890

(D) From money appropriated for the purpose, the department,	61891
on or before the thirtieth day of September of each year, shall	61892
provide for payment to each county board of the amount computed	61893
for that county board under division (C)(2) of this section,	61894
subject to any reduction or adjustment under division (E), (F), or	61895
(G) of this section. The department shall make the payments in	61896
quarterly installments of equal amounts. The installments shall be	61897
made not later than the thirtieth day of September, thirty-first	61898
day of December, thirty-first day of March, and thirtieth day of	61899
June.	61900

(E) If a county board's local tax effort for adult services	61901
is less than the funding-adjusted required millage, the director	61902
shall reduce the amount of payment otherwise computed under	61903
division (C)(2) of this section so that the amount paid, after the	61904
reduction, is the same percentage of the amount computed under	61905
division (C)(2) of this section as the county board's local tax	61906
effort for adult services is of the funding-adjusted required	61907
millage.	61908

If the director reduces the amount of a county board's	61909
payment under this division, the department, not later than the	61910
fifteenth day of July, shall notify the county board of the	61911
reduction and the amount of the reduction. The notice shall	61912
include a statement that the county board may request to be	61913
exempted from the reduction by filing a request with the director,	61914
in the manner and form prescribed by the director, within	61915
twenty-one days after such notification is issued. The board may	61916
present evidence of its attempt to obtain passage of levies or any	61917
other extenuating circumstances the board considers relevant. If	61918
the county board requests a hearing before the director to present	61919
such evidence, the director shall conduct a hearing on the request	61920
unless the director exempts the board from the reduction on the	61921
basis of the evidence presented in the request filed by the board.	61922
Upon receiving a properly and timely filed request for exemption,	61923
but not later than the thirty-first day of August, the director	61924
shall determine whether the county board shall be exempted from	61925
all or a part of the reduction. The director may exempt the board	61926
from all or part of the reduction if the director finds that the	61927
board has made good faith efforts to obtain passage of tax levies	61928
or that there are extenuating circumstances.	61929

(F) If a payment is reduced under division (E) of this	61930
section and the director does not exempt the county board from the	61931
reduction, the amount of the reduction shall be apportioned among	61932
all county boards entitled to payments under this section for	61933
which payments were not so reduced. The amount apportioned to each	61934
county board shall be proportionate to the amount of the board's	61935
payment as computed under division (C)(2) of this section.	61936

(G) If, for any fiscal year, the amount appropriated to the	61937
department for the purpose of this section is less than the amount	61938
computed under division (C)(3) of this section for the fiscal	61939
year, the department shall adjust the amount of each payment as	61940
computed under divisions (C)(2), (E), and (F) of this section by	61941
multiplying that amount by the funding percentage.	61942

(H) The payments authorized by this section are supplemental	61943
to all other funds that may be received by a county board. A	61944
county board shall use the payments solely to pay the nonfederal	61945
share of medicaid expenditures that division (A) of section	61946
5126.057 of the Revised Code requires the county board to pay.	61947

Sec. 5126.44.  (A) The department of mental retardation and	61948
developmental disabilities, in accordance with Chapter 119. of the	61949
Revised Code, shall adopt rules for making allocations for	61950
counties and distributing to county boards of mental retardation	61951
and developmental disabilities money to be used for planning,	61952
development, contracting for, and providing supported living. The	61953
rules shall provide for an allocation to be made for each county	61954
on an equitable basis, taking into account any factors that	61955
indicate need for supported living for residents of the county.	61956

(B) The department shall annually allocate for each county an	61957
amount determined in accordance with the rules adopted under this	61958
section. Except as provided in division (C) of this section, the	61959
department shall distribute the amount allocated for the county to	61960
each county board. Money shall be distributed to county boards in	61961
twoquarterly installments annually, which shall be paid no later	61962
than the last day of July and the last day of Decemberthirtieth	61963
day of September, the thirty-first day of December, the	61964
thirty-first day of March, and the thirtieth day of June. In the	61965
case of a county that has not adopted a resolution under division	61966
(B) of section 5126.40 of the Revised Code, the department shall	61967
use the money allocated for the county to provide supported living	61968
under section 5123.182 of the Revised Code.	61969

(C) The department shall not distribute money to a county	61970
board for residential services that are being provided by a	61971
provider under contract with the department on the effective date	61972
of this amendment unless the provider and the county board agree	61973
to enter into a contract between the provider and the county board	61974
under which the provider will provide the services as supported	61975
living. If the conversion of a contract occurs under this	61976
division, the provisions of section 5126.451 shall apply as though	61977
the contract was transferred under that section.	61978

(D) Pursuant to section 5126.05 of the Revised Code, the	61979
county board shall annually adopt a separate budget for money	61980
distributed to it under this section. The board shall cause the	61981
money to be deposited in a fund created pursuant to division (F)	61982
of section 5705.09 of the Revised Code which shall be known as the	61983
"community mental retardation and developmental disabilities	61984
residential services and supported living fund." The fund shall	61985
consist of this money and any other money for residential services	61986
or supported living that the board causes to be deposited in the	61987
fund. A county board is not required to use any other money for	61988
residential services or supported living. A county board may	61989
establish a reserve balance account within this fund pursuant to	61990
division (C)(2) of section 5705.28 of the Revised Code.	61991

(E) The department of mental retardation and developmental	61992
disabilities may adopt rules under Chapter 119. of the Revised	61993
Code establishing procedures for an annual reconciliation of state	61994
funds that have been deposited in the reserve balance account. The	61995
rules may provide for the return of state funds to the appropriate	61996
department account when the funds have been unexpended for a	61997
period of two years.	61998

(F) A county board may use up to ten per cent of the amount	61999
distributed to it under this section for the administrative costs	62000
of developing, arranging, and contracting for supported living and	62001
for costs of staff training and support. Annually, each county	62002
board shall report to the department all revenue and expenditures	62003
pertaining to supported living. The report shall be made in	62004
conjunction with the annual report of expenditures submitted	62005
pursuant to section 5126.12 of the Revised Code. The report shall	62006
list the names of the individuals served, the total number of	62007
individuals served on a monthly basis in the preceding calendar	62008
year, the types of services provided, the total cost of the	62009
services, and the sources of revenue used to cover the cost.	62010

Sec. 5139.01.  (A) As used in this chapter:

62011

(1) "Commitment" means the transfer of the physical custody	62012
of a child or youth from the court to the department of youth	62013
services.	62014

(2) "Permanent commitment" means a commitment that vests	62015
legal custody of a child in the department of youth services.	62016

(3) "Legal custody," insofar as it pertains to the status	62017
that is created when a child is permanently committed to the	62018
department of youth services, means a legal status in which the	62019
department has the following rights and responsibilities: the	62020
right to have physical possession of the child; the right and duty	62021
to train, protect, and control the child; the responsibility to	62022
provide the child with food, clothing, shelter, education, and	62023
medical care; and the right to determine where and with whom the	62024
child shall live, subject to the minimum periods of, or periods	62025
of, institutional care prescribed in sections 2152.13 to 2152.18	62026
of the Revised Code; provided, that these rights and	62027
responsibilities are exercised subject to the powers, rights,	62028
duties, and responsibilities of the guardian of the person of the	62029
child, and subject to any residual parental rights and	62030
responsibilities.	62031

(4) Unless the context requires a different meaning,	62032
"institution" means a state facility that is created by the	62033
general assembly and that is under the management and control of	62034
the department of youth services or a private entity with which	62035
the department has contracted for the institutional care and	62036
custody of felony delinquents.	62037

(5) "Full-time care" means care for twenty-four hours a day	62038
for over a period of at least two consecutive weeks.	62039

(6) "Placement" means the conditional release of a child	62040
under the terms and conditions that are specified by the	62041
department of youth services. The department shall retain legal	62042
custody of a child released pursuant to division (C) of section	62043
2152.22 of the Revised Code or division (C) of section 5139.06 of	62044
the Revised Code until the time that it discharges the child or	62045
until the legal custody is terminated as otherwise provided by	62046
law.	62047

(7) "Home placement" means the placement of a child in the	62048
home of the child's parent or parents or in the home of the	62049
guardian of the child's person.	62050

(8) "Discharge" means that the department of youth services'	62051
legal custody of a child is terminated.	62052

(9) "Release" means the termination of a child's stay in an	62053
institution and the subsequent period during which the child	62054
returns to the community under the terms and conditions of	62055
supervised release.	62056

(10) "Delinquent child" has the same meaning as in section	62057
2152.02 of the Revised Code.	62058

(11) "Felony delinquent" means any child who is at least	62059
twelveten years of age but less than eighteen years of age and	62060
who is adjudicated a delinquent child for having committed an act	62061
that if committed by an adult would be a felony. "Felony	62062
delinquent" includes any adult who is between the ages of eighteen	62063
and twenty-one and who is in the legal custody of the department	62064
of youth services for having committed an act that if committed by	62065
an adult would be a felony.	62066

(12) "Juvenile traffic offender" has the same meaning as in	62067
section 2152.02 of the Revised Code.	62068

(13) "Public safety beds" means all of the following:

62069

(a) Felony delinquents who have been committed to the	62070
department of youth services for the commission of an act, other	62071
than a violation of section 2911.01 or 2911.11 of the Revised	62072
Code, that is a category one offense or a category two offense and	62073
who are in the care and custody of an institution or have been	62074
diverted from care and custody in an institution and placed in a	62075
community corrections facility;	62076

(b) Felony delinquents who, while committed to the department	62077
of youth services and in the care and custody of an institution or	62078
a community corrections facility, are adjudicated delinquent	62079
children for having committed in that institution or community	62080
corrections facility an act that if committed by an adult would be	62081
a misdemeanor or a felony;	62082

(c) Children who satisfy all of the following:

62083

(i) They are at least twelveten years of age but less than	62084
eighteen years of age.	62085

(ii) They are adjudicated delinquent children for having	62086
committed acts that if committed by an adult would be a felony.	62087

(iii) They are committed to the department of youth services	62088
by the juvenile court of a county that has had one-tenth of one	62089
per cent or less of the statewide adjudications for felony	62090
delinquents as averaged for the past four fiscal years.	62091

(iv) They are in the care and custody of an institution or a	62092
community corrections facility.	62093

(d) Felony delinquents who, while committed to the department	62094
of youth services and in the care and custody of an institution,	62095
commit in that institution an act that if committed by an adult	62096
would be a felony, who are serving disciplinary time for having	62097
committed thatan act described in division (A)(19)(a), (b), or	62098
(c) of this section, and who have been institutionalized or	62099
institutionalized in a secure facility for the minimum period of	62100
time specified in divisions (A)(1)(b) to (e) of section 2152.16 of	62101
the Revised Code.	62102

(e) Felony delinquents who are subject to and serving a	62103
three-year period of commitment order imposed by a juvenile court	62104
pursuant to divisions (A) and (B) of section 2152.17 of the	62105
Revised Code for an act, other than a violation of section 2911.11	62106
of the Revised Code, that would be a category one offense or	62107
category two offense if committed by an adult.	62108

(f) Felony delinquents who are described in divisions	62109
(A)(13)(a) to (e) of this section, who have been granted a	62110
judicial release to court supervision under division (B) of	62111
section 2152.22 of the Revised Code or a judicial release to the	62112
department of youth services supervision under division (C) of	62113
that section from the commitment to the department of youth	62114
services for the act described in divisions (A)(13)(a) to (e) of	62115
this section, who have violated the terms and conditions of that	62116
release, and who, pursuant to an order of the court of the county	62117
in which the particular felony delinquent was placed on release	62118
that is issued pursuant to division (D) of section 2152.22 of the	62119
Revised Code, have been returned to the department for	62120
institutionalization or institutionalization in a secure facility.	62121

(g) Felony delinquents who have been committed to the custody	62122
of the department of youth services, who have been granted	62123
supervised release from the commitment pursuant to section 5139.51	62124
of the Revised Code, who have violated the terms and conditions of	62125
that supervised release, and who, pursuant to an order of the	62126
court of the county in which the particular child was placed on	62127
supervised release issued pursuant to division (F) of section	62128
5139.52 of the Revised Code, have had the supervised release	62129
revoked and have been returned to the department for	62130
institutionalization. A felony delinquent described in this	62131
division shall be a public safety bed only for the time during	62132
which the felony delinquent is institutionalized as a result of	62133
the revocation subsequent to the initial thirty-day period of	62134
institutionalization required by division (F) of section 5139.52	62135
of the Revised Code.	62136

(14) "State target youth" means twenty-five per cent of the	62137
projected total number of felony delinquents for each year of a	62138
biennium, factoring in revocations and recommitments.	62139

(15) Unless the context requires a different meaning,	62140
"community corrections facility" means a county or multicounty	62141
rehabilitation center for felony delinquents who have been	62142
committed to the department of youth services and diverted from	62143
care and custody in an institution and placed in the	62144
rehabilitation center pursuant to division (E) of section 5139.36	62145
of the Revised Code.	62146

(16)(15) "Secure facility" means any facility that is	62147
designed and operated to ensure that all of its entrances and	62148
exits are under the exclusive control of its staff and to ensure	62149
that, because of that exclusive control, no child who has been	62150
institutionalized in the facility may leave the facility without	62151
permission or supervision.	62152

(17)(16) "Community residential program" means a program that	62153
satisfies both of the following:	62154

(a) It is housed in a building or other structure that has no	62155
associated major restraining construction, including, but not	62156
limited to, a security fence.	62157

(b) It provides twenty-four-hour care, supervision, and	62158
programs for felony delinquents who are in residence.	62159

(18)(17) "Category one offense" and "category two offense"	62160
have the same meanings as in section 2151.26 of the Revised Code.	62161

(19)(18) "Disciplinary time" means additional time that the	62162
department of youth services requires a felony delinquent to serve	62163
in an institution, that delays the person's or felony delinquent's	62164
planned release, and that the department imposes upon the person	62165
or felony delinquent following the conduct of an internal due	62166
process hearing for having committed any of the following acts	62167
while committed to the department and in the care and custody of	62168
an institution:	62169

(a) An act that if committed by an adult would be a felony;

62170

(b) An act that if committed by an adult would be a	62171
misdemeanor;	62172

(c) An act that is not described in division (A)(19)(18)(a)	62173
or (b) of this section and that violates an institutional rule of	62174
conduct of the department.	62175

(20)(19) "Unruly child" has the same meaning as in section	62176
2151.022 of the Revised Code.	62177

(21)(20) "Revocation" means the act of revoking a child's	62178
supervised release for a violation of a term or condition of the	62179
child's supervised release in accordance with section 5139.52 of	62180
the Revised Code.	62181

(22)(21) "Release authority" means the release authority of	62182
the department of youth services that is established by section	62183
5139.50 of the Revised Code.	62184

(23)(22) "Supervised release" means the event of the release	62185
of a child under this chapter from an institution and the period	62186
after that release during which the child is supervised and	62187
assisted by an employee of the department of youth services under	62188
specific terms and conditions for reintegration of the child into	62189
the community.	62190

(24)(23) "Victim" means the person identified in a police	62191
report, complaint, or information as the victim of an act that	62192
would have been a criminal offense if committed by an adult and	62193
that provided the basis for adjudication proceedings resulting in	62194
a child's commitment to the legal custody of the department of	62195
youth services.	62196

(25)(24) "Victim's representative" means a member of the	62197
victim's family or another person whom the victim or another	62198
authorized person designates in writing, pursuant to section	62199
5139.56 of the Revised Code, to represent the victim with respect	62200
to proceedings of the release authority of the department of youth	62201
services and with respect to other matters specified in that	62202
section.	62203

(26)(25) "Member of the victim's family" means a spouse,	62204
child, stepchild, sibling, parent, stepparent, grandparent, other	62205
relative, or legal guardian of a child but does not include a	62206
person charged with, convicted of, or adjudicated a delinquent	62207
child for committing a criminal or delinquent act against the	62208
victim or another criminal or delinquent act arising out of the	62209
same conduct, criminal or delinquent episode, or plan as the	62210
criminal or delinquent act committed against the victim.	62211

(27)(26) "Judicial release to court supervision" means a	62212
release of a child from institutional care or institutional care	62213
in a secure facility that is granted by a court pursuant to	62214
division (B) of section 2152.22 of the Revised Code during the	62215
period specified in that division.	62216

(28)(27) "Judicial release to department of youth services	62217
supervision" means a release of a child from institutional care or	62218
institutional care in a secure facility that is granted by a court	62219
pursuant to division (C) of section 2152.22 of the Revised Code	62220
during the period specified in that division.	62221

(29)(28) "Juvenile justice system" includes all of the	62222
functions of the juvenile courts, the department of youth	62223
services, any public or private agency whose purposes include the	62224
prevention of delinquency or the diversion, adjudication,	62225
detention, or rehabilitation of delinquent children, and any of	62226
the functions of the criminal justice system that are applicable	62227
to children.	62228

(30)(29) "Metropolitan county criminal justice services	62229
agency" means an agency that is established pursuant to division	62230
(A) of section 181.54 of the Revised Code.	62231

(31)(30) "Administrative planning district" means a district	62232
that is established pursuant to division (A) or (B) of section	62233
181.56 of the Revised Code.	62234

(32)(31) "Criminal justice coordinating council" means a	62235
criminal justice services agency that is established pursuant to	62236
division (D) of section 181.56 of the Revised Code.	62237

(33)(32) "Comprehensive plan" means a document that	62238
coordinates, evaluates, and otherwise assists, on an annual or	62239
multi-year basis, all of the functions of the juvenile justice	62240
systems of the state or a specified area of the state, that	62241
conforms to the priorities of the state with respect to juvenile	62242
justice systems, and that conforms with the requirements of all	62243
federal criminal justice acts. These functions include, but are	62244
not limited to, all of the following:	62245

(a) Delinquency;

62246

(b) Identification, detection, apprehension, and detention of	62247
persons charged with delinquent acts;	62248

(c) Assistance to crime victims or witnesses, except that the	62249
comprehensive plan does not include the functions of the attorney	62250
general pursuant to sections 109.91 and 109.92 of the Revised	62251
Code;	62252

(d) Adjudication or diversion of persons charged with	62253
delinquent acts;	62254

(e) Custodial treatment of delinquent children;

62255

(f) Institutional and noninstitutional rehabilitation of	62256
delinquent children.	62257

(B) There is hereby created the department of youth services.	62258
The governor shall appoint the director of the department with the	62259
advice and consent of the senate. The director shall hold office	62260
during the term of the appointing governor but subject to removal	62261
at the pleasure of the governor. Except as otherwise authorized in	62262
section 108.05 of the Revised Code, the director shall devote the	62263
director's entire time to the duties of the director's office and	62264
shall hold no other office or position of trust or profit during	62265
the director's term of office.	62266

The director is the chief executive and administrative	62267
officer of the department and has all the powers of a department	62268
head set forth in Chapter 121. of the Revised Code. The director	62269
may adopt rules for the government of the department, the conduct	62270
of its officers and employees, the performance of its business,	62271
and the custody, use, and preservation of the department's	62272
records, papers, books, documents, and property. The director	62273
shall be an appointing authority within the meaning of Chapter	62274
124. of the Revised Code. Whenever this or any other chapter or	62275
section of the Revised Code imposes a duty on or requires an	62276
action of the department, the duty or action shall be performed by	62277
the director or, upon the director's order, in the name of the	62278
department.	62279

Sec. 5139.04.  The department of youth services shall do all	62280
of the following:	62281

(A) Support service districts through a central	62282
administrative office that shall have as its administrative head a	62283
deputy director who shall be appointed by the director of the	62284
department. When a vacancy occurs in the office of that deputy	62285
director, an assistant deputy director shall act as that deputy	62286
director until the vacancy is filled. The position of deputy	62287
director and assistant deputy director described in this division	62288
shall be in the unclassified civil service of the state.	62289

(B) Receive custody of all children committed to it under	62290
Chapter 2152. of the Revised Code, cause a study to be made of	62291
those children, and issue any orders, as it considers best suited	62292
to the needs of any of those children and the interest of the	62293
public, for the treatment of each of those children;	62294

(C) Obtain personnel necessary for the performance of its	62295
duties;	62296

(D) Train or provide for training of probation and youth	62297
correction workers;	62298

(E) Adopt rules that regulate its organization and operation,	62299
that implement sections 5139.34 and 5139.41 to 5139.455139.43 of	62300
the Revised Code, and that pertain to the administration of other	62301
sections of this chapter;	62302

(F)(E) Submit reports of its operations to the governor and	62303
the general assembly by the thirty-first day of January of each	62304
odd-numbered year;	62305

(G)(F) Conduct a program of research in diagnosis, training,	62306
and treatment of delinquent children to evaluate the effectiveness	62307
of the department's services and to develop more adequate methods;	62308

(H) Receive reports from the juvenile courts under division	62309
(C)(3)(b) of section 5139.43 of the Revised Code and prepare an	62310
annual report of state juvenile court statistics and information	62311
based upon those reports. The department shall make available a	62312
copy of the annual report to the governor and members of the	62313
general assembly upon request.	62314

(I)(G) Develop a standard form for the disposition	62315
investigation report that a juvenile court is required pursuant to	62316
section 2152.18 of the Revised Code to complete and provide to the	62317
department when the court commits a child to the legal custody of	62318
the department;	62319

(J)(H) Do all other acts necessary or desirable to carry out	62320
this chapter.	62321

Sec. 5139.33.  (A) The department of youth services shall	62322
make grants in accordance with this section to encourage counties	62323
to use community-based programs and services for juveniles who are	62324
adjudicated delinquent children for the commission of acts that	62325
would be felonies if committed by an adult.	62326

(B) Each county seeking a grant under this section shall file	62327
an application with the department of youth services. The	62328
application shall be filed at the time and in accordance with	62329
procedures established by the department in rules adopted under	62330
this section. Each application shall be accompanied by a plan	62331
designed to reduce the county's commitment percentage, or to	62332
enable it to maintain or attain a commitment percentage that is	62333
equal to or below the statewide average commitment percentage. A	62334
county's commitment percentage is the percentage determined by	62335
dividing the number of juveniles the county committed to the	62336
department during the year by the number of juveniles who were	62337
eligible to be committed. The statewide average commitment	62338
percentage is the percentage determined by dividing the number of	62339
juveniles in the state committed to the department during the year	62340
by the number of juveniles who were eligible to be committed.	62341
These percentages shall be determined by the department using the	62342
most reliable data available to it.	62343

Each plan shall include a method of ensuring equal access for	62344
minority youth to the programs and services for which the grant	62345
will be used.	62346

The department shall review each application and plan to	62347
ensure that the requirements of this division are satisfied. Any	62348
county applying for a grant under this section that received a	62349
grant under this section during the preceding year and that failed	62350
to meet its commitment goals for that year shall make the changes	62351
in its plan that the department requires in order to continue to	62352
be eligible for grants under this section.	62353

(C) Subject to division (E) of this section, the amounts	62354
appropriated for the purpose of making grants under this section	62355
shall be distributed annually on a per capita basis among the	62356
counties that have complied with division (B) of this section.	62357

(D) The department shall adopt rules to implement this	62358
section. The rules shall include, but are not limited to,	62359
procedures and schedules for submitting applications and plans	62360
under this section, including procedures allowing joint-county	62361
applications and plans; and procedures for monitoring and	62362
evaluating the effectiveness of the programs and services financed	62363
with grant money, the enhancement of the use of local facilities	62364
and services, and the adequacy of the supervision and treatment	62365
provided to juveniles by those programs and services.	62366

(E)(1) Three months prior to the implementation of the felony	62367
delinquent care and custody program described in section 5139.43	62368
of the Revised Code, each county that is entitled to a grant under	62369
this section shall receive its grant money for the fiscal year or	62370
the remainder of its grant money for the fiscal year, other than	62371
any grant money to which it is entitled and that is set aside by	62372
the department of youth services for purposes of division (E)(2)	62373
of this section. The grant money so distributed shall be paid in a	62374
lump sum.	62375

(2) During the first twelve months that the felony delinquent	62376
care and custody program described in section 5139.43 of the	62377
Revised Code is implemented in a county, any grant or the	62378
remainder of any grant to which a county is entitled and that is	62379
payable from the appropriation made to the department of youth	62380
services for community sanctions shall be distributed as follows:	62381

(a) In the first quarter of the twelve-month period, the	62382
county shall receive one hundred per cent of the quarterly	62383
distribution.	62384

(b) In the second quarter of the twelve-month period, the	62385
county shall receive seventy-five per cent of the quarterly	62386
distribution.	62387

(c) In the third quarter of the twelve-month period, the	62388
county shall receive fifty per cent of the quarterly distribution.	62389

(d) In the fourth quarter of the twelve-month period, the	62390
county shall receive twenty-five per cent of the quarterly	62391
distribution.	62392

(3) Grant moneys received pursuant to divisions (E)(1) and	62393
(2) of this section shall be transmitted by the juvenile court of	62394
the recipient county to the county treasurer, shall be deposited	62395
by the county treasurer into the felony delinquent care and	62396
custody fund created pursuant to division (C)(B)(1) of section	62397
5139.43 of the Revised Code, and shall be used by the juvenile	62398
court in accordance with division (C)(B)(2) of that section. The	62399
grant moneys shall be in addition to, and shall not be used to	62400
reduce, any usual annual increase in county funding that the	62401
juvenile court is eligible to receive or the current level of	62402
county funding of the juvenile court and of any programs or	62403
services for delinquent children, unruly children, or juvenile	62404
traffic offenders.	62405

(4) One year after the commencement of its operation of the	62406
felony delinquent care and custody program described in section	62407
5139.43 of the Revised Code, the department shall not make any	62408
further grants under this section.	62409

Sec. 5139.34.  (A) Funds may be appropriated to the	62410
department of youth services for the purpose of granting state	62411
subsidies to counties. A county or the juvenile court that serves	62412
a county shall use state subsidies granted to the county pursuant	62413
to this section only in accordance with divisions (C)(B)(2)(a) and	62414
(3)(a) of section 5139.43 of the Revised Code and the rules	62415
pertaining to the state subsidy funds that the department adopts	62416
pursuant to division (E)(D) of section 5139.04 of the Revised	62417
Code. The department shall not grant financial assistance pursuant	62418
to this section for the provision of care and services for	62419
children in a foster careplacement facility unless the facility	62420
has been certified, licensed, or approved by a state or national	62421
agency with certification, licensure, or approval authority,	62422
including, but not limited to, the department of job and family	62423
services, department of education, department of mental health, or	62424
department of mental retardation and developmental disabilities,	62425
or American Correctional Association. For the purposes of this	62426
section, foster careplacement facilities do not include a state	62427
institution or a county or district children's home.	62428

The department also shall not grant financial assistance	62429
pursuant to this section for the provision of care and services	62430
for children, including, but not limited to, care and services in	62431
a detention facility, in another facility, or in out-of-home	62432
placement, unless the minimum standards applicable to the care and	62433
services that the department prescribes in rules adopted pursuant	62434
to division (E)(D) of section 5139.04 of the Revised Code have	62435
been satisfied.	62436

(B) The department of youth services shall apply the	62437
following formula to determine the amount of the annual grant that	62438
each county is to receive pursuant to division (A) of this	62439
section, subject to the appropriation for this purpose to the	62440
department made by the general assembly:	62441

(1) Each county shall receive a basic annual grant of fifty	62442
thousand dollars.	62443

(2) The sum of the basic annual grants provided under	62444
division (B)(1) of this section shall be subtracted from the total	62445
amount of funds appropriated to the department of youth services	62446
for the purpose of making grants pursuant to division (A) of this	62447
section to determine the remaining portion of the funds	62448
appropriated. The remaining portion of the funds appropriated	62449
shall be distributed on a per capita basis to each county that has	62450
a population of more than twenty-five thousand for that portion of	62451
the population of the county that exceeds twenty-five thousand.	62452

(C)(1) Prior to a county's receipt of an annual grant	62453
pursuant to this section, the juvenile court that serves the	62454
county shall prepare, submit, and file in accordance with division	62455
(C)(B)(3)(a) of section 5139.43 of the Revised Code an annual	62456
grant agreement and application for funding that is for the	62457
combined purposes of, and that satisfies the requirements of, this	62458
section and section 5139.43 of the Revised Code. In addition to	62459
the subject matters described in division (C)(B)(3)(a) of section	62460
5139.43 of the Revised Code or in the rules that the department	62461
adopts to implement that division, the annual grant agreement and	62462
application for funding shall address fiscal accountability and	62463
performance matters pertaining to the programs, care, and services	62464
that are specified in the agreement and application and for which	62465
state subsidy funds granted pursuant to this section will be used.	62466

(2) The county treasurer of each county that receives an	62467
annual grant pursuant to this section shall deposit the state	62468
subsidy funds so received into the county's felony delinquent care	62469
and custody fund created pursuant to division (C)(B)(1) of section	62470
5139.43 of the Revised Code. Subject to exceptions prescribed in	62471
section 5139.43 of the Revised Code that may apply to the	62472
disbursement, the department shall disburse the state subsidy	62473
funds to which each county is entitled as follows:	62474

(a) Except as provided in division (C)(2)(b) of this section,	62475
the department shall disburse the state subsidy funds to which a	62476
county is entitled in a lump sum payment that shall be made in	62477
July of each calendar year.	62478

(b) In the case of state subsidy funds to which a county is	62479
entitled for fiscal year 1998, the department shall disburse the	62480
state subsidy funds to the county in two distinct payments in	62481
accordance with this division. The department shall disburse	62482
seventy-five per cent of those state subsidy funds to the county	62483
in July 1997. After the department reviews and reconciles the	62484
applicable reports that the juvenile court of the county is	62485
required to prepare and submit to the department pursuant to	62486
section 5139.43 of the Revised Code, the department shall disburse	62487
to the county in October 1997, the remainder of the state subsidy	62488
funds to which the county is entitled.	62489

(3) Upon an order of the juvenile court that serves a county	62490
and subject to appropriation by the board of county commissioners	62491
of that county, a county treasurer shall disburse from the	62492
county's felony delinquent care and custody fund the state subsidy	62493
funds granted to the county pursuant to this section for use only	62494
in accordance with this section, the applicable provisions of	62495
section 5139.43 of the Revised Code, and the county's approved	62496
annual grant agreement and application for funding.	62497

(4) The moneys in a county's felony delinquent care and	62498
custody fund that represent state subsidy funds granted pursuant	62499
to this section are subject to appropriation by the board of	62500
county commissioners of the county; shall be disbursed by the	62501
county treasurer as required by division (C)(3) of this section;	62502
shall be used in the manners referred to in division (C)(3) of	62503
this section; shall not revert to the county general fund at the	62504
end of any fiscal year; shall carry over in the felony delinquent	62505
care and custody fund from the end of any fiscal year to the next	62506
fiscal year; shall be in addition to, and shall not be used to	62507
reduce, any usual annual increase in county funding that the	62508
juvenile court is eligible to receive or the current level of	62509
county funding of the juvenile court and of any programs, care, or	62510
services for alleged or adjudicated delinquent children, unruly	62511
children, or juvenile traffic offenders or for children who are at	62512
risk of becoming delinquent children, unruly children, or juvenile	62513
traffic offenders; and shall not be used to pay for the care and	62514
custody of felony deliquents who are in the care and custody of an	62515
institution pursuant to a commitment, recommitment, or revocation	62516
of a release on parole by the juvenile court of that county or who	62517
are in the care and custody of a community corrections facility	62518
pursuant to a placement by the department with the consent of the	62519
juvenile court as described in division (E) of section 5139.36 of	62520
the Revised Code.	62521

(5) As a condition of the continued receipt of state subsidy	62522
funds pursuant to this section, each county and the juvenile court	62523
that serves each county that receives an annual grant pursuant to	62524
this section shall comply with divisions (C)(B)(3)(b), (c), and	62525
(d) of section 5139.43 of the Revised Code.	62526

Sec. 5139.36.  (A) In accordance with this section and the	62527
rules adopted under it and from funds appropriated to the	62528
department of youth services for the purposes of this section, the	62529
department shall make grants that provide financial resources to	62530
operate community corrections facilities for felony delinquents.	62531

(B)(1) Each community corrections facility that intends to	62532
seek a grant under this section shall file an application with the	62533
department of youth services at the time and in accordance with	62534
the procedures that the department shall establish by rules	62535
adopted in accordance with Chapter 119. of the Revised Code. In	62536
addition to other items required to be included in the	62537
application, a plan that satisfies both of the following shall be	62538
included:	62539

(a) It reduces the number of felony delinquents committed to	62540
the department from the county or counties associated with the	62541
community corrections facility.	62542

(b) It ensures equal access for minority felony delinquents	62543
to the programs and services for which a potential grant would be	62544
used.	62545

(2) The department of youth services shall review each	62546
application submitted pursuant to division (B)(1) of this section	62547
to determine whether the plan described in that division, the	62548
community corrections facility, and the application comply with	62549
this section and the rules adopted under it.	62550

(C) To be eligible for a grant under this section and for	62551
continued receipt of moneys comprising a grant under this section,	62552
a community corrections facility shall satisfy at least all of the	62553
following requirements:	62554

(1) Be constructed, reconstructed, improved, or financed by	62555
the Ohio building authority pursuant to section 307.021 of the	62556
Revised Code and Chapter 152. of the Revised Code for the use of	62557
the department of youth services and be designated as a community	62558
corrections facility;	62559

(2) Have written standardized criteria governing the types of	62560
felony delinquents that are eligible for the programs and services	62561
provided by the facility;	62562

(3) Have a written standardized intake screening process and	62563
an intake committee that at least performs both of the following	62564
tasks:	62565

(a) Screens all eligible felony delinquents who are being	62566
considered for admission to the facility in lieu of commitment to	62567
the department;	62568

(b) Notifies, within ten days after the date of the referral	62569
of a felony delinquent to the facility, the committing court	62570
whether the felony delinquent will be admitted to the facility.	62571

(4) Comply with all applicable fiscal and program rules that	62572
the department adopts in accordance with Chapter 119. of the	62573
Revised Code and demonstrate that felony delinquents served by the	62574
facility have been or will be diverted from a commitment to the	62575
department.	62576

(D) The department of youth services shall determine the	62577
method of distribution of the funds appropriated for grants under	62578
this section to community corrections facilities.	62579

(E) With the consent of a committing court and of a community	62580
corrections facility that has received a grant under this section,	62581
the department of youth services may place in that facility a	62582
felony delinquent who has been committed to the department. During	62583
the period in which the felony delinquent is in that facility, the	62584
felony delinquent(1) The department of youth services shall adopt	62585
rules in accordance with Chapter 119. of the Revised Code to	62586
establish the minimum occupancy threshold of community corrections	62587
facilities.	62588

(2) The department may make referrals for the placement of	62589
children in its custody to a community corrections facility if the	62590
community corrections facility is not meeting the minimum	62591
occupancy threshold established by the department. At least	62592
forty-five days prior to the referral of a child, the department	62593
shall notify the committing court of its intent to place the child	62594
in a community corrections facility. The court shall have thirty	62595
days after the receipt of the notice to approve or disapprove the	62596
placement. If the court does not respond to the notice of the	62597
placement within that thirty-day period, the department shall	62598
proceed with the placement and debit the county in accordance with	62599
sections 5139.41 to 5139.45 of the Revised Code. A child placed in	62600
a community corrections facility pursuant to this division shall	62601
remain in the legal custody of the department of youth services	62602
during the period in which the child is in the community	62603
corrections facility.	62604

(3) Counties that are not associated with a community	62605
corrections facility may refer children to a community corrections	62606
facility with the consent of the facility. The department of youth	62607
services shall debit the county that makes the referral in	62608
accordance with sections 5139.41 to 5139.45 of the Revised Code.	62609

(F) If the board or other governing body of a community	62610
corrections facility establishes an advisory board, the board or	62611
other governing authority of the community corrections facility	62612
shall reimburse the members of the advisory board for their actual	62613
and necessary expenses incurred in the performance of their	62614
official duties on the advisory board. The members of advisory	62615
boards shall serve without compensation.	62616

Sec. 5139.41. On and after January 1, 1995, theThe	62617
appropriation made to the department of youth services for care	62618
and custody of felony delinquents shall be expended in accordance	62619
with a formulathe following procedure that the department shall	62620
developuse for each year of a biennium. The formulaprocedure	62621
shall be consistent with sections 5139.41 to 5139.455139.43 of	62622
the Revised Code and shall be developed in accordance with the	62623
following guidelines:	62624

(A) The department shall set aside at least three per cent	62625
but not more than five per cent of the appropriation for purposes	62626
of funding the contingency program described in section 5139.45 of	62627
the Revised Code and of use in accordance with that section.	62628

(B)(1) After setting aside the amount described in division	62629
(A) of this section, the department shall set aside twenty-five	62630
per cent of the remainder of the appropriation and use that amount	62631
for the purpose described in division (B)(2) of this section and	62632
to pay certain of the operational costs associated with, and to	62633
provide cash flow for, the following:	62634

(a) Institutions;

62635

(b) The diagnosis, care, or treatment of felony delinquents	62636
at institutions, facilities, or centers pursuant to contracts	62637
entered into under section 5139.08 of the Revised Code;	62638

(c) Community corrections facilities constructed,	62639
reconstructed, improved, or financed as described in section	62640
5139.36 of the Revised Code for the purpose of providing	62641
alternative placement and services for felony delinquents who have	62642
been diverted from care and custody in institutions.	62643

(2) The department may use a portion of the twenty-five per	62644
cent of the remainder of the appropriation set aside pursuant to	62645
division (B)(1) of this section for administrative expenses	62646
incurred by the department in connection with the felony	62647
delinquent care and custody program described in section 5139.43	62648
of the Revised Code and the associated contingency program	62649
described in section 5139.45 of the Revised Code.	62650

(C) After setting aside the amounts described in divisions	62651
(A) and (B)(1) of this section, the department shall set aside the	62652
amount of the appropriation that is equal to twenty-five per cent	62653
of the amount that is calculated by multiplying the per diem cost	62654
for the care and custody of felony delinquents, as determined	62655
pursuant to division (D) of section 5139.42 of the Revised Code,	62656
by the number of bed days that the department projects for	62657
occupancy in community corrections facilities described in	62658
division (B)(1)(c) of this section. The department shall use the	62659
amount of the appropriation that is set aside pursuant to this	62660
division to pay the percentage of the per diem cost for the care	62661
and custody of felony delinquents who are in the care and custody	62662
of community corrections facilities described in division	62663
(B)(1)(c) of this section for which the department is responsible	62664
under sections 5139.41 to 5139.45 of the Revised Code.	62665

(D) After setting aside the amounts described in divisions	62666
(A) to (C) of this section, the department shall set aside the	62667
amount of the appropriation that is necessary to pay seventy-five	62668
per cent of the per diem cost of public safety beds and shall use	62669
that amount for the purpose of paying that per diem cost.	62670

(E) After setting aside the amounts described in divisions	62671
(A) to (D) of this section, the department shall use the remainder	62672
of the appropriation in connection with the felony delinquent care	62673
and custody program described in section 5139.43 of the Revised	62674
Code, except that, for fiscal year 2002 and fiscal year 2003 and	62675
only for those two fiscal years, the total number of beds	62676
available to all counties via public safety beds and county	62677
allocations shall not be less than the total beds used by all the	62678
counties during fiscal year 2000 funded by care and custody	62679
chargebacks (Line Item 401) and as public safety beds.	62680

(F) If the department's appropriation for a fiscal year is	62681
subsequently revised by law or its expenditures ordered to be	62682
reduced by executive order under section 126.05 of the Revised	62683
Code, the department may adjust the amounts described in divisions	62684
(A) to (E) of this section in a manner consistent with the	62685
revision or reduction.The line item appropriation for the care	62686
and custody of felony delinquents shall provide funding for	62687
operational costs for the following:	62688

(1) Institutions and the diagnosis, care, or treatment of	62689
felony delinquents at facilities pursuant to contracts entered	62690
into under section 5139.08 of the Revised Code;	62691

(2) Community corrections facilities constructed,	62692
reconstructed, improved, or financed as described in section	62693
5139.36 of the Revised Code for the purpose of providing	62694
alternative placement and services for felony delinquents who have	62695
been diverted from care and custody in institutions;	62696

(3) County juvenile courts that administer programs and	62697
services for prevention, early intervention, diversion, treatment,	62698
and rehabilitation services and programs that are provided for	62699
alleged or adjudicated unruly or delinquent children or for	62700
children who are at risk of becoming unruly or delinquent	62701
children;	62702

(4) Administrative expenses the department incurs in	62703
connection with the felony delinquent care and custody programs	62704
described in section 5139.43 of the Revised Code.	62705

(B) From the appropriated line item for the care and custody	62706
of felony delinquents, the department, with the advice of the	62707
RECLAIM advisory committee established under section 5139.44 of	62708
the Revised Code, shall allocate annual operational funds for	62709
county juvenile programs, institutional care and custody,	62710
community corrections facilities care and custody, and	62711
administrative expenses incurred by the department associated with	62712
felony delinquent care and custody programs. The department, with	62713
the advice of the RECLAIM advisory committee, shall adjust these	62714
allocations, when modifications to this line item are made by	62715
legislative or executive action.	62716

(C) The department shall divide county juvenile program	62717
allocations among county juvenile courts that administer programs	62718
and services for prevention, early intervention, diversion,	62719
treatment, and rehabilitation that are provided for alleged or	62720
adjudicated unruly or delinquent children or for children who are	62721
at risk of becoming unruly or delinquent children. The department	62722
shall base funding on the county's previous year's ratio of the	62723
department's institutional and community correctional facilities	62724
commitments to that county's four year average of felony	62725
adjudications, divided by statewide ratios of commitments to	62726
felony adjudications, as specified in the following formula:	62727

(1) The department shall give to each county a proportional	62728
allocation of commitment credits. The proportional allocation of	62729
commitment credits shall be calculated by the following	62730
procedures:	62731

(a) The department shall determine for each county and for	62732
the state a four year average of felony adjudications.	62733

(b) The department shall determine for each county and for	62734
the state the number of charged bed days, for both the department	62735
and community correctional facilities, from the previous year.	62736

(c) The department shall divide the statewide total number of	62737
charged bed days by the statewide total number of felony	62738
adjudications, which quotient shall then be multiplied by a factor	62739
determined by the department.	62740

(d) The department shall calculate the county's allocation of	62741
credits by multiplying the number of adjudications for each court	62742
by the result determined pursuant to division (C)(1)(c) of this	62743
section.	62744

(2) The department shall subtract from the allocation	62745
determined pursuant to division (C)(1) of this section a credit	62746
for every chargeable bed day a youth stays in a department	62747
institution and two-thirds of credit for every chargeable bed day	62748
a youth stays in a community correctional facility. At the end of	62749
the year, the department shall divide the amount of remaining	62750
credits of that county's allocation by the total number of	62751
remaining credits to all counties, to determine the county's	62752
percentage, which shall then be applied to the total county	62753
allocation to determine the county's payment for the fiscal year.	62754

(3) The department shall pay counties three times during the	62755
fiscal year to allow for credit reporting and audit adjustments,	62756
and modifications to the appropriated line item for the care and	62757
custody of felony delinquents, as described in this section. The	62758
department shall pay fifty per cent of the payment by the	62759
fifteenth of July of each fiscal year, twenty-five per cent by the	62760
fifteenth of January of that fiscal year, and twenty-five per cent	62761
of the payment by the fifteenth of June of that fiscal year.	62762

(D) In fiscal year 2004, the payment of county juvenile	62763
programs shall be based on the following procedure:	62764

(1) The department shall divide the funding earned by each	62765
court in fiscal year 2003 by the aggregate funding of all courts,	62766
resulting in a percentage.	62767

(2) The department shall apply the percentage determined	62768
under division (D)(1) of this section to the total county juvenile	62769
program allocation for fiscal year 2004 to determine each court's	62770
total payment.	62771

(3) The department shall make payments in accordance with the	62772
schedule established in division (C)(3) of this section.	62773

Sec. 5139.43.  (A) The department of youth services shall	62774
operate a felony delinquent care and custody program with the	62775
remainder of the appropriation described in division (E) of	62776
section 5139.41 of the Revised Code. The programthat shall be	62777
operated in accordance with the formula developed pursuant to	62778
sectionssection 5139.41 and 5139.42 of the Revised Code, subject	62779
to the conditions specified in this section, and in conjunction	62780
with the contingency program described in section 5139.45 of the	62781
Revised Code.	62782

(B)(1) The department of youth services annually shall	62783
allocate to each county a portion of the remainder of the	62784
appropriation described in division (E) of section 5139.41 of the	62785
Revised Code. The portion to be allocated to each county shall be	62786
determined by multiplying the county's percentage determined under	62787
division (E) of section 5139.42 of the Revised Code by the amount	62788
of that remainder. The department shall divide the portion to be	62789
allocated to each county by twelve or, if in a particular fiscal	62790
year the felony delinquent care and custody program is in effect	62791
in a county less than twelve months, by the number of months the	62792
program is in effect in that county to determine the monthly	62793
allocation to that county.	62794

(2)(a) Except as provided in divisions (B)(2)(b) and (E) of	62795
this section, the department shall reduce the monthly allocation	62796
for each fiscal year to each county as determined under division	62797
(B)(1) of this section by both of the following:	62798

(i) Seventy-five per cent of the amount determined by	62799
multiplying the per diem cost for the care and custody of felony	62800
delinquents, as determined pursuant to division (D) of section	62801
5139.42 of the Revised Code, by the number of felony delinquents	62802
who have been adjudicated delinquent children and, except as	62803
otherwise provided in divisions (B)(2)(a) and (3) of this section,	62804
who are in the care and custody of an institution pursuant to a	62805
commitment, recommitment, or revocation of a release by the	62806
juvenile court of that county;	62807

(ii) Fifty per cent of the amount determined by multiplying	62808
the per diem cost for the care and custody of felony delinquents,	62809
as determined pursuant to division (D) of section 5139.42 of the	62810
Revised Code, by the number of felony delinquents who have been	62811
adjudicated delinquent children and, except as otherwise provided	62812
in division (B)(3) of this section, who are in the care and	62813
custody of a community corrections facility pursuant to a	62814
placement by the department with the consent of the juvenile court	62815
of that county as described in division (E) of section 5139.36 of	62816
the Revised Code.	62817

Public safety beds shall not be included in the number of	62818
felony delinquents who have been adjudicated delinquent children	62819
by a juvenile court in making the seventy-five per cent reduction	62820
described in division (B)(2)(a)(i) of this section. The department	62821
shall bear the care and custody costs associated with public	62822
safety beds.	62823

(b) If a county has exhausted its current and future monthly	62824
allocations for the current fiscal year as determined under	62825
division (B)(1) of this section, the department shall bear the	62826
remainder of the amounts calculated under divisions (B)(2)(a)(i)	62827
and (ii) of this section for the care and custody of felony	62828
delinquents who are in the care and custody of an institution	62829
pursuant to a commitment, recommitment, or revocation of a release	62830
or in the care and custody of a community corrections facility by	62831
debiting, in accordance with division (C)(2) of section 5139.45 of	62832
the Revised Code, the amount of the appropriation for care and	62833
custody of felony delinquents that was set aside for the	62834
contingency program pursuant to division (A) of section 5139.41 of	62835
the Revised Code.	62836

(3)(a) Subject to divisions (B)(2)(b) and (4) and (C)(3)(b)	62837
and (c) of this section and subject to the special provisions of	62838
division (B)(3)(b) of this section pertaining to monthly	62839
allocations under divisions (B)(1) and (2)(a) of this section for	62840
the month of June, after the application of division (B)(2)(a) of	62841
this section and on or before the fifteenth day of the following	62842
month, the department shall disburse to the juvenile court of each	62843
county the remainder of the monthly allocation of that county as	62844
determined pursuant to divisions (B)(1) and (2)(a) of this	62845
section.	62846

(b)(i) For the monthly allocation for the month of June of	62847
each fiscal year, the department shall estimate for each county	62848
the number of felony delinquents described in divisions	62849
(B)(2)(a)(i) and (ii) of this section rather than use the actual	62850
number of those felony delinquents, shall use the estimated number	62851
of those felony delinquents in making the seventy-five per cent	62852
and fifty per cent reductions described in those divisions, and	62853
shall encumber the remainder of the estimated monthly allocation	62854
of each county for the month of June, as determined pursuant to	62855
divisions (B)(1), (2)(a), and (3)(b)(i) of this section, for	62856
disbursement in the month of July of the next fiscal year in	62857
accordance with division (B)(3)(b)(ii) of this section. If the	62858
total of the seventy-five per cent and fifty per cent reductions	62859
described in division (B)(2)(a) of this section exceeds the	62860
estimated monthly allocation of a county for the month of June as	62861
so determined, the department may cover the amount of the excess	62862
by debiting, in accordance with division (C)(2) of section 5139.45	62863
of the Revised Code, the amount of the appropriation for care and	62864
custody of felony delinquents that was set aside for the	62865
contingency program pursuant to division (A) of section 5139.41 of	62866
the Revised Code.	62867

(ii) In the month of July of each new fiscal year, the	62868
department shall reconcile for each county the estimated	62869
reductions that occurred pursuant to divisions (B)(2)(a) and	62870
(3)(b)(i) of this section and the reductions that should have	62871
occurred pursuant to division (B)(2)(a) of this section by using	62872
the actual number of felony delinquents described in divisions	62873
(B)(2)(a)(i) and (ii) of this section for the month of June of the	62874
prior fiscal year. After that reconciliation occurs, subject to	62875
divisions (B)(2)(b) and (4) and (C)(3)(b) and (c) of this section,	62876
the department shall disburse to each county the remainder of its	62877
monthly allocation for the month of June of the prior fiscal year	62878
as adjusted pursuant to the reconciliation and division	62879
(B)(3)(b)(ii) of this section.	62880

In connection with the adjustments in the monthly allocations	62881
for the month of June of the prior fiscal year, if the encumbered	62882
monthly allocations of one or more counties for that month exceed	62883
or are less than the monthly allocations for that month to which	62884
those counties are entitled under divisions (B)(1) and (2)(a) of	62885
this section by using the actual number of felony delinquents	62886
described in divisions (B)(2)(a)(i) and (ii) of this section	62887
rather than the estimated number of those felony delinquents, the	62888
department may make the necessary adjustments in the monthly	62889
allocations of those counties for the month of June of the prior	62890
fiscal year within the total of the moneys for monthly allocations	62891
for that month that were encumbered for all of the counties. If	62892
that total amount is insufficient to make the requisite monthly	62893
allocations for that month to all counties in accordance with	62894
divisions (B)(1) and (2)(a) of this section, the department shall	62895
cover the insufficiency by debiting, in accordance with division	62896
(C)(2) of section 5139.45 of the Revised Code, the amount of the	62897
appropriation for care and custody of felony delinquents that was	62898
set aside for the contingency program pursuant to division (A) of	62899
section 5139.41 of the Revised Code.	62900

(4) Notwithstanding the general disbursement requirements of	62901
division (B)(3)(a) and (b)(ii) of this section, if a juvenile	62902
court fails to comply with division (C)(3)(d) of this section and	62903
the department is not able to reconcile fiscal accounting as a	62904
consequence of that failure, the department is not required to	62905
make any disbursement in accordance with division (B)(3)(a) or	62906
(b)(ii) of this section to the juvenile court until it complies	62907
with division (C)(3)(d) of this section.	62908

(C)(1) Each juvenile court shall use the moneys disbursed to	62909
it by the department of youth services pursuant to division (B) of	62910
this section 5139.41 of the Revised Code in accordance with the	62911
applicable provisions of division (C)(B)(2) of this section and	62912
shall transmit the moneys to the county treasurer for deposit in	62913
accordance with this division. The county treasurer shall create	62914
in the county treasury a fund that shall be known as the felony	62915
delinquent care and custody fund and shall deposit in that fund	62916
the moneys disbursed to the juvenile court pursuant to division	62917
(B) of this section 5139.41 of the Revised Code. The county	62918
treasurer also shall deposit into that fund the state subsidy	62919
funds granted to the county pursuant to section 5139.34 of the	62920
Revised Code. The moneys disbursed to the juvenile court pursuant	62921
to division (B) of this section 5139.41 of the Revised Code and	62922
deposited pursuant to this division in the felony delinquent care	62923
and custody fund shall not be commingled with any other county	62924
funds except state subsidy funds granted to the county pursuant to	62925
section 5139.34 of the Revised Code; shall not be used for any	62926
capital construction projects; upon an order of the juvenile court	62927
and subject to appropriation by the board of county commissioners,	62928
shall be disbursed to the juvenile court for use in accordance	62929
with the applicable provisions of division (C)(B)(2) of this	62930
section; shall not revert to the county general fund at the end of	62931
any fiscal year; and shall carry over in the felony delinquent	62932
care and custody fund from the end of any fiscal year to the next	62933
fiscal year. The moneys disbursed to the juvenile court pursuant	62934
to division (B) of this section 5139.41 of the Revised Code and	62935
deposited pursuant to this division in the felony delinquent care	62936
and custody fund shall be in addition to, and shall not be used to	62937
reduce, any usual annual increase in county funding that the	62938
juvenile court is eligible to receive or the current level of	62939
county funding of the juvenile court and of any programs or	62940
services for delinquent children, unruly children, or juvenile	62941
traffic offenders.	62942

(2)(a) A county and the juvenile court that serves the county	62943
shall use the moneys in its felony delinquent care and custody	62944
fund in accordance with rules that the department of youth	62945
services adopts pursuant to division (E)(D) of section 5139.04 of	62946
the Revised Code and as follows:	62947

(i) The moneys in the fund that represent state subsidy funds	62948
granted to the county pursuant to section 5139.34 of the Revised	62949
Code shall be used to aid in the support of prevention, early	62950
intervention, diversion, treatment, and rehabilitation programs	62951
that are provided for alleged or adjudicated unruly children or	62952
delinquent children or for children who are at risk of becoming	62953
unruly children or delinquent children. The county shall not use	62954
for capital improvements more than fifteen per cent of the moneys	62955
in the fund that represent the applicable annual grant of those	62956
state subsidy funds.	62957

(ii) The moneys in the fund that were disbursed to the	62958
juvenile court pursuant to division (B) of this section 5139.41 of	62959
the Revised Code and deposited pursuant to division (C)(B)(1) of	62960
this section in the fund shall be used to provide programs and	62961
services for the training, treatment, or rehabilitation of felony	62962
delinquents that are alternatives to their commitment to the	62963
department, including, but not limited to, community residential	62964
programs, day treatment centers, services within the home, and	62965
electronic monitoring, and shall be used in connection with	62966
training, treatment, rehabilitation, early intervention, or other	62967
programs or services for any delinquent child, unruly child, or	62968
juvenile traffic offender who is under the jurisdiction of the	62969
juvenile court. For purposes of division (C)(2)(a)(ii) of this	62970
section, a delinquent child includes a child who is so adjudicated	62971
for the commission of an act that if committed by an adult would	62972
be a misdemeanor or felony.	62973

If, during the previous state fiscal year, the county did not	62974
exceed in any month its monthly allocation as determined pursuant	62975
to division (B)(1) of this section in connection with felony	62976
delinquents described in divisions (B)(2)(a)(i) and (ii) of this	62977
section, the moneys in the fund that were disbursed to the	62978
juvenile court pursuant to division (B) of this section and	62979
deposited pursuant to division (C)(1) of this section in theThe	62980
fund also may be used for prevention, early intervention,	62981
diversion, treatment, and rehabilitation programs that are	62982
provided for alleged or adjudicated unruly children, delinquent	62983
children, or juvenile traffic offenders or for children who are at	62984
risk of becoming unruly children, delinquent children, or juvenile	62985
traffic offenders. Consistent with division (C)(B)(1) of this	62986
section, a county and the juvenile court of a county shall not use	62987
any of those moneys for capital construction projects.	62988

(iii) The county and the juvenile court that serves the	62989
county may not use moneys in the fund for the provision of care	62990
and services for children, including, but not limited to, care and	62991
services in a detention facility, in another facility, or in	62992
out-of-home placement, unless the minimum standards that apply to	62993
the care and services and that the department prescribes in rules	62994
adopted pursuant to division (E)(D) of section 5139.04 of the	62995
Revised Code have been satisfied.	62996

(b) Each juvenile court shall comply with division	62997
(C)(B)(3)(d) of this section as implemented by the department. If	62998
a juvenile court fails to comply with that division and the	62999
department is not able to reconcile fiscal accounting as a	63000
consequence of the failure, the provisions of division (B)(4) of	63001
this section shall apply.	63002

(3) In accordance with rules adopted by the department	63003
pursuant to division (E)(D) of section 5139.04 of the Revised	63004
Code, each juvenile court and the county served by that juvenile	63005
court shall do all of the following that apply:	63006

(a) The juvenile court shall prepare an annual grant	63007
agreement and application for funding that satisfies the	63008
requirements of this section and section 5139.34 of the Revised	63009
Code and that pertains to the use, upon an order of the juvenile	63010
court and subject to appropriation by the board of county	63011
commissioners, of the moneys in its felony delinquent care and	63012
custody fund for specified programs, care, and services as	63013
described in division (C)(B)(2)(a) of this section, shall submit	63014
that agreement and application to the county family and children	63015
first council, the regional family and children first council, or	63016
the local intersystem services to children cluster as described in	63017
sections 121.37 and 121.38 of the Revised Code, whichever is	63018
applicable, and shall file that agreement and application with the	63019
department for its approval. The annual grant agreement and	63020
application for funding shall include a method of ensuring equal	63021
access for minority youth to the programs, care, and services	63022
specified in it.	63023

The department may approve an annual grant agreement and	63024
application for funding only if the juvenile court involved has	63025
complied with the preparation, submission, and filing requirements	63026
described in division (C)(B)(3)(a) of this section. If the	63027
juvenile court complies with those requirements and the department	63028
approves that agreement and application, the juvenile court and	63029
the county served by the juvenile court may expend the state	63030
subsidy funds granted to the county pursuant to section 5139.34 of	63031
the Revised Code only in accordance with division (C)(B)(2)(a) of	63032
this section, the rules pertaining to state subsidy funds that the	63033
department adopts pursuant to division (E)(D) of section 5139.04	63034
of the Revised Code, and the approved agreement and application.	63035

(b) By the thirty-first day of August of each year, the	63036
juvenile court shall file with the department a report that	63037
contains all of the statistical and other information for each	63038
month of the prior state fiscal year that will permit the	63039
department to prepare the report described in division (D) of this	63040
section and the annual report described in division (H) of section	63041
5139.04 of the Revised Code. If the juvenile court fails to file	63042
the report required by division (C)(B)(3)(b) of this section by	63043
the thirty-first day of August of any year, the department shall	63044
not disburse any payment of state subsidy funds to which the	63045
county otherwise is entitled pursuant to section 5139.34 of the	63046
Revised Code and shall not disburse pursuant to division (B)(3)(a)	63047
or (b)(ii) of this section the remainder of5139.41 of the Revised	63048
Code the applicable monthly allocation of the county until the	63049
juvenile court fully complies with division (C)(B)(3)(b) of this	63050
section.	63051

(c) If the department requires the juvenile court to prepare	63052
monthly statistical reports for use under section 5139.42 of the	63053
Revised Code and to submit the reports on forms provided by the	63054
department, the juvenile court shall file those reports with the	63055
department on the forms so provided. If the juvenile court fails	63056
to prepare and submit those monthly statistical reports within the	63057
department's timelines, the department shall not disburse any	63058
payment of state subsidy funds to which the county otherwise is	63059
entitled pursuant to section 5139.34 of the Revised Code and shall	63060
not disburse pursuant to division (B)(3)(a) or (b)(ii) of this	63061
section the remainder of5139.41 of the Revised Code the	63062
applicable monthly allocation of the county until the juvenile	63063
court fully complies with division (C)(B)(3)(c) of this section.	63064
If the juvenile court fails to prepare and submit those monthly	63065
statistical reports within one hundred eighty days of the date the	63066
department establishes for their submission, the department shall	63067
not disburse any payment of state subsidy funds to which the	63068
county otherwise is entitled pursuant to section 5139.34 of the	63069
Revised Code and shall not disburse pursuant to division (B)(3)(a)	63070
or (b)(ii) of this section the remainder of5139.41 of the Revised	63071
Code the applicable monthly allocation of the county, and the	63072
state subsidy funds and the remainder of the applicable monthly	63073
allocation shall revert to the department. If a juvenile court	63074
states in a monthly statistical report that the juvenile court	63075
adjudicated within a state fiscal year five hundred or more	63076
children to be delinquent children for committing acts that would	63077
be felonies if committed by adults and if the department	63078
determines that the data in the report may be inaccurate, the	63079
juvenile court shall have an independent auditor or other	63080
qualified entity certify the accuracy of the data on a date	63081
determined by the department.	63082

(d) If the department requires the juvenile court and the	63083
county to participate in a fiscal monitoring program or another	63084
monitoring program that is conducted by the department to ensure	63085
compliance by the juvenile court and the county with division	63086
(C)(B) of this section, the juvenile court and the county shall	63087
participate in the program and fully comply with any guidelines	63088
for the performance of audits adopted by the department pursuant	63089
to that program and all requests made by the department pursuant	63090
to that program for information necessary to reconcile fiscal	63091
accounting. If an audit that is performed pursuant to a fiscal	63092
monitoring program or another monitoring program described in this	63093
division determines that the juvenile court or the county used	63094
moneys in the county's felony delinquent care and custody fund for	63095
expenses that are not authorized under division (C)(B) of this	63096
section, within forty-five days after the department notifies the	63097
county of the unauthorized expenditures, the county either shall	63098
repay the amount of the unauthorized expenditures from the county	63099
general revenue fund to the state's general revenue fund or shall	63100
file a written appeal with the department. If an appeal is timely	63101
filed, the director of the department shall render a decision on	63102
the appeal and shall notify the appellant county or its juvenile	63103
court of that decision within forty-five days after the date that	63104
the appeal is filed. If the director denies an appeal, the	63105
county's fiscal agent shall repay the amount of the unauthorized	63106
expenditures from the county general revenue fund to the state's	63107
general revenue fund within thirty days after receiving the	63108
director's notification of the appeal decision. If the county	63109
fails to make the repayment within that thirty-day period and if	63110
the unauthorized expenditures pertain to moneys allocated under	63111
sections 5139.41 to 5139.455139.43 of the Revised Code, the	63112
department shall deduct the amount of the unauthorized	63113
expenditures from the next monthly allocation of those moneys to	63114
the county in accordance with this section or from the allocations	63115
that otherwise would be made under those sections to the county	63116
during the next state fiscal year in accordance with this section	63117
and shall return that deducted amount to the state's general	63118
revenue fund. If the county fails to make the repayment within	63119
that thirty-day period and if the unauthorized expenditures	63120
pertain to moneys granted pursuant to section 5139.34 of the	63121
Revised Code, the department shall deduct the amount of the	63122
unauthorized expenditures from the next annual grant to the county	63123
pursuant to that section and shall return thanthat deducted	63124
amount to the state's general revenue fund.	63125

(D) On or prior to the first day of December of each year,	63126
the department of youth services shall submit to the joint	63127
legislative committee on juvenile corrections overcrowding a	63128
report that pertains to the operation of sections 5139.34 and	63129
5139.41 to 5139.45 of the Revised Code during the immediately	63130
preceding state fiscal year and that includes, but is not limited	63131
to, the following:	63132

(1) A description of the programs, care, and services that	63133
were financed under those sections in each county;	63134

(2) The number of felony delinquents, other delinquent	63135
children, unruly children, and juvenile traffic offenders served	63136
by the programs, care, and services in each county;	63137

(3) The total number of children adjudicated in each juvenile	63138
court as felony delinquents;	63139

(4) The total number of felony delinquents who were committed	63140
by the juvenile court of each county to the department and who	63141
were in the care and custody of an institution or a community	63142
corrections facility;	63143

(5) A breakdown of the felony delinquents described in	63144
division (D)(4) of this section on the basis of the types and	63145
degrees of felonies committed, the ages of the felony delinquents	63146
at the time they committed the felonies, and the sex and race of	63147
the felony delinquents.	63148

(E)(C) The determination of which county a reduction of the	63149
monthly care and custody allocation will be charged against for a	63150
particular youth shall be made as outlined below for all youths	63151
who do not qualify as public safety beds. The determination of	63152
which county a reduction of the monthly care and custody	63153
allocation will be charged against shall be made as follows until	63154
each youth is released:	63155

(1) In the event of a commitment, the reduction shall be	63156
charged against the committing county.	63157

(2) In the event of a recommitment, the reduction shall be	63158
charged against the original committing county until the	63159
expiration of the minimum period of institutionalization under the	63160
original order of commitment or until the date on which the youth	63161
is admitted to the department of youth services pursuant to the	63162
order of recommitment, whichever is later. Reductions of the	63163
monthly allocation shall be charged against the county that	63164
recommitted the youth after the minimum expiration date of the	63165
original commitment.	63166

(3) In the event of a revocation of a release on parole, the	63167
reduction shall be charged against the county that revokes the	63168
youth's parole.	63169

(D) A juvenile court is not precluded by its allocation	63170
amount for the care and custody of felony delinquents from	63171
committing a felony delinquent to the department of youth services	63172
for care and custody in an institution or a community corrections	63173
facility when the juvenile court determines that the commitment is	63174
appropriate.	63175

Sec. 5139.44.  (A)(1) There is hereby created the RECLAIM	63176
advisory committee that shall be composed of the following ten	63177
members:	63178

(a) Two members shall be juvenile court judges appointed by	63179
the Ohio association of juvenile and family court judges.	63180

(b) One member shall be the director of youth services or the	63181
director's designee.	63182

(c) One member shall be the director of budget and management	63183
or the director's designee.	63184

(d) One member shall be the director of the legislative	63185
service commission or the director's designee.	63186

(e) One member shall be a member of a senate committee	63187
dealing with finance or criminal justice issues appointed by the	63188
president of the senate.	63189

(f) One member shall be a member of a committee of the house	63190
of representatives dealing with finance or criminal justice issues	63191
appointed by the speaker of the house of representatives.	63192

(g) One member shall be a member of a board of county	63193
commissioners appointed by the county commissioners association of	63194
Ohio.	63195

(h) Two members shall be juvenile court administrators	63196
appointed by the Ohio association of juvenile and family court	63197
judges.	63198

(2) The members of the committee shall be appointed or	63199
designated within thirty days after the effective date of this	63200
section, and the director of youth services shall be notified of	63201
the names of the members.	63202

(3) Members described in divisions (A)(1)(a), (g), and (h) of	63203
this section shall serve for terms of two years and shall hold	63204
office from the date of the member's appointment until the end of	63205
the term for which the member was appointed. Members described in	63206
divisions (A)(1)(b), (c), and (d) of this section shall serve as	63207
long as they hold the office described in that division. Members	63208
described in divisions (A)(1)(e) and (f) of this section shall	63209
serve for the duration of the session of the general assembly	63210
during which they were appointed, provided they continue to hold	63211
the office described in that division. The members described in	63212
divisions (A)(1)(a), (e), (f), (g), and (h) may be reappointed.	63213
Vacancies shall be filled in the manner provided for original	63214
appointments. Any member appointed to fill a vacancy occurring	63215
prior to the expiration date of the term for which the member's	63216
predecessor was appointed shall hold office as a member for the	63217
remainder of that term. A member shall continue in office	63218
subsequent to the expiration date of the member's term until the	63219
member's successor takes office or until a period of sixty days	63220
has elapsed, whichever occurs first.	63221

(4) Membership on the committee does not constitute the	63222
holding of an incompatible public office or employment in	63223
violation of any statutory or common law prohibition pertaining to	63224
the simultaneous holding of more than one public office or	63225
employment. Members of the committee are not disqualified from	63226
holding by reason of that membership and do not forfeit because of	63227
that membership their public office or employment that qualifies	63228
them for membership on the committee notwithstanding any contrary	63229
disqualification or forfeiture requirement under existing Revised	63230
Code sections.	63231

(B) The director of youth services shall serve as an interim	63232
chair of the RECLAIM advisory committee until the first meeting of	63233
the committee. Upon receipt of the names of the members of the	63234
committee, the director shall schedule the initial meeting of the	63235
committee that shall take place at an appropriate location in	63236
Columbus and occur not later than sixty days after the effective	63237
date of this section. The director shall notify the members of the	63238
committee of the time, date, and place of the meeting. At the	63239
initial meeting, the committee shall organize itself by selecting	63240
from among its members a chair, vice-chair, and secretary. The	63241
committee shall meet at least once each quarter of the calendar	63242
year but may meet more frequently at the call of the chair.	63243

(C) In addition to its functions with respect to the RECLAIM	63244
program described in section 5139.41 of the Revised Code, the	63245
RECLAIM advisory committee periodically shall do all of the	63246
following:	63247

(1) Evaluate the operation of the RECLAIM program by the	63248
department of youth services, evaluate the implementation of the	63249
RECLAIM program by the counties, and evaluate the efficiency of	63250
the formula described in section 5139.41 of the Revised Code. In	63251
conducting these evaluations, the committee shall consider the	63252
public policy that RECLAIM funds are to be expended to provide the	63253
most appropriate programs and services for felony delinquents and	63254
other youthful offenders.	63255

(2) Advise the department of youth services, the office of	63256
budget and management, and the general assembly on the following	63257
changes that the committee believes should be made:	63258

(a) Changes to sections of the Revised Code that pertain to	63259
the RECLAIM program, specifically the formula specified in section	63260
5139.41 of the Revised Code;	63261

(b) Changes in the funding level for the RECLAIM program,	63262
specifically the amounts distributed under the formula for county	63263
allocations, community correctional facilities, and juvenile	63264
correctional facility budgets.	63265

Sec. 5139.87. (A) The department of youth services shall	63266
serve as the state agent for the administration of all federal	63267
juvenile justice grants awarded to the state.	63268

(B) There are hereby created in the state treasury the	63269
federal juvenile justice programs funds. A separate fund shall be	63270
established each federal fiscal year. All federal grants and other	63271
moneys received for federal juvenile programs shall be deposited	63272
into the funds. All receipts deposited into the funds shall be	63273
used for federal juvenile programs. All investment earnings on the	63274
cash balance in a federal juvenile program fund shall be credited	63275
to that fund for the appropriate federal fiscal year.	63276

(C) All rules, orders, and determinations of the office of	63277
criminal justice services regarding the administration of federal	63278
juvenile justice grants that are in effect on the effective date	63279
of this amendment shall continue in effect as rules, orders, and	63280
determinations of the department of youth services.	63281

Sec. 5153.122.  (A) Each caseworker hired by a public	63282
children services agency shall complete at least ninety hours of	63283
in-service training during the first year of the caseworker's	63284
continuous employment, except that the director of the public	63285
children services agency may waive the training requirement for a	63286
school of social work graduate who participated in the university	63287
partnership program described in division (D) of section 5101.141	63288
of the Revised Code. The training shall consist of courses in	63289
recognizing and preventing child abuse and neglect, assessing	63290
risks, interviewing persons, investigating cases, intervening,	63291
providing services to children and their families, and other	63292
topics relevant to child abuse and neglect. After the first year	63293
of continuous employment, each caseworker annually shall complete	63294
thirty-six hours of training in areas relevant to the caseworker's	63295
assigned duties.	63296

(B) Each supervisor hired by a public children services	63297
agency shall complete at least sixty hours of in-service training	63298
during the first year of the supervisor's continuous employment in	63299
that position. After the first year of continuous employment as a	63300
supervisor, the supervisor annually shall complete thirty hours of	63301
training in areas relevant to the supervisor's assigned duties.	63302

Sec. 5153.16.  (A) Except as provided in section 2151.422 of	63303
the Revised Code, in accordance with rules of the department of	63304
job and family services, and on behalf of children in the county	63305
whom the public children services agency considers to be in need	63306
of public care or protective services, the public children	63307
services agency shall do all of the following:	63308

(1) Make an investigation concerning any child alleged to be	63309
an abused, neglected, or dependent child;	63310

(2) Enter into agreements with the parent, guardian, or other	63311
person having legal custody of any child, or with the department	63312
of job and family services, department of mental health,	63313
department of mental retardation and developmental disabilities,	63314
other department, any certified organization within or outside the	63315
county, or any agency or institution outside the state, having	63316
legal custody of any child, with respect to the custody, care, or	63317
placement of any child, or with respect to any matter, in the	63318
interests of the child, provided the permanent custody of a child	63319
shall not be transferred by a parent to the public children	63320
services agency without the consent of the juvenile court;	63321

(3) Accept custody of children committed to the public	63322
children services agency by a court exercising juvenile	63323
jurisdiction;	63324

(4) Provide such care as the public children services agency	63325
considers to be in the best interests of any child adjudicated to	63326
be an abused, neglected, or dependent child the agency finds to be	63327
in need of public care or service;	63328

(5) Provide social services to any unmarried girl adjudicated	63329
to be an abused, neglected, or dependent child who is pregnant	63330
with or has been delivered of a child;	63331

(6) Make available to the bureau for children with medical	63332
handicaps of the department of health at its request any	63333
information concerning a crippled child found to be in need of	63334
treatment under sections 3701.021 to 3701.028 of the Revised Code	63335
who is receiving services from the public children services	63336
agency;	63337

(7) Provide temporary emergency care for any child considered	63338
by the public children services agency to be in need of such care,	63339
without agreement or commitment;	63340

(8) Find certified foster homes, within or outside the	63341
county, for the care of children, including handicapped children	63342
from other counties attending special schools in the county;	63343

(9) Subject to the approval of the board of county	63344
commissioners and the state department of job and family services,	63345
establish and operate a training school or enter into an agreement	63346
with any municipal corporation or other political subdivision of	63347
the county respecting the operation, acquisition, or maintenance	63348
of any children's home, training school, or other institution for	63349
the care of children maintained by such municipal corporation or	63350
political subdivision;	63351

(10) Acquire and operate a county children's home, establish,	63352
maintain, and operate a receiving home for the temporary care of	63353
children, or procure certified foster homes for this purpose;	63354

(11) Enter into an agreement with the trustees of any	63355
district children's home, respecting the operation of the district	63356
children's home in cooperation with the other county boards in the	63357
district;	63358

(12) Cooperate with, make its services available to, and act	63359
as the agent of persons, courts, the department of job and family	63360
services, the department of health, and other organizations within	63361
and outside the state, in matters relating to the welfare of	63362
children, except that the public children services agency shall	63363
not be required to provide supervision of or other services	63364
related to the exercise of parenting time rights granted pursuant	63365
to section 3109.051 or 3109.12 of the Revised Code or	63366
companionship or visitation rights granted pursuant to section	63367
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	63368
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	63369
a common pleas court, pursuant to division (E)(6) of section	63370
3113.31 of the Revised Code, requires the provision of supervision	63371
or other services related to the exercise of the parenting time	63372
rights or companionship or visitation rights;	63373

(13) Make investigations at the request of any superintendent	63374
of schools in the county or the principal of any school concerning	63375
the application of any child adjudicated to be an abused,	63376
neglected, or dependent child for release from school, where such	63377
service is not provided through a school attendance department;	63378

(14) Administer funds provided under Title IV-E of the	63379
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	63380
amended, in accordance with rules adopted under section 5101.141	63381
of the Revised Code;	63382

(15) In addition to administering Title IV-E adoption	63383
assistance funds, enter into agreements to make adoption	63384
assistance payments under section 5153.163 of the Revised Code;	63385

(16) Implement a system of risk assessment, in accordance	63386
with rules adopted by the director of job and family services, to	63387
assist the public children services agency in determining the risk	63388
of abuse or neglect to a child;	63389

(17) Enter into a plan of cooperation with the board of	63390
county commissioners under section 307.983 of the Revised Code and	63391
comply with the partnershipeach fiscal agreement the board enters	63392
into under section 307.98 of the Revised Code that include family	63393
services duties of public children services agencies and contracts	63394
the board enters into under sections 307.981 and 307.982 of the	63395
Revised Code that affect the public children services agency;	63396

(18) Make reasonable efforts to prevent the removal of an	63397
alleged or adjudicated abused, neglected, or dependent child from	63398
the child's home, eliminate the continued removal of the child	63399
from the child's home, or make it possible for the child to return	63400
home safely, except that reasonable efforts of that nature are not	63401
required when a court has made a determination under division	63402
(A)(2) of section 2151.419 of the Revised Code;	63403

(19) Make reasonable efforts to place the child in a timely	63404
manner in accordance with the permanency plan approved under	63405
division (E) of section 2151.417 of the Revised Code and to	63406
complete whatever steps are necessary to finalize the permanent	63407
placement of the child;	63408

(20) Administer a Title IV-A program identified under	63409
division (A)(3)(c) or (d) of section 5101.80 of the Revised Code	63410
that the department of job and family services provides for the	63411
public children services agency to administer under the	63412
department's supervision pursuant to section 5101.801 of the	63413
Revised Code;	63414

(21) Provide independent living services pursuant to sections	63415
2151.81 to 2151.84 of the Revised Code.	63416

(B) The public children services agency shall use the system	63417
implemented pursuant to division (B)(16) of this section in	63418
connection with an investigation undertaken pursuant to division	63419
(F)(1) of section 2151.421 of the Revised Code and may use the	63420
system at any other time the agency is involved with any child	63421
when the agency determines that risk assessment is necessary.	63422

(C) Except as provided in section 2151.422 of the Revised	63423
Code, in accordance with rules of the director of job and family	63424
services, and on behalf of children in the county whom the public	63425
children services agency considers to be in need of public care or	63426
protective services, the public children services agency may do	63427
the following:	63428

(1) Provide or find, with other child serving systems,	63429
specialized foster care for the care of children in a specialized	63430
foster home, as defined in section 5103.02 of the Revised Code,	63431
certified under section 5103.03 of the Revised Code;	63432

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	63433
this section, contract with the following for the purpose of	63434
assisting the agency with its duties:	63435

(i) County departments of job and family services;

63436

(ii) Boards of alcohol, drug addiction, and mental health	63437
services;	63438

(iii) County boards of mental retardation and developmental	63439
disabilities;	63440

(iv) Regional councils of political subdivisions established	63441
under Chapter 167. of the Revised Code;	63442

(v) Private and government providers of services;

63443

(vi) Managed care organizations and prepaid health plans.

63444

(b) A public children services agency contract under division	63445
(C)(2)(a) of this section regarding the agency's duties under	63446
section 2151.421 of the Revised Code may not provide for the	63447
entity under contract with the agency to perform any service not	63448
authorized by the department's rules.	63449

(c) Only a county children services board appointed under	63450
section 5153.03 of the Revised Code that is a public children	63451
services agency may contract under division (C)(2)(a) of this	63452
section. If an entity specified in division (B) or (C) of section	63453
5153.02 of the Revised Code is the public children services agency	63454
for a county, the board of county commissioners may enter into	63455
contracts pursuant to section 307.982 of the Revised Code	63456
regarding the agency's duties.	63457

Sec. 5153.163.  (A) As used in this section, "adoptive	63458
parent" means, as the context requires, a prospective adoptive	63459
parent or an adoptive parent.	63460

(B)(1) IfBefore a child's adoption is finalized, a public	63461
children services agency considers a child with special needs	63462
residing in the county served by the agency to be in need of	63463
public care or protective services and all of the following apply,	63464
the agency shall enter into an agreement with the child's adoptive	63465
parent before the child is adopted under which the agency shall	63466
make state adoption maintenance subsidy payments as needed on	63467
behalf of the child when all of the following apply:	63468

(a) The child is a child with special needs.

63469

(b) The child was placed in the adoptive home by a public	63470
children services agency or a private child placing agency and may	63471
legally be adopted.	63472

(c) The adoptive parent has the capability of providing the	63473
permanent family relationships needed by the child in all areas	63474
except financial need as determined by the agency;.	63475

(b)(d) The needs of the child are beyond the economic	63476
resources of the adoptive parent as determined by the agency;.	63477

(c) The agency determines the acceptance(e) Acceptance of	63478
the child as a member of the adoptive parent's family would not be	63479
in the child's best interest without payments on the child's	63480
behalf under this section.	63481

(2) Payments to an adoptive parent under division (B) of this	63482
section shall include medical, surgical, psychiatric,	63483
psychological, and counseling expenses, and may include	63484
maintenance costs if necessary and other costs incidental to the	63485
care of the child. No payment of maintenance costs shall be made	63486
under division (B) of this section on behalf of a child if either	63487
of the following apply:	63488

(a)(f) The gross income of the adoptive parent's family	63489
exceedsdoes not exceed one hundred twenty per cent of the median	63490
income of a family of the same size, including the child, as most	63491
recently determined for this state by the secretary of health and	63492
human services under Title XX of the "Social Security Act," 88	63493
Stat. 2337, 42 U.S.C.A. 1397, as amended;.	63494

(b)(g) The child is not eligible for adoption assistance	63495
payments for maintenance costs under Title IV-E of the "Social	63496
Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as amended.	63497

(2) State adoption maintenance subsidy payment agreements	63498
must be made by either the public children services agency that	63499
has permanent custody of the child or the public children services	63500
agency of the county in which the private child placing agency	63501
that has permanent custody of the child is located.	63502

(3) State adoption maintenance subsidy payments shall be made	63503
in accordance with the agreement between the public children	63504
services agency and the adoptive parent and are subject to an	63505
annual redetermination of need.	63506

(4) Payments under this division (B) of this section may	63507
begin either before or after issuance of the final adoption	63508
decree, except that payments made before issuance of the final	63509
adoption decree may be made only while the child is living in the	63510
adoptive parent's home. Preadoption payments may be made for not	63511
more than twelve months, unless the final adoption decree is not	63512
issued within that time because of a delay in court proceedings.	63513
Payments that begin before issuance of the final adoption decree	63514
may continue after its issuance.	63515

(C)(1) If, after the child's adoption is finalized, a public	63516
children services agency considers a child residing in the county	63517
served by the agency to be in need of public care or protective	63518
services and both of the following apply, the agency may, and to	63519
the extent state funds are appropriated for this purpose shall,	63520
enter into an agreement with the child's adoptive parent after the	63521
child is adopted under which the agency shall make post adoption	63522
special services subsidy payments on behalf of the child as needed	63523
when both of the following apply:	63524

(1)(a) The child has a physical or developmental handicap or	63525
mental or emotional condition that either:	63526

(a)(i) Existed before the adoption petition was filed; or

63527

(b)(ii) Developed after the adoption petition was filed and	63528
can be directly attributed to factors in the child's preadoption	63529
background, medical history, or biological family's background or	63530
medical history.	63531

(2)(b) The agency determines the expenses necessitated by the	63532
child's handicap or condition are beyond the adoptive parent's	63533
economic resources.	63534

Payments to an adoptive parent(2) Services for which a	63535
public children services agency may make post adoption special	63536
services subsidy payments on behalf of a child under this division	63537
shall include medical, surgical, psychiatric, psychological, and	63538
counseling expensesservices, including residential treatment.	63539

(3) The department of job and family services shall establish	63540
clinical standards to evaluate a child's physical or developmental	63541
handicap or mental or emotional condition and assess the child's	63542
need for services.	63543

(4) The total dollar value of post adoption special services	63544
subsidy payments made on a child's behalf shall not exceed ten	63545
thousand dollars in any fiscal year, unless the department	63546
determines that extraordinary circumstances exist that necessitate	63547
further funding of services for the child. Under such	63548
extraordinary circumstances, the value of the payments made on the	63549
child's behalf shall not exceed fifteen thousand dollars in any	63550
fiscal year.	63551

(5) The adoptive parent or parents of a child who receives	63552
post adoption special services subsidy payments shall pay at least	63553
five per cent of the total cost of all services provided to the	63554
child; except that a public children services agency may waive	63555
this requirement if the gross annual income of the child's	63556
adoptive family is not more than two hundred per cent of the	63557
federal poverty guideline.	63558

(6) A public children services agency may use other sources	63559
of revenue to make post adoption special services subsidy	63560
payments, in addition to any state funds appropriated for that	63561
purpose.	63562

(D) No payment shall be made under division (B) or (C) of	63563
this section on behalf of any person eighteen years of age or	63564
older beyond the end of the school year during which the person	63565
attains the age of eighteen or on behalf of a mentally or	63566
physically handicapped person twenty-one years of age or older.	63567
Payments under those divisions shall be made in accordance with	63568
the terms of the agreement between the public children services	63569
agency and the adoptive parent, subject to an annual	63570
redetermination of need. The agency may use sources of funding in	63571
addition to any state funds appropriated for the purposes of those	63572
divisions.	63573

(E) The director of job and family services shall adopt rules	63574
in accordance with Chapter 119. of the Revised Code that are	63575
needed to implement this section. The rules shall establish all of	63576
the following:	63577

(1) The application process for paymentsall forms of	63578
assistance provided under this section;	63579

(2) The method to determine the amounts and kindsamount of	63580
assistance payable under division (B) of this section;	63581

(3) The definition of "child with special needs" for this	63582
section;	63583

(4) The process whereby a child's continuing need for	63584
services provided under division (B) of this section is annually	63585
redetermined;	63586

(5) The method of determining the amount, duration, and scope	63587
of services provided to a child under division (C) of this	63588
section;	63589

(6) Any other rule, requirement, or procedure the department	63590
considers appropriate for the implementation of this section.	63591

The rules shall allow for payments for children placed by	63592
nonpublic agencies.	63593

(E)(F) The state adoption special services subsidy program	63594
ceases to exist on July 1, 2004, except that, subject to the	63595
findings of the annual redetermination process established under	63596
division (E) of this section and the child's individual need for	63597
services, a public children services agency may continue to	63598
provide state adoption special services subsidy payments on behalf	63599
of a child for whom payments were being made prior to July 1,	63600
2004.	63601

(G) No public children services agency shall, pursuant to	63602
either section 2151.353 or 5103.15 of the Revised Code, place or	63603
maintain a child with special needs who is in the permanent	63604
custody of an institution or association certified by the	63605
department of job and family services under section 5103.03 of the	63606
Revised Code in a setting other than with a person seeking to	63607
adopt the child, unless the agency has determined and redetermined	63608
at intervals of not more than six months the impossibility of	63609
adoption by a person listed pursuant to division (B), (C), or (D)	63610
of section 5103.154 of the Revised Code, including the	63611
impossibility of entering into a payment agreement with such a	63612
person. The agency so maintaining such a child shall report its	63613
reasons for doing so to the department of job and family services.	63614
No agency that fails to so determine, redetermine, and report	63615
shall receive more than fifty per cent of the state funds to which	63616
it would otherwise be eligible for that part of the fiscal year	63617
following placement under section 5101.14 of the Revised Code.	63618

The department may take any action permitted under section	63619
5101.24 of the Revised Code for an agency's failure to determine,	63620
redetermine, and report on a child's status.	63621

Sec. 5153.60. (A) The department of job and family services	63622
shall establish a statewide program that provides theall of the	63623
following:	63624

(1) The training section 5153.122 of the Revised Code	63625
requires public children services agency caseworkers and	63626
supervisors to complete. The program may also provide the;	63627

(2) The preplacement and continuing training described in	63628
sections 5103.034, 5103.039, 5103.0310, and 5103.0311 of the	63629
Revised Code that foster caregivers are required by sections	63630
5103.031, 5103.032, and 5103.033 of the Revised Code to obtain.	63631
The;	63632

(3) The education programs for adoption assessors required by	63633
section 3107.014 of the Revised Code.	63634

(B) The training described in division (A)(1) of this section	63635
shall be conducted in accordance with rules adopted by the	63636
department of job and family services under section 111.15 of the	63637
Revised Code and the training and programs described in divisions	63638
(A)(2) and (3) of this section shall be conducted in accordance	63639
with rules adopted under Chapter 119. of the Revised Code.	63640

(C) The program established pursuant to division (A) of this	63641
section shall be called the "Ohio child welfare training program."	63642

Sec. 5153.69.  The training program steering committee shall	63643
monitor and evaluate the Ohio child welfare training program to	63644
ensure the following:	63645

(A) That the Ohio child welfare training program is a	63646
competency-based training system that satisfies the training	63647
requirements for public children services agency caseworkers and	63648
supervisors under section 5153.122 of the Revised Code;	63649

(B) That, if the Ohio child welfare training program provides	63650
preplacement or continuing training for foster caregivers, itas	63651
required by section 5153.60 of the Revised Code that meets the	63652
same requirements that preplacement training programs and	63653
continuing training programs must meet pursuant to section	63654
5103.038 of the Revised Code to obtain approval by the department	63655
of job and family services, except that the Ohio child welfare	63656
training program is not required to obtain department approval.	63657

Sec. 5153.72.  Prior to the beginning of the fiscal biennium	63658
that first follows the effective date of this sectionOctober 5,	63659
2000, the public children services agencies of Athens, Cuyahoga,	63660
Franklin, Greene, Guernsey, Hamilton, Lucas, and Summit counties	63661
shall each establish and maintain a regional training center. At	63662
any time after the beginning of that biennium, the department of	63663
job and family services, on the recommendation of the training	63664
program steering committee, may direct a public children services	63665
agency to establish and maintain a training center to replace the	63666
center established by an agency under this section. There may be	63667
no more and no less than eight centers in existence at any time.	63668
The department may make a grant to a public children services	63669
agency that establishes and maintains a regional training center	63670
under this section for the purpose of wholly or partially	63671
subsidizing the operation of the center.	63672

Sec. 5153.78.  (A) As used in this section:

63673

(1) "Title IV-B" means Title IV-B of the "Social Security Act	63674
of 1967," 81 Stat. 821, 42 U.S.C. 620, as amended.	63675

(2) "Title IV-E" means Title IV-E of the "Social Security	63676
Act," 94 Stat. 501, 42 U.S.C. 670(1980).	63677

(3) "Title XX" has the same meaning as in section 5101.46 of	63678
the Revised Code.	63679

(B) For purposes of adequately funding the Ohio child welfare	63680
training program, the department of job and family services may	63681
use any of the following:	63682

(1) The federal financial participation funds withheld	63683
pursuant to division (D)(E) of section 5101.141 of the Revised	63684
Code in an amount determined by the department;	63685

(2) Funds available under Title XX, Title IV-B, and Title	63686
IV-E to pay for training costs;	63687

(3) Other available state or federal funds.

63688

Sec. 5301.68.  An owner of land may grant a conservation	63689
easement to the department of natural resources, a park district	63690
created under Chapter 1545. of the Revised Code, a township park	63691
district created under section 511.18 of the Revised Code, a	63692
conservancy district created under Chapter 6101. of the Revised	63693
Code, a soil and water conservation district created under Chapter	63694
1515. of the Revised Code, a county, a township, a municipal	63695
corporation, or a charitable organization that is authorized to	63696
hold conservation easements by division (B) of section 5301.69 of	63697
the Revised Code, in the form of articles of dedication, easement,	63698
covenant, restriction, or condition. An owner of land also may	63699
grant an agricultural easement to the director of agriculture; to	63700
a municipal corporation, county, or township, or soil and water	63701
conservation district; or to a charitable organization described	63702
in division (B) of section 5301.69 of the Revised Code. An owner	63703
of land may grant an agricultural easement only on land that is	63704
valued for purposes of real property taxation at its current value	63705
for agricultural use under section 5713.31 of the Revised Code or	63706
that constitutes a homestead when the easement is granted.	63707

All conservation easements and agricultural easements shall	63708
be executed and recorded in the same manner as other instruments	63709
conveying interests in land.	63710

Sec. 5301.691.  (A)(1) Subject to divisions (A)(2) and (E)(F)	63711
of this section, the director of agriculture, with moneys credited	63712
to the agricultural easement purchase fund created in section	63713
901.21 of the Revised Code, may purchase agricultural easements in	63714
the name of the state.	63715

(2) Not less than thirty days prior to the acquisition of an	63716
agricultural easement under division (A)(1) of this section or the	63717
extinguishment of such an easement purchased under that division,	63718
the director shall provide written notice of the intention to do	63719
so to the board of county commissioners of the county in which the	63720
land that is or is proposed to be subject to the easement or	63721
extinguishment is located, and either to the legislative authority	63722
of the municipal corporation in which the land is located, if it	63723
is located in an incorporated area, or to the board of township	63724
trustees of the township in which the land is located, if it is	63725
located in an unincorporated area. If, within thirty days after	63726
the director provides the notice, the board of county	63727
commissioners, legislative authority, or board of township	63728
trustees requests an informational meeting with the director	63729
regarding the proposed acquisition or extinguishment, the director	63730
shall meet with the legislative authority or board to respond to	63731
the board's or authority's questions and concerns. If a meeting is	63732
timely requested under division (A)(2) of this section, the	63733
director shall not undertake the proposed acquisition or	63734
extinguishment until after the meeting has been concluded.	63735

The director, upon the director's own initiative and prior to	63736
the purchase of an agricultural easement under division (A)(1) of	63737
this section or the extinguishment of such an easement, may hold	63738
an informational meeting with the board of county commissioners	63739
and the legislative authority of the municipal corporation or	63740
board of township trustees in which land that would be affected by	63741
the proposed acquisition or extinguishment is located, to respond	63742
to any questions and concerns of the board or authority regarding	63743
the proposed acquisition or extinguishment.	63744

(B)(1) Subject to division (E)(F) of this section, the	63745
legislative authority of a municipal corporation, board of county	63746
commissioners of a county, or board of trustees of a township,	63747
with moneys in the political subdivision's general fund not	63748
required by law or charter to be used for other specified purposes	63749
or with moneys in a special fund of the political subdivision to	63750
be used for the purchase of agricultural easements, may purchase	63751
agricultural easements in the name of the municipal corporation,	63752
county, or township.	63753

(2) Subject to division (E)(F) of this section, the	63754
legislative authority of a municipal corporation, board of county	63755
commissioners of a county, or board of township trustees of a	63756
township may acquire agricultural easements by gift, devise, or	63757
bequest. Any terms may be included in an agricultural easement so	63758
acquired that are necessary or appropriate to preserve on behalf	63759
of the grantor of the easement the favorable tax consequences of	63760
the gift, devise, or bequest under the "Internal Revenue Act of	63761
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	63762

(C)(1) Subject to division (F) of this section, the board of	63763
supervisors of a soil and water conservation district, with moneys	63764
in any fund not required by law to be used for other specified	63765
purposes or with moneys provided to the board through matching	63766
grants made under section 901.22 of the Revised Code for the	63767
purchase of agricultural easements, may purchase agricultural	63768
easements in the name of the board.	63769

(2) Subject to division (F) of this section, the board of	63770
supervisors of a soil and water conservation district may acquire	63771
agricultural easements by gift, devise, or bequest. Any terms may	63772
be included in an agricultural easement so acquired that are	63773
necessary or appropriate to preserve on behalf of the grantor of	63774
the easement the favorable tax consequences of the gift, devise,	63775
or bequest under the "Internal Revenue Act of 1986," 100 Stat.	63776
2085, 26 U.S.C.A. 1, as amended.	63777

(D)(1) The term of an agricultural easement purchased wholly	63778
or in part with money from the agricultural easement purchase fund	63779
shall be perpetual and shall run with the land.	63780

(2) The term of an agricultural easement purchased by such a	63781
the legislative authority of a municipal corporation, board of	63782
county commissioners of a county, board of township trustees of a	63783
township, or board of supervisors of a soil and water conservation	63784
district without the use of any money from the agricultural	63785
easement purchase fund may be perpetual or for a specified period.	63786
The agricultural easement shall run with the land. The instrument	63787
conveying an agricultural easement for a specified period shall	63788
include provisions specifying, at a minimum, all of the following:	63789

(a) The consideration to be paid for the easement and manner	63790
of payment;	63791

(b) Whether the easement is renewable and, if so, procedures	63792
for its renewal;	63793

(c) The circumstances under which the easement may be	63794
extinguished;	63795

(d) The method for determining the amount of money, if any,	63796
due the holder of the easement upon extinguishment and for payment	63797
of that amount to the holder.	63798

(D)(E)(1) The director and each legislative authority of a	63799
municipal corporation, board of county commissioners, or board of	63800
township trustees, or board of supervisors of a soil and water	63801
conservation district, upon acquiring an agricultural easement by	63802
purchase, gift, devise, or bequest under this section or section	63803
901.21 of the Revised Code, shall name an appropriate	63804
administrative officer, department, or division to supervise and	63805
enforce the easement. A legislative authority orof a municipal	63806
corporation, board of county commissioners, or board of township	63807
trustees may enter into a contract with the board of park	63808
commissioners of a park district established under Chapter 1545.	63809
of the Revised Code, the board of park commissioners of a township	63810
park district established under section 511.18 of the Revised	63811
Code, or the board of supervisors of a soil and water conservation	63812
district established under Chapter 1515. of the Revised Code	63813
having territorial jurisdiction within the municipal corporation,	63814
county, or township, or with a charitable organization described	63815
in division (B) of section 5301.69 of the Revised Code, to	63816
supervise on behalf of the legislative authority or board an	63817
agricultural easement so acquired. A board of supervisors of a	63818
soil and water conservation district may enter into a contract	63819
with the board of park commissioners of a park district	63820
established under Chapter 1545. of the Revised Code or the board	63821
of park commissioners of a township park district established	63822
under section 511.18 of the Revised Code having territorial	63823
jurisdiction within the soil and water conservation district, or	63824
with a charitable organization described in division (B) of	63825
section 5301.69 of the Revised Code, to supervise on behalf of the	63826
board an agricultural easement so acquired. The contract may be	63827
entered into on such terms as are agreeable to the parties and	63828
shall specify or prescribe a method for determining the amounts of	63829
any payments to be made by the legislative authority or, board of	63830
county commissioners or, board of township trustees, or board of	63831
supervisors for the performance of the contract.	63832

(2) With respect to an agricultural easement purchased with a	63833
matching grant that is made under division (D) of section 901.22	63834
of the Revised Code and that consists in whole or in part of	63835
moneys from the clean Ohio agricultural easement fund created in	63836
section 901.21 of the Revised Code, the recipient of the matching	63837
grant shall make an annual monitoring visit to the land that is	63838
the subject of the easement. The purpose of the visit is to ensure	63839
that no development that is prohibited by the terms of the	63840
easement has occurred or is occurring. In accordance with rules	63841
adopted under division (A)(1)(d) of section 901.22 of the Revised	63842
Code, the grant recipient shall prepare a written annual	63843
monitoring report and submit it to the office of farmland	63844
preservation in the department of agriculture. If necessary to	63845
enforce the terms of the easement, the grant recipient shall take	63846
corrective action in accordance with those rules. The director may	63847
agree to share these monitoring and enforcement responsibilities	63848
with the grant recipient.	63849

(E)(F) The director; a municipal corporation, county, or	63850
township, or soil and water conservation district; or a charitable	63851
organization described in division (B) of section 5301.69 of the	63852
Revised Code, may acquire agricultural easements by purchase,	63853
gift, devise, or bequest only on land that is valued for purposes	63854
of real property taxation at its current value for agricultural	63855
use under section 5713.31 of the Revised Code or that constitutes	63856
a homestead when the easement is granted.	63857

(F)(G) An agricultural easement acquired by the director	63858
under division (A) of this section may be extinguished if an	63859
unexpected change in the conditions of or surrounding the land	63860
that is subject to the easement makes impossible or impractical	63861
the continued use of the land for the purposes described in the	63862
agricultural easement, or if the requirements of the easement are	63863
extinguished by judicial proceedings. Upon the sale, exchange, or	63864
involuntary conversion of the land subject to the easement, the	63865
director shall be paid an amount of money that is at least equal	63866
to the proportionate value of the easement compared to the total	63867
value of the land at the time the easement was acquired. Moneys so	63868
received shall be credited to the agricultural easement purchase	63869
fund.	63870

An agricultural easement acquired by a municipal corporation,	63871
county, or township under division (B) of this section or by a	63872
soil and water conservation district under division (C) of this	63873
section may be extinguished under the circumstances prescribed,	63874
and in accordance with the terms and conditions set forth, in the	63875
instrument conveying the agricultural easement. An agricultural	63876
easement acquired by a charitable organization described in	63877
division (B) of section 5301.69 of the Revised Code may be	63878
extinguished under the circumstances prescribed, and in accordance	63879
with the terms and conditions set forth, in the instrument	63880
conveying the agricultural easement.	63881

Any instrument extinguishing an agricultural easement shall	63882
be executed and recorded in the same manner as other instruments	63883
conveying or terminating interests in real property.	63884

(G)(H) Promptly after the recording and indexing of an	63885
instrument conveying an agricultural easement to any person or to	63886
a municipal corporation, county, or township, or soil and water	63887
conservation district or of an instrument extinguishing an	63888
agricultural easement held by any person or such a political	63889
subdivision, the county recorder shall mail, by regular mail, a	63890
photocopy of the instrument to the office of farmland preservation	63891
in the department of agriculture. The photocopy shall be	63892
accompanied by an invoice for the applicable fee established in	63893
section 317.32 of the Revised Code. Promptly after receiving the	63894
photocopy and invoice, the office of farmland preservation shall	63895
remit the fee to the county recorder.	63896

(H)(I) The director, the legislative authority of a municipal	63897
corporation, a board of county commissioners, or a board of	63898
township trustees, or a board of supervisors of a soil and water	63899
conservation district may receive and expend grants from any	63900
public or private source for the purpose of purchasing	63901
agricultural easements and supervising and enforcing them.	63902

Sec. 5310.15.  On filing an application for registration, the	63903
applicant shall pay to the clerk of the probate court or the clerk	63904
of the court of common pleas ten dollars, which is full payment	63905
for all clerk's fees and charges in such proceeding on behalf of	63906
the applicant. Any defendant, except a guardian ad litem, on	63907
entering hisan appearance by filing a pleading of any kind, shall	63908
pay to the clerk five dollars, which is full payment for all	63909
clerk's fees on behalf of such defendant. When any number of	63910
defendants enter their appearance at the same time in one pleading	63911
by filing a pleading of any kind, one fee shall be paid.	63912

Every required publication in a newspaper shall be paid for	63913
by the party on whose application the order of publication is	63914
made, in addition to the fees prescribed in the first paragraph of	63915
this section. The party at whose request, or on whose behalf, any	63916
notice is issued, shall pay for the service of such notice except	63917
when such notice is sent by mail by the clerk or the county	63918
recorder.	63919

Examiners of titles shall receive for examining title or	63920
original reference, and making report on all matters arising under	63921
the application, including final certificate as to all necessary	63922
parties being made and properly brought before the probate court	63923
or the court of common pleas, and as to the proceedings being	63924
regular and legal, one half of one per cent of the appraised tax	63925
value, the fee in no case to be less than seventy-five or more	63926
than two hundred fifty dollars, for each separate and distinct	63927
parcel of land included in the application although made up of	63928
more than one tract.	63929

Upon a reference to an examiner of titles or to any other	63930
person upon a hearing to take evidence and make report to the	63931
court, the fee of the referee shall be fixed by the court at not	63932
more than fifteen dollars per day for the time actually employed.	63933

For a certificate of an examiner of titles that all necessary	63934
parties are before the court, and the proceedings are regular and	63935
legal in a suit for partition, foreclosure of mortgage,	63936
marshalling of liens, or other suit or proceeding affecting the	63937
title of any interest in, or lien or charge upon registered lands,	63938
the fees shall be fixed by the court, and shall not be more than	63939
twenty-five dollars for each separate and distinct parcel of land	63940
included in the petition or application although such parcel is	63941
made up of more than one tract.	63942

Guardians for the suit in original registration shall receive	63943
three dollars when there is no contest in which the guardian	63944
participates. In other cases such guardians shall receive such	63945
fees as the court fixes, but not more than twenty-five dollars.	63946

For certifying pending suits, judgments, liens, attachments,	63947
executions, or levies, the officers certifying them to the	63948
recorder shall receive a fee of twenty-five cents to be paid by	63949
the party interested and taxed in the costs of the case.	63950

For serving summons, notice, or other paper provided for in	63951
sections 5309.02 to 5310.21 of the Revised Code, the sheriff or	63952
other officer shall receive the same fees as in other similar	63953
cases.	63954

The recorder shall receive the following fees, to include	63955
base fees for services and housing trust fund fees pursuant to	63956
section 317.36 of the Revised Code:	63957

(A) For original registration of title, issuing duplicate	63958
certificate, entering memorials and memorandums, as directed by	63959
the decree, and indexing it, a base fee of thirty dollars and a	63960
housing trust fund fee of thirty dollars;	63961

(B) For examining and registering each transfer of registered	63962
land, including the filing of all papers therewith, entering	63963
memorials, issuing new duplicate certificate of title and indexing	63964
it, a base fee of thirty dollars and a housing trust fund fee of	63965
thirty dollars for the first distinct body or parcel of land	63966
contained in such certificate, and a base fee of two dollars and a	63967
housing trust fund fee of two dollars for each additional distinct	63968
body or parcel of land contained in such certificate;	63969

(C) For filing, examining, and entering a memorial of each	63970
mortgage or lease, upon registered land, and indexing it, for each	63971
separately registered parcel, a base fee of ten dollars and a	63972
housing trust fund fee of ten dollars;	63973

(D) For filing, examining, and entering a memorial of each	63974
lien, charge, or demand upon registered land, and indexing it, for	63975
each separately registered parcel of land, a base fee of five	63976
dollars and a housing trust fund fee of five dollars;	63977

(E) For cancellation of any memorial or memorandum, a base	63978
fee of five dollars and a housing trust fund fee of five dollars;	63979
for entry of change of address, or notice of dower, for each	63980
separately registered parcel, a base fee of five dollars and a	63981
housing trust fund fee of five dollars;	63982

(F) For each certified copy of a registered certificate, or	63983
issuing a mortgagee's duplicate certificate, or issuing a new	63984
owner's duplicate certificate to replace one which has been lost	63985
or destroyed, a base fee of fifteen dollars and a housing trust	63986
fund fee of fifteen dollars;	63987

(G) For filing, examining, and entering a memorial of each	63988
release, assignment, or waiver of priority of a mortgage, lease,	63989
lien, charge, or demand upon registered land and indexing it, for	63990
each separately registered parcel, a base fee of five dollars and	63991
a housing trust fund fee of five dollars;	63992

(H) For filing, examining, and entering a memorial of each	63993
official certificate of pending suit, judgment, lien, attachment,	63994
execution, or levy, upon registered land and indexing it, for each	63995
separately registered parcel, a base fee of five dollars and a	63996
housing trust fund fee of five dollars;	63997

(I) For continuing an owner's duplicate certificate, or	63998
mortgagee's duplicate certificate and entering and certifying	63999
memorials and notations thereon, a base fee of five dollars and a	64000
housing trust fund fee of five dollars;	64001

(J) For certificate as to taxes and special assessments, for	64002
each separately registered parcel, a base fee of ten dollars and a	64003
housing trust fund fee of ten dollars;	64004

(K) For filing, recording, and indexing any papers or	64005
instruments other than those provided in this section, any	64006
certified copy of record, or of any instrument on file in histhe	64007
recorder's office, the same fees allowed by law for like services;	64008

(L) For issuing subpoenas and notices and swearing witnesses,	64009
the same fees allowed the clerk for like services.	64010

Costs as provided in this section may be taxed and by the	64011
court ordered to be paid by the parties in such manner as is just.	64012

Sec. 5502.01.  (A) The department of public safety shall	64013
administer and enforce the laws relating to the registration,	64014
licensing, sale, and operation of motor vehicles and the laws	64015
pertaining to the licensing of drivers of motor vehicles.	64016

The department shall compile, analyze, and publish statistics	64017
relative to motor vehicle accidents and the causes of them,	64018
prepare and conduct educational programs for the purpose of	64019
promoting safety in the operation of motor vehicles on the	64020
highways, and conduct research and studies for the purpose of	64021
promoting safety on the highways of this state.	64022

(B) The department shall administer the laws and rules	64023
relative to trauma and emergency medical services specified in	64024
Chapter 4765. of the Revised Code.	64025

(C) The department shall administer and enforce the laws	64026
contained in Chapters 4301. and 4303. of the Revised Code and	64027
enforce the rules and orders of the liquor control commission	64028
pertaining to retail liquor permit holders.	64029

(D) The department shall administer the laws governing the	64030
state emergency management agency and shall enforce all additional	64031
duties and responsibilities as prescribed in the Revised Code	64032
related to emergency management services.	64033

(E) The department shall conduct investigations pursuant to	64034
Chapter 5101. of the Revised Code in support of the duty of the	64035
department of job and family services to administer food stamp	64036
programs throughout this state. The department of public safety	64037
shall conduct investigations necessary to protect the state's	64038
property rights and interests in the food stamp program.	64039

(F) The department of public safety shall enforce compliance	64040
with orders and rules of the public utilities commission and	64041
applicable laws in accordance with Chapters 4919., 4921., and	64042
4923. of the Revised Code regarding commercial motor vehicle	64043
transportation safety, economic, and hazardous materials	64044
requirements.	64045

(G) Notwithstanding Chapter 4117. of the Revised Code, the	64046
department of public safety may establish requirements for its	64047
enforcement personnel, including its enforcement agents described	64048
in section 5502.14 of the Revised Code, that include standards of	64049
conduct, work rules and procedures, and criteria for eligibility	64050
as law enforcement personnel.	64051

(H) The department shall administer, maintain, and operate	64052
the Ohio criminal justice network. The Ohio criminal justice	64053
network shall be a computer network that supports state and local	64054
criminal justice activities. The network shall be an electronic	64055
repository for various data, which may include arrest warrants,	64056
notices of persons wanted by law enforcement agencies, criminal	64057
records, prison inmate records, stolen vehicle records, vehicle	64058
operator's licenses, and vehicle registrations and titles.	64059

(I) The department shall coordinate all homeland security	64060
activities of all state agencies and shall be a liaison between	64061
state agencies and local entities for those activities and related	64062
purposes.	64063

(J) Beginning January 1, 2004, the department shall	64064
administer the laws and rules relative to private investigators	64065
and security guard providers specified in Chapter 4749. of the	64066
Revised Code.	64067

(K) There is hereby created in the department of public	64068
safety the division of the state fire marshal, which shall	64069
administer and enforce Chapters 3731. and 3743. of the Revised	64070
Code and any other law conferring powers or imposing duties upon	64071
the state fire marshal.	64072

Sec. 5502.03. (A) There is hereby created in the department	64073
of public safety a division of homeland security. It is the intent	64074
of the general assembly that the creation of the division of	64075
homeland security of the department of public safety by this	64076
amendment does not result in an increase of funding appropriated	64077
to the department.	64078

(B)(1) The division shall coordinate all homeland security	64079
activities of all state agencies and shall be the liaison between	64080
state agencies and local entities for the purposes of	64081
communicating homeland security funding and policy initiatives.	64082

(2) The division shall be in charge of the systems operations	64083
of the multi-agency radio communications system (MARCS) in	64084
accordance with any rules that the director of public safety may	64085
adopt. The director shall appoint a steering committee to advise	64086
the director in the operation of the MARCS, comprised of persons	64087
who represent the users of that system. The director or the	64088
director's designee shall chair the committee.	64089

(C) The director of public safety shall appoint an executive	64090
director, who shall be head of the division of homeland security	64091
and who regularly shall advise the governor and the director on	64092
matters pertaining to homeland security. The executive director	64093
shall serve at the pleasure of the director of public safety. To	64094
carry out the duties assigned under this section, the executive	64095
director, subject to the direction and control of the director of	64096
public safety, may appoint and maintain necessary staff and may	64097
enter into any necessary agreements.	64098

(D) Except as otherwise provided by law, nothing in this	64099
section shall be construed to give the director of public safety	64100
or the executive director of the division of homeland security	64101
authority over the incident management structure or	64102
responsibilities of local emergency response personnel.	64103

Sec. 5502.13.  The department of public safety shall maintain	64104
an investigative unit in order to conduct investigations and other	64105
enforcement activity authorized by Chapters 4301., 4303., 5101.,	64106
5107., and 5108., and 5115. and sections 2903.12, 2903.13,	64107
2903.14, 2907.09, 2913.46, 2917.11, 2921.13, 2921.31, 2921.32,	64108
2921.33, 2923.12, 2923.121, 2925.11, 2925.13, 2927.02, and	64109
4507.30, and 5115.03 of the Revised Code. The director of public	64110
safety shall appoint the employees of the unit who are necessary,	64111
designate the activities to be performed by those employees, and	64112
prescribe their titles and duties.	64113

Sec. 5549.21.  The board of township trustees may purchase or	64114
lease such machinery and tools as are necessary for use in	64115
constructing, reconstructing, maintaining, and repairing roads and	64116
culverts within the township, and shall provide suitable places	64117
for housing and storing machinery and tools owned by the township.	64118
It may purchase such material and employ such labor as is	64119
necessary for carrying into effect this section, or it may	64120
authorize the purchase or employment of such material and labor by	64121
one of its number, or by the township highway superintendent, at a	64122
price to be fixed by the board. All payments on account of	64123
machinery, tools, material, and labor shall be made from the	64124
township road fund. Except as otherwise provided in sections	64125
505.08, 505.101, and 5513.01 of the Revised Code, all purchases of	64126
materials, machinery, and tools shall, whereif the amount	64127
involved exceeds fifteentwenty-five thousand dollars, be made	64128
from the lowest responsible bidder after advertisement, as	64129
provided in section 5575.01 of the Revised Code. Where	64130

If, in compliance with section 505.10 of the Revised Code,	64131
the board wishes to sell machinery, equipment, or tools owned by	64132
the township to the person from whom it is to purchase other	64133
machinery, equipment, or tools, the board may offer, whereif the	64134
amount of the purchase alone involved does not exceed fifteen	64135
twenty-five thousand dollars, to sell such machinery, equipment,	64136
or tools and have the amount credited by the vendor against the	64137
purchase of the other machinery, equipment, or tools. WhereIf the	64138
purchase price of the other machinery, equipment, or tools alone	64139
exceeds fifteentwenty-five thousand dollars, the board may give	64140
notice to the competitive bidders of its willingness to accept	64141
offers for the purchase of the old machinery, equipment, or tools,	64142
and suchthose offers shall be subtracted from the selling price	64143
of the other machinery, equipment, or tools as bid, in determining	64144
the lowest responsible bidder. Notice of the willingness of the	64145
board to accept offers for the purchase of the old machinery,	64146
equipment, or tools shall be made as a part of the advertisement	64147
for bids.	64148

Sec. 5703.052. (A) There is hereby created in the state	64149
treasury the tax refund fund, from which refunds shall be paid for	64150
taxes illegally or erroneously assessed or collected, or for any	64151
other reason overpaid, that are levied by Chapter 4301., 4305.,	64152
5728., 5729., 5733., 5735., 5739., 5741., 5743., 5747., 5748.,	64153
5749., or 5753., and sections 3737.71, 3905.35, 3905.36, 4303.33,	64154
5707.03, 5725.18, 5727.28, 5727.38, 5727.81, and 5727.811 of the	64155
Revised Code. Refunds for fees illegally or erroneously assessed	64156
or collected, or for any other reason overpaid, that are levied by	64157
sections 3734.90 to 3734.9014 of the Revised Code also shall be	64158
paid from the fund. However, refunds for taxes levied under	64159
section 5739.101 of the Revised Code shall not be paid from the	64160
tax refund fund, but shall be paid as provided in section 5739.104	64161
of the Revised Code.	64162

(B)(1) Upon certification by the tax commissioner to the	64163
treasurer of state of a tax refund,or fee refund, or tax credit	64164
due, or by the superintendent of insurance of a domestic or	64165
foreign insurance tax refund, the treasurer of state mayshall	64166
place the amount certified to the credit of the fund. The	64167
certified amount transferred shall be derived from current	64168
receipts of the same tax or the fee forfrom which the refund	64169
arose or, in the case of a tax credit refund, from the current	64170
receipts of the taxes levied by sections 5739.02 and 5741.02 of	64171
the Revised Code. If	64172

If the tax refund arises from a tax payable to the general	64173
revenue fund, and current receipts from that sourcethe tax or fee	64174
from which the refund arose are inadequate to make the transfer of	64175
the amount so certified, the treasurer of state mayshall transfer	64176
such certified amount from current receipts of the sales tax	64177
levied by section 5739.02 of the Revised Code.	64178

(2) When the treasurer of state provides for the payment of a	64179
refund of a tax or fee from the current receipts of the sales tax,	64180
and the refund is for a tax or fee that is not levied by the	64181
state, the tax commissioner shall recover the amount of that	64182
refund from the next distribution of that tax or fee that	64183
otherwise would be made to the taxing jurisdiction. If the amount	64184
to be recovered would exceed twenty-five per cent of the next	64185
distribution of that tax or fee, the commissioner may spread the	64186
recovery over more than one future distribution, taking into	64187
account the amount to be recovered and the amount of the	64188
anticipated future distributions. In no event may the commissioner	64189
spread the recovery over a period to exceed twenty-four months.	64190

Sec. 5703.56. (A) As used in this section:

64191

(1) "Sham transaction" means a transaction or series of	64192
transactions without economic substance because there is no	64193
business purpose or expectation of profit other than obtaining tax	64194
benefits.	64195

(2) "Tax" includes any tax or fee administered by the tax	64196
commissioner.	64197

(3) "Taxpayer" includes any entity subject to a tax.

64198

(4) "Controlled group" means two or more persons related in	64199
such a way that one person directly or indirectly owns or controls	64200
the business operation of another member of the group. In the case	64201
of persons with stock or other equity, one person owns or controls	64202
another if it directly or indirectly owns more than fifty per cent	64203
of the other person's common stock with voting rights or other	64204
equity with voting rights.	64205

(B) The tax commissioner may disregard any sham transaction	64206
in ascertaining any taxpayer's tax liability. Except as otherwise	64207
provided in the Revised Code, with respect to transactions between	64208
members of a controlled group, the taxpayer shall bear the burden	64209
of establishing by a preponderance of the evidence that a	64210
transaction or series of transactions between the taxpayer and one	64211
or more members of the controlled group was not a sham	64212
transaction. Except as otherwise provided in the Revised Code, for	64213
all other taxpayers, the tax commissioner shall bear the burden of	64214
establishing by a preponderance of the evidence that a transaction	64215
or series of transactions was a sham transaction.	64216

(C) In administering any tax, the tax commissioner may apply	64217
the doctrines of "economic reality," "substance over form," and	64218
"step transaction."	64219

(D) If the commissioner disregards a sham transaction under	64220
division (B) of this section, the applicable limitation period for	64221
assessing the tax, together with applicable penalties, charges,	64222
and interest, shall be extended for a period equal to the	64223
applicable limitation period. Nothing in this division shall be	64224
construed as extending an applicable limitation period for	64225
claiming any refund of a tax.	64226

(E) The tax commissioner may, in accordance with Chapter 119.	64227
of the Revised Code, adopt rules that are necessary to administer	64228
this section, including rules establishing criteria for	64229
identifying sham transactions.	64230

Sec. 5703.57. (A) As used in this section, "Ohio business	64231
gateway" has the same meaning as in section 718.051 of the Revised	64232
Code.	64233

(B) There is hereby created the Ohio business gateway	64234
steering committee to direct the continuing development of the	64235
Ohio business gateway and to oversee its operations. The committee	64236
shall provide general oversight regarding operation of the Ohio	64237
business gateway and shall recommend to the department of	64238
administrative services enhancements that will improve the Ohio	64239
business gateway. The committee shall consider all banking,	64240
technological, administrative, and other issues associated with	64241
the Ohio business gateway and shall make recommendations regarding	64242
the type of reporting forms or other tax documents to be filed	64243
through the Ohio business gateway.	64244

(C) The committee shall consist of:

64245

(1) The following members, appointed by the governor with the	64246
advice and consent of the senate:	64247

(a) Not more than two representatives of the business	64248
community;	64249

(b) Not more than three representatives of municipal tax	64250
administrators; and	64251

(c) Not more than two tax practitioners.

64252

(2) The following ex officio members:

64253

(a) The director or other highest officer of each state	64254
agency that has tax reporting forms or other tax documents filed	64255
with it through the Ohio business gateway or the director's	64256
designee;	64257

(b) The secretary of state or the secretary of state's	64258
designee;	64259

(c) The treasurer of state or the treasurer of state's	64260
designee;	64261

(d) The director of budget and management or the director's	64262
designee;	64263

(e) The director of administrative services or the director's	64264
designee; and	64265

(f) The tax commissioner or the tax commissioner's designee.

64266

An appointed member shall serve until the member resigns or	64267
is removed by the governor. Vacancies shall be filled in the same	64268
manner as original appointments.	64269

(D) A vacancy on the committee does not impair the right of	64270
the other members to exercise all the functions of the committee.	64271
The presence of a majority of the members of the committee	64272
constitutes a quorum for the conduct of business of the committee.	64273
The concurrence of at least a majority of the members of the	64274
committee is necessary for any action to be taken by the	64275
committee. On request, each member of the committee shall be	64276
reimbursed for the actual and necessary expenses incurred in the	64277
discharge of the member's duties.	64278

(E) The board is a part of the department of taxation for	64279
administrative purposes.	64280

(F) Each year, the governor shall select a member of the	64281
committee to serve as chairperson. The chairperson shall appoint	64282
an official or employee of the department of taxation to act as	64283
the committee's secretary. The secretary shall keep minutes of the	64284
committee's meetings and a journal of all meetings, proceedings,	64285
findings, and determinations of the committee.	64286

(G) The board shall hire professional, technical, and	64287
clerical staff needed to support its activities.	64288

(H) The committee shall meet as often as necessary to perform	64289
its duties.	64290

Sec. 5703.58. (A) As used in this section, "felony" has the	64291
same meaning as in section 109.511 of the Revised Code.	64292

(B) For the purposes of enforcing all laws relating to taxes	64293
and fees that the tax commissioner is responsible for	64294
administering, the tax commissioner, by journal entry, may	64295
delegate any investigation powers of the commissioner to an	64296
employee of the department of taxation who has been certified by	64297
the executive director of the Ohio peace officer training	64298
commission. Each journal entry shall be a matter of public record	64299
and shall be kept in an administrative portion of the journal	64300
maintained under division (L) of section 5703.05 of the Revised	64301
Code. When that journal entry is completed, the employee to whom	64302
it pertains, while engaged within the scope of the employee's	64303
duties in enforcing the laws that the commissioner is responsible	64304
for administering, has the power of a police officer to carry	64305
concealed weapons, make arrests, and obtain warrants for	64306
violations of those laws. The commissioner, at any time, may	64307
suspend or revoke the commissioner's delegation by journal entry.	64308

(C) The tax commissioner shall not delegate any investigation	64309
powers to an employee of the department of taxation under division	64310
(B) of this section if the employee has been convicted of or has	64311
pleaded guilty to a felony.	64312

(D)(1) The tax commissioner shall revoke the delegation of	64313
investigation powers to an employee to whom the delegation was	64314
made under division (B) of this section if that employee does	64315
either of the following:	64316

(a) Pleads guilty to a felony;

64317

(b) Pleads guilty to a misdemeanor pursuant to a negotiated	64318
plea agreement, as provided in division (D) of section 2929.29 of	64319
the Revised Code, in which the employee agrees under section	64320
109.77 of the Revised Code to surrender the certificate awarded to	64321
that employee.	64322

(2) The tax commissioner shall suspend the delegation of	64323
investigation powers to an employee to whom the delegation was	64324
made under division (B) of this section if that employee is	64325
convicted, after trial, of a felony. If the employee files an	64326
appeal from that conviction and the conviction is upheld by the	64327
highest court to which the appeal is taken, or if the employee	64328
does not file a timely appeal, the commissioner shall revoke the	64329
delegation of investigation powers to that employee. If the	64330
employee files an appeal that results in that employee's acquittal	64331
of the felony or conviction of a misdemeanor, or in the dismissal	64332
of the felony charge against that employee, the commissioner shall	64333
reinstate the delegation of investigation powers to that employee.	64334
The revocation, suspension, or reinstatement of the delegation of	64335
investigation powers to an employee under division (D) of this	64336
section shall be made by journal entry pursuant to division (B) of	64337
this section. An employee to whom the delegation of investigation	64338
powers is reinstated under division (D)(2) of this section shall	64339
not receive any back pay for the exercise of those investigation	64340
powers, unless that employee's conviction of the felony was	64341
reversed on appeal, or the felony charge was dismissed, because	64342
the court found insufficient evidence to convict the employee of	64343
the felony.	64344

(3) The revocation or suspension of the delegation of	64345
investigation powers to an employee under division (D) of this	64346
section shall be in accordance with Chapter 119. of the Revised	64347
Code.	64348

(E) Divisions (C) and (D) of this section do not apply to an	64349
offense that was committed prior to January 1, 1997.	64350

(F) Nothing in this section limits the tax commissioner's	64351
ability to have other employees of the department of taxation	64352
conduct investigations as authorized by sections 5703.17 and	64353
5703.19 of the Revised Code.	64354

(G) The department of taxation shall cooperate with the	64355
attorney general, local law enforcement officials, and appropriate	64356
agencies of the federal government and other states in the	64357
investigation and prosecution of violations of all laws relating	64358
to taxes and fees administered by the tax commissioner.	64359

Sec. 5703.80. There is hereby created in the state treasury	64360
the property tax administration fund. All money to the credit of	64361
the fund shall be used to defray the costs incurred by the	64362
department of taxation in administering the taxation of property	64363
and the equalization of real property valuation.	64364

Each fiscal year between the first and fifteenth days of	64365
July, the tax commissioner shall compute the following amounts for	64366
the property in each taxing district in each county, and certify	64367
to the director of budget and management the sum of those amounts	64368
for all taxing districts in all counties:	64369

(A) Three-tenths of one per cent of the total amount by which	64370
taxes charged against real property on the general tax list of	64371
real and public utility property were reduced under section	64372
319.302 of the Revised Code for the preceding tax year;	64373

(B) Fifteen-hundredths of one per cent of the total amount of	64374
taxes charged and payable against public utility personal property	64375
on the general tax list of real and public utility property for	64376
the preceding tax year;	64377

(C) Seventy-five hundredths of one per cent of the total	64378
amount of taxes charged and payable against tangible personal	64379
property on the general tax list of personal property of the	64380
preceding tax year and for which returns were filed with the tax	64381
commissioner under section 5711.13 of the Revised Code.	64382

After receiving the tax commissioner's certification, the	64383
director of budget and management shall transfer from the general	64384
revenue fund to the property tax administration fund one-fourth of	64385
the amount certified on or before each of the following days: the	64386
first days of August, November, February, and May.	64387

On or before the thirtieth day of June of the fiscal year,	64388
the tax commissioner shall certify to the director of budget and	64389
management the sum of the amounts by which the amounts computed	64390
for a taxing district under divisions (A), (B), and (C) of this	64391
section exceeded the distributions to the taxing district under	64392
division (F) of section 321.24 of the Revised Code, and the	64393
director shall transfer that sum from the property tax	64394
administration fund to the general revenue fund.	64395

Sec. 5705.39.  The total appropriations from each fund shall	64396
not exceed the total of the estimated revenue available for	64397
expenditure therefrom, as certified by the budget commission, or	64398
in case of appeal, by the board of tax appeals. No appropriation	64399
measure shall become effective until the county auditor files with	64400
the appropriating authority and in the case of a school district,	64401
also files with the superintendent of public instruction, a	64402
certificate that the total appropriations from each fund, taken	64403
together with all other outstanding appropriations, do not exceed	64404
such official estimate or amended official estimate. When the	64405
appropriation does not exceed such official estimate, the county	64406
auditor shall give such certificate forthwith upon receiving from	64407
the appropriating authority a certified copy of the appropriation	64408
measure, a copy of which he shall deliver to the superintendent of	64409
public instruction in the case of a school district.	64410
Appropriations shall be made from each fund only for the purposes	64411
for which such fund is established.	64412

Sec. 5705.41.  No subdivision or taxing unit shall:

64413

(A) Make any appropriation of money except as provided in	64414
Chapter 5705. of the Revised Code; provided, that the	64415
authorization of a bond issue shall be deemed to be an	64416
appropriation of the proceeds of the bond issue for the purpose	64417
for which such bonds were issued, but no expenditure shall be made	64418
from any bond fund until first authorized by the taxing authority;	64419

(B) Make any expenditure of money unless it has been	64420
appropriated as provided in such chapter;	64421

(C) Make any expenditure of money except by a proper warrant	64422
drawn against an appropriate fund;	64423

(D)(1) Except as otherwise provided in division (D)(2) of	64424
this section and section 5705.44 of the Revised Code, make any	64425
contract or give any order involving the expenditure of money	64426
unless there is attached thereto a certificate of the fiscal	64427
officer of the subdivision that the amount required to meet the	64428
obligation or, in the case of a continuing contract to be	64429
performed in whole or in part in an ensuing fiscal year, the	64430
amount required to meet the obligation in the fiscal year in which	64431
the contract is made, has been lawfully appropriated for such	64432
purpose and is in the treasury or in process of collection to the	64433
credit of an appropriate fund free from any previous encumbrances.	64434
This certificate need be signed only by the subdivision's fiscal	64435
officer. Every such contract made without such a certificate shall	64436
be void, and no warrant shall be issued in payment of any amount	64437
due thereon. If no certificate is furnished as required, upon	64438
receipt by the taxing authority of the subdivision or taxing unit	64439
of a certificate of the fiscal officer stating that there was at	64440
the time of the making of such contract or order and at the time	64441
of the execution of such certificate a sufficient sum appropriated	64442
for the purpose of such contract and in the treasury or in process	64443
of collection to the credit of an appropriate fund free from any	64444
previous encumbrances, such taxing authority may authorize the	64445
drawing of a warrant in payment of amounts due upon such contract,	64446
but such resolution or ordinance shall be passed within thirty	64447
days after the taxing authority receives such certificate;	64448
provided that, if the amount involved is less than one hundred	64449
dollars in the case of counties or three thousand dollars in the	64450
case of all other subdivisions or taxing units, the fiscal officer	64451
may authorize it to be paid without such affirmation of the taxing	64452
authority of the subdivision or taxing unit, if such expenditure	64453
is otherwise valid.	64454

(2) Annually, the board of county commissioners may adopt a	64455
resolution exempting for the current fiscal year county purchases	64456
of seven hundred fifty dollars or less from the requirement of	64457
division (D)(1) of this section that a certificate be attached to	64458
any contract or order involving the expenditure of money. The	64459
resolution shall state the dollar amount that is exempted from the	64460
certificate requirement and whether the exemption applies to all	64461
purchases, to one or more specific classes of purchases, or to the	64462
purchase of one or more specific items. Prior to the adoption of	64463
the resolution, the board shall give written notice to the county	64464
auditor that it intends to adopt the resolution. The notice shall	64465
state the dollar amount that is proposed to be exempted and	64466
whether the exemption would apply to all purchases, to one or more	64467
specific classes of purchases, or to the purchase of one or more	64468
specific items. The county auditor may review and comment on the	64469
proposal, and shall send any comments to the board within fifteen	64470
days after receiving the notice. The board shall wait at least	64471
fifteen days after giving the notice to the auditor before	64472
adopting the resolution. A person authorized to make a county	64473
purchase in a county that has adopted such a resolution shall	64474
prepare and file with the county auditor, within three business	64475
days after incurring an obligation not requiring a certificate, a	64476
written document specifying the purpose and amount of the	64477
expenditure, the date of the purchase, the name of the vendor, and	64478
such additional information as the auditor of state may prescribe.	64479

(3) Upon certification by the auditor or other chief fiscal	64480
officer that a certain sum of money, not in excess of five	64481
thousand dollarsan amount established by resolution or ordinance	64482
adopted by a majority of the members of the legislative authority	64483
of the subdivision or taxing unit, has been lawfully appropriated,	64484
authorized, or directed for a certain purpose and is in the	64485
treasury or in the process of collection to the credit of a	64486
specific line-item appropriation account in a certain fund free	64487
from previous and then outstanding obligations or certifications,	64488
then for such purpose and from such line-item appropriation	64489
account in such fund, over a period not exceeding three months and	64490
not extending beyond the end of the fiscal year, expenditures may	64491
be made, orders for payment issued, and contracts or obligations	64492
calling for or requiring the payment of money made and assumed;	64493
provided, that the aggregate sum of money included in and called	64494
for by such expenditures, orders, contracts, and obligations shall	64495
not exceed the sum so certified. Such a certification need be	64496
signed only by the fiscal officer of the subdivision or the taxing	64497
district and may, but need not, be limited to a specific vendor.	64498
An itemized statement of obligations incurred and expenditures	64499
made under such certificate shall be rendered to the auditor or	64500
other chief fiscal officer before another such certificate may be	64501
issued, and not more than one such certificate shall be	64502
outstanding at a time.	64503

In addition to providing the certification for expenditures	64504
of five thousand dollars or less as providedspecified in this	64505
division, a subdivision also may make expenditures, issue orders	64506
for payment, and make contracts or obligations calling for or	64507
requiring the payment of money made and assumed for specified	64508
permitted purposes from a specific line-item appropriation account	64509
in a specified fund for a sum of money upon the certification by	64510
the fiscal officer of the subdivision that this sum of money has	64511
been lawfully appropriated, authorized, or directed for a	64512
permitted purpose and is in the treasury or in the process of	64513
collection to the credit of the specific line-item appropriation	64514
account in the specified fund free from previous and	64515
then-outstanding obligations or certifications; provided that the	64516
aggregate sum of money included in and called for by the	64517
expenditures, orders, and obligations shall not exceed the	64518
certified sum. The purposes for which a subdivision may lawfully	64519
appropriate, authorize, or issue such a certificate are the	64520
services of an accountant, architect, attorney at law, physician,	64521
professional engineer, construction project manager, consultant,	64522
surveyor, or appraiser by or on behalf of the subdivision or	64523
contracting authority; fuel oil, gasoline, food items, roadway	64524
materials, and utilities; and any purchases exempt from	64525
competitive bidding under section 125.04 of the Revised Code and	64526
any other specific expenditure that is a recurring and reasonably	64527
predictable operating expense. Such a certification shall not	64528
extend beyond the end of the fiscal year or, in the case of a	64529
board of county commissioners that has established a quarterly	64530
spending plan under section 5705.392 of the Revised Code, beyond	64531
the quarter to which the plan applies. Such a certificate shall be	64532
signed by the fiscal officer and may, but need not, be limited to	64533
a specific vendor. An itemized statement of obligations incurred	64534
and expenditures made under such a certificate shall be rendered	64535
to the fiscal officer for each certificate issued. More than one	64536
such certificate may be outstanding at any time.	64537

In any case in which a contract is entered into upon a per	64538
unit basis, the head of the department, board, or commission for	64539
the benefit of which the contract is made shall make an estimate	64540
of the total amount to become due upon such contract, which	64541
estimate shall be certified in writing to the fiscal officer of	64542
the subdivision. Such a contract may be entered into if the	64543
appropriation covers such estimate, or so much thereof as may be	64544
due during the current year. In such a case the certificate of the	64545
fiscal officer based upon the estimate shall be a sufficient	64546
compliance with the law requiring a certificate.	64547

Any certificate of the fiscal officer attached to a contract	64548
shall be binding upon the political subdivision as to the facts	64549
set forth therein. Upon request of any person receiving an order	64550
or entering into a contract with any political subdivision, the	64551
certificate of the fiscal officer shall be attached to such order	64552
or contract. "Contract" as used in this section excludes current	64553
payrolls of regular employees and officers.	64554

Taxes and other revenue in process of collection, or the	64555
proceeds to be derived from authorized bonds, notes, or	64556
certificates of indebtedness sold and in process of delivery,	64557
shall for the purpose of this section be deemed in the treasury or	64558
in process of collection and in the appropriate fund. This section	64559
applies neither to the investment of sinking funds by the trustees	64560
of such funds, nor to investments made under sections 731.56 to	64561
731.59 of the Revised Code.	64562

No district authority shall, in transacting its own affairs,	64563
do any of the things prohibited to a subdivision by this section,	64564
but the appropriation referred to shall become the appropriation	64565
by the district authority, and the fiscal officer referred to	64566
shall mean the fiscal officer of the district authority.	64567

Sec. 5705.412.  (A) As used in this section, "qualifying	64568
contract" means any agreement for the expenditure of money under	64569
which aggregate payments from the funds included in the school	64570
district's five-year forecast under section 5705.391 of the	64571
Revised Code will exceed the lesser of the following amounts:	64572

(1) Five hundred thousand dollars;

64573

(2) One per cent of the total revenue to be credited in the	64574
current fiscal year to the district's general fund, as specified	64575
in the district's most recent certificate of estimated resources	64576
certified under section 5705.36 of the Revised Code.	64577

(B) Notwithstanding section 5705.41 of the Revised Code, no	64578
school district shall adopt any appropriation measure, make any	64579
qualifying contract, or increase during any school year any wage	64580
or salary schedule unless there is attached thereto a certificate,	64581
signed as required by this section, that the school district has	64582
in effect the authorization to levy taxes including the renewal or	64583
replacement of existing levies which, when combined with the	64584
estimated revenue from all other sources available to the district	64585
at the time of certification, are sufficient to provide the	64586
operating revenues necessary to enable the district to maintain	64587
all personnel and programs for all the days set forth in its	64588
adopted school calendars for the current fiscal year and for a	64589
number of days in succeeding fiscal years equal to the number of	64590
days instruction was held or is scheduled for the current fiscal	64591
year, as follows:	64592

(1) A certificate attached to an appropriation measure under	64593
this section shall cover only the fiscal year in which the	64594
appropriation measure is effective and shall not consider the	64595
renewal or replacement of an existing levy as the authority to	64596
levy taxes that are subject to appropriation in the current fiscal	64597
year unless the renewal or replacement levy has been approved by	64598
the electors and is subject to appropriation in the current fiscal	64599
year.	64600

(2) A certificate attached, in accordance with this section,	64601
to any qualifying contract shall cover the term of the contract.	64602

(3) A certificate attached under this section to a wage or	64603
salary schedule shall cover the term of the schedule.	64604

If the board of education has not adopted a school calendar	64605
for the school year beginning on the first day of the fiscal year	64606
in which a certificate is required, the certificate attached to an	64607
appropriation measure shall include the number of days on which	64608
instruction was held in the preceding fiscal year and other	64609
certificates required under this section shall include that number	64610
of days for the fiscal year in which the certificate is required	64611
and any succeeding fiscal years that the certificate must cover.	64612

The certificate shall be signed by the treasurer and	64613
president of the board of education and the superintendent of the	64614
school district, unless the district is in a state of fiscal	64615
emergency declared under Chapter 3316. of the Revised Code. In	64616
that case, the certificate shall be signed by a member of the	64617
district's financial planning and supervision commission who is	64618
designated by the commission for this purpose.	64619

(C) Every qualifying contract made or wage or salary schedule	64620
adopted or put into effect without such a certificate shall be	64621
void, and no payment of any amount due thereon shall be made.	64622

(D) The department of education and the auditor of state	64623
jointly shall adopt rules governing the methods by which	64624
treasurers, presidents of boards of education, superintendents,	64625
and members of financial planning and supervision commissions	64626
shall estimate revenue and determine whether such revenue is	64627
sufficient to provide necessary operating revenue for the purpose	64628
of making certifications required by this section.	64629

(E) The auditor of state shall be responsible for determining	64630
whether school districts are in compliance with this section. At	64631
the time a school district is audited pursuant to section 117.11	64632
of the Revised Code, the auditor of state shall review each	64633
certificate issued under this section since the district's last	64634
audit, and the appropriation measure, contract, or wage and salary	64635
schedule to which such certificate was attached. If the auditor of	64636
state determines that a school district has not complied with this	64637
section with respect to any qualifying contract or wage or salary	64638
schedule, the auditor of state shall notify the prosecuting	64639
attorney for the county, the city director of law, or other chief	64640
law officer of the school district. That officer may file a civil	64641
action in any court of appropriate jurisdiction to seek a	64642
declaration that the contract or wage or salary schedule is void,	64643
to recover for the school district from the payee the amount of	64644
payments already made under it, or both, except that the officer	64645
shall not seek to recover payments made under any collective	64646
bargaining agreement entered into under Chapter 4117. of the	64647
Revised Code. If the officer does not file such an action within	64648
one hundred twenty days after receiving notice of noncompliance	64649
from the auditor of state, any taxpayer may institute the action	64650
in the taxpayer's own name on behalf of the school district.	64651

(F) This section does not apply to any contract or increase	64652
in any wage or salary schedule that is necessary in order to	64653
enable a board of education to comply with division (B) of section	64654
3317.13 of the Revised Code, provided the contract or increase	64655
does not exceed the amount required to be paid to be in compliance	64656
with such division.	64657

(G) Any officer, employee, or other person who expends or	64658
authorizes the expenditure of any public funds or authorizes or	64659
executes any contract or schedule contrary to this section,	64660
expends or authorizes the expenditure of any public funds on the	64661
void contract or schedule, or issues a certificate under this	64662
section which contains any false statements is liable to the	64663
school district for the full amount paid from the district's funds	64664
on the contract or schedule. The officer, employee, or other	64665
person is jointly and severally liable in person and upon any	64666
official bond that the officer, employee, or other person has	64667
given to the school district to the extent of any payments on the	64668
void claim, not to exceed ten thousand dollars. However, no	64669
officer, employee, or other person shall be liable for a mistaken	64670
estimate of available resources made in good faith and based upon	64671
reasonable grounds. If an officer, employee, or other person is	64672
found to have complied with rules jointly adopted by the	64673
department of education and the auditor of state under this	64674
section governing methods by which revenue shall be estimated and	64675
determined sufficient to provide necessary operating revenue for	64676
the purpose of making certifications required by this section, the	64677
officer, employee, or other person shall not be liable under this	64678
section if the estimates and determinations made according to	64679
those rules do not, in fact, conform with actual revenue. The	64680
prosecuting attorney of the county, the city director of law, or	64681
other chief law officer of the district shall enforce this	64682
liability by civil action brought in any court of appropriate	64683
jurisdiction in the name of and on behalf of the school district.	64684
If the prosecuting attorney, city director of law, or other chief	64685
law officer of the district fails, upon the written request of any	64686
taxpayer, to institute action for the enforcement of the	64687
liability, the attorney general, or the taxpayer in the taxpayer's	64688
own name, may institute the action on behalf of the subdivision.	64689

(H) This section does not require the attachment of an	64690
additional certificate beyond that required by section 5705.41 of	64691
the Revised Code for current payrolls of, or contracts of	64692
employment with, regularany employees or officers of the school	64693
district.	64694

This section does not require the attachment of a certificate	64695
to a temporary appropriation measure if all of the following	64696
apply:	64697

(1) The amount appropriated does not exceed twenty-five per	64698
cent of the total amount from all sources available for	64699
expenditure from any fund during the preceding fiscal year;	64700

(2) The measure will not be in effect on or after the	64701
thirtieth day following the earliest date on which the district	64702
may pass an annual appropriation measure;	64703

(3) An amended official certificate of estimated resources	64704
for the current year, if required, has not been certified to the	64705
board of education under division (B) of section 5705.36 of the	64706
Revised Code.	64707

Sec. 5709.20.  As used in sections 5709.20 to 5709.27 of the	64708
Revised Code:	64709

(A) "Air contaminant" means particulate matter, dust, fumes,	64710
gas, mist, smoke, vapor, or odorous substances, or any combination	64711
thereof.	64712

(B) "Air pollution control facility" means any property	64713
designed, constructed, or installed for the primary purpose of	64714
eliminating or reducing the emission of, or ground level	64715
concentration of, air contaminants whichgenerated at an	64716
industrial or commercial plant or site that renders air harmful or	64717
inimical to the public health or to property within this state.	64718

(C) "Energy conversion" means the conversion of fuel or power	64719
usage and consumption from natural gas to an alternate fuel or	64720
power source other than propane, butane, naphtha, or fuel oil; or	64721
the conversion of fuel or power usage and consumption from fuel	64722
oil to an alternate fuel or power source other than natural gas,	64723
propane, butane, or naphtha.	64724

(D) "Energy conversion facility" means any additional	64725
property or equipment designed, constructed, or installed after	64726
December 31, 1974, for use at an industrial or commercial plant or	64727
site for the primary purpose of energy conversion.	64728

(E) "Exempt facility" means any of the facilities defined in	64729
division (B), (D), (F), (I), (K), or (L) of this section for which	64730
an exempt facility certificate is issued pursuant to section	64731
5709.21 or for which a certificate remains valid under section	64732
5709.201 of the Revised Code.	64733

(F) "Noise pollution control facility" means any property	64734
designed, constructed, or installed in or onfor use at an	64735
industrial or commercial plant or site for the primary purpose of	64736
eliminating or reducing, at that plant or site, the emission of	64737
sound which is harmful or inimical to persons or property, or	64738
materially reduces the quality of the environment, as shall be	64739
determined by the director of environmental protection within such	64740
standards for noise pollution control facilities and standards for	64741
environmental noise necessary to protect public health and welfare	64742
as may be promulgated by the United States environmental	64743
protection agency. In the absence of such United States	64744
environmental protection agency standards, the determination shall	64745
be made in accordance with generally accepted current standards of	64746
good engineering practice in environmental noise control.	64747

Facilities(G) "Solid waste" means such unwanted residual	64748
solid or semi-solid material as results from industrial	64749
operations, including those of public utility companies, and	64750
commercial, distribution, research, agricultural, and community	64751
operations, including garbage, combustible or noncombustible,	64752
street dirt, and debris.	64753

(H) "Solid waste energy conversion" means the conversion of	64754
solid waste into energy and the utilization of such energy for	64755
some useful purpose.	64756

(I) "Solid waste energy conversion facility" means any	64757
property or equipment designed, constructed, or installed after	64758
December 31, 1974, for use at an industrial or a commercial plant	64759
or site for the primary purpose of solid waste energy conversion.	64760

(J) "Thermal efficiency improvement" means the recovery and	64761
use of waste heat or waste steam produced incidental to electric	64762
power generation, industrial process heat generation, lighting,	64763
refrigeration, or space heating.	64764

(K) "Thermal efficiency improvement 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 thermal efficiency improvement.	64768

(L) "Industrial water pollution control facility" means any	64769
property designed, constructed, or installed for the primary	64770
purpose of collecting or conducting industrial waste to a point of	64771
disposal or treatment; reducing, controlling, or eliminating water	64772
pollution caused by industrial waste; or reducing, controlling, or	64773
eliminating the discharge into a disposal system of industrial	64774
waste or what would be industrial waste if discharged into the	64775
waters of this state. This division applies only to property	64776
related to a facility placed into operation or initially capable	64777
of operation after December 31, 1965, and installed pursuant to	64778
the approval of the environmental protection agency or any other	64779
governmental agency having authority to approve the installation	64780
of industrial water pollution control facilities. The definitions	64781
in section 6111.01 of the Revised Code, as applicable, apply to	64782
the terms used in this division.	64783

(M) Property designed, constructed, installed, used, or	64784
placed in operation solelyprimarily for the safety, health,	64785
protection, or benefit, or any combination thereof, of personnel,	64786
or byof a business solely for its, or primarily for a business's	64787
own benefit, are not pollution control facilitiesis not an	64788
"exempt facility."	64789

Sec. 5709.201.  (A) Except as provided in divisions (C)(4)(a)	64790
and (c) of section 5709.22 and division (F) of section 5709.25 of	64791
the Revised Code, a certificate issued under section 5709.21,	64792
5709.31, 5709.46, or 6111.31 of the Revised Code that was valid	64793
and in effect on the effective date of this section shall continue	64794
in effect subject to the law as it existed before that effective	64795
date. Division (C)(4)(b) of section 5709.22 of the Revised Code	64796
does not apply to any certificate issued by the tax commissioner	64797
before July 1, 2003.	64798

(B) Any applications pending on the effective date of this	64799
section for which a certificate had not been issued on or before	64800
that effective date under section 6111.31 of the Revised Code	64801
shall be transferred to the tax commissioner for further	64802
administering. Sections 5709.20 to 5709.27 of the Revised Code	64803
apply to such pending applications, excluding the requirement of	64804
section 5709.212 of the Revised Code that applicants must pay the	64805
fee.	64806

(C) For applications pending on the effective date of this	64807
section, division (D) of section 5709.25 of the Revised Code	64808
applies only to tax periods that would otherwise be open to	64809
assessment on that effective date.	64810

Sec. 5709.21. (A) As used in this section:

64811

(1) "Exclusive property" means property that is installed,	64812
used, and necessary for the operation of an exempt facility, and	64813
that is not auxiliary property unless the auxiliary property	64814
exempt cost equals or exceeds eighty-five per cent of the total	64815
cost of the property.	64816

(2) "Auxiliary property" means property installed, used, and	64817
necessary for the operation of an exempt facility that is also	64818
used in other operations of the business other than an exempt	64819
facility purpose described in section 5709.20 of the Revised Code.	64820
"Auxiliary property" does not include property if the auxiliary	64821
property exempt cost of such property is less than or equal to	64822
fifteen per cent of the total cost of such property.	64823

(3) "Auxiliary property exempt cost" means the cost of	64824
auxiliary property calculated as follows:	64825

(a) If the auxiliary property is used for an exempt facility	64826
purpose for discrete periods of time, the exempt cost shall be	64827
determined by the ratio of time the auxiliary property is in use	64828
in such exempt capacity to the total time it is in use. Division	64829
(A)(3)(a) of this section does not apply if the property is	64830
concurrently used for an exempt facility purpose and a nonexempt	64831
facility purpose.	64832

(b) The applicant has the burden of proving the exempt cost	64833
of all auxiliary property not described in division (A)(3)(a) of	64834
this section.	64835

(c) Any cost related to an expansion of the commercial or	64836
industrial site that is not related to the operation of the exempt	64837
facility shall not be included as an auxiliary exempt cost under	64838
division (A)(3) of this section.	64839

(B) Application for an air or noise pollution controlexempt	64840
facility certificate shall be filed with the tax commissioner in	64841
such manner and in such form as may be prescribed by regulations	64842
issued by the tax commissioner and. The application shall contain	64843
plans and specifications of the structure or structuresproperty,	64844
including all materials incorporated andor to be incorporated	64845
therein and their associated costs, and a descriptive list of all	64846
equipment acquired or to be acquired by the applicant for the	64847
purpose of air or noise pollution controlexempt facility and its	64848
associated cost. If the commissioner, after obtaining the opinion	64849
of the director of environmental protection, finds that the	64850
proposed facilityproperty was designed primarily for the control	64851
of air or noise pollution as defined in section 5709.20 of the	64852
Revised Code,as an exempt facility and is suitable and reasonably	64853
adequate for such purpose and is intended for such purpose, hethe	64854
commissioner shall enter a finding and issue a certificate to that	64855
effect. Said certificate shall permit tax exemption pursuant to	64856
section 5709.25 of the Revised Code only for that portion of such	64857
pollution control facility or that part used exclusively for air	64858
or noise pollution control. The effective date of saidthe	64859
certificate shall be the date of the making of the application was	64860
made for such certificate or the date of the construction of the	64861
facility, whichever is earlier; provided, that if such application	64862
relates to facilities placed in operation or capable of operation	64863
prior to October 2, 1969, the effective date of the certificate	64864
shall be the date of the application.	64865

Nothing in this section shall be construed to extend the time	64866
period to file, to keep the time period to file open, or supersede	64867
the requirement of filing a tax refund or other tax reduction	64868
request in the manner and within the time prescribed by law.	64869

(C)(1) Except as provided in division (C)(2) of this section,	64870
the certificate shall permit tax exemption pursuant to section	64871
5709.25 of the Revised Code only for that portion of such exempt	64872
facility that is exclusive property used for a purpose enumerated	64873
in section 5709.20 of the Revised Code.	64874

(2) Auxiliary property shall be permitted a partial tax	64875
exemption under section 5709.25 of the Revised Code, but only to	64876
the extent allowed pursuant to division (A)(3) of this section.	64877

(D) The tax commissioner may allow an applicant to file one	64878
application that applies to more than one exempt facility that are	64879
the same or substantially similar, so long as such facilities are	64880
located within the same county.	64881

Sec. 5709.211.  (A) Before issuing an exempt facility	64882
certificate pursuant to section 5709.21 of the Revised Code, the	64883
tax commissioner shall provide a copy of a properly completed	64884
application to, and obtain the opinion of, the director of	64885
environmental protection in the case of an exempt facility	64886
described in division (B), (F), or (L) of section 5709.20 of the	64887
Revised Code, or provide a copy of the application to, and obtain	64888
the opinion of, the director of development in the case of an	64889
application for an exempt facility described in division (D), (I),	64890
or (K) of section 5709.20 of the Revised Code. The opinion shall	64891
provide the commissioner with a recommendation of whether the	64892
property is primarily designed, constructed, installed, and used	64893
as an exempt facility. The applicant shall provide additional	64894
information upon request by the tax commissioner, the director of	64895
environmental protection, or the director of development, and	64896
allow them to inspect the property listed in the application for	64897
the purposes of sections 5709.20 to 5709.27 of the Revised Code.	64898
The tax commissioner shall provide to the applicant a copy of the	64899
opinion issued by either the director of environmental protection	64900
or the director of the department of development.	64901

(B) The opinions of the director of the environmental	64902
protection agency and the director of development under division	64903
(A) of this section or division (C)(4) of section 5709.22 of the	64904
Revised Code are not final actions or orders subject to appeal.	64905

Sec. 5709.212.  (A) With every application for an exempt	64906
facility certificate filed pursuant to section 5709.21 of the	64907
Revised Code, the applicant shall pay a fee equal to one-half of	64908
one per cent of the total exempt facility project cost, not to	64909
exceed two thousand dollars. One-half of the fee received with	64910
applications for exempt facility certificates shall be credited to	64911
the exempt facility administrative fund, which is hereby created	64912
in the state treasury, for appropriation to the department of	64913
taxation for use in administering sections 5709.20 to 5709.27 of	64914
the Revised Code. If the director of environmental protection is	64915
required to provide the opinion for an application, one-half of	64916
the fee shall be credited to the clean air fund created in section	64917
3704.035 of the Revised Code for use in administering section	64918
5709.211 of the Revised Code, unless the application is for an	64919
industrial water pollution control facility. If the application is	64920
for an industrial water pollution control facility, one-half of	64921
the fee shall be credited to the surface water protection fund	64922
created in section 6111.038 of the Revised Code for use in	64923
administering section 5709.211 of the Revised Code. If the	64924
director of development is required to provide the opinion for an	64925
application, one-half of the fee for each exempt facility	64926
application shall be credited to the exempt facility inspection	64927
fund, which is hereby created in the state treasury, for	64928
appropriation to the department of development for use in	64929
administering section 5709.211 of the Revised Code.	64930

An applicant is not entitled to any tax exemption under	64931
section 5709.25 of the Revised Code until the fee required by this	64932
section is paid. The fee required by this section is not	64933
refundable, and is due with the application for an exempt facility	64934
certificate even if an exempt facility certificate ultimately is	64935
not issued or is withdrawn. Any application submitted without	64936
payment of the fee shall be deemed incomplete until the fee is	64937
paid.	64938

(B) The application fee imposed under division (A) of this	64939
section for a jointly owned facility shall be equal to one-half of	64940
one per cent of the total exempt facility project cost, not to	64941
exceed two thousand dollars for each facility that is the subject	64942
of the application.	64943

Sec. 5709.22. Before issuing any certificate the tax	64944
commissioner shall give notice in writing by mail to the auditor	64945
of the county in which such facilities are located, and shall	64946
afford to the applicant and to the auditor an opportunity for a	64947
hearing. On like notice to the applicant and opportunity for a	64948
hearing, the commissioner shall on his(A) After receiving an	64949
opinion from the director of environmental protection or the	64950
director of development, the tax commissioner shall promptly	64951
ascertain if an application filed under section 5709.21 of the	64952
Revised Code shall be allowed or disallowed in whole or in part.	64953
The commissioner shall give written notice of the proposed finding	64954
to the applicant and the county auditor of the county in which the	64955
facility described in the application is located. Within sixty	64956
days after sending written notice of the proposed finding, the	64957
applicant or the county auditor may file a request for	64958
reconsideration, in writing, to the commissioner and may request	64959
that the commissioner conduct a hearing on the application. If no	64960
request for reconsideration is filed, the commissioner's proposed	64961
findings shall be final and, if applicable, the commissioner shall	64962
issue an exempt facility certificate, which shall not be subject	64963
to appeal pursuant to section 5717.02 of the Revised Code.	64964

(B) If a reconsideration of the tax commissioner's proposed	64965
finding is requested by the applicant or the county auditor, the	64966
commissioner shall notify the applicant and the auditor of the	64967
time and place of the hearing, which the commissioner may continue	64968
from time to time as the commissioner finds necessary. The	64969
commissioner also shall notify the environmental protection agency	64970
or department of development, as applicable, of the hearing. The	64971
environmental protection agency or the department of development	64972
shall participate in the hearing if requested in writing by the	64973
commissioner, the applicant, or the county auditor. After	64974
conducting the hearing, the commissioner shall issue a final	64975
determination, with a copy of it served on the applicant and	64976
applicable county auditors in the manner prescribed by section	64977
5703.37 of the Revised Code. The final determination is subject to	64978
appeal pursuant to section 5717.02 of the Revised Code. Once all	64979
appeals are exhausted, the commissioner shall issue, if	64980
applicable, the exempt facility certificate based on the outcome	64981
of the appeal.	64982

(C) The tax commissioner, on the commissioner's own	64983
initiative or on complaint by the county auditor of theany county	64984
in which any property to which such air or noise pollution control	64985
the exempt facility certificate relates is located, shall revoke	64986
such air or noise pollution control certificate whenever any of	64987
the following appearsthe certificate, or modify it by restricting	64988
its operation, if it appears to the commissioner that any of the	64989
following has occurred:	64990

(A)(1) The certificate was obtained by fraud or	64991
misrepresentation;	64992

(B)(2) The holder of the certificate has failed substantially	64993
to proceed with the construction, reconstruction, installation, or	64994
acquisition of air or noise pollution control facilitiesan exempt	64995
facility;	64996

(C)(3) The structure or equipment or bothproperty to which	64997
the certificate relates has ceased to be used for the primary	64998
purpose of pollution control and is being used for a different	64999
purpose.	65000

Provided, that where the circumstances so require, the	65001
commissioner in lieu of revoking such certificate may modify the	65002
same by restricting its operationsas an exempt facility;	65003

(4) The tax commissioner issued the certificate in error. As	65004
used in this section, "error" means any of the following:	65005

(a) A clerical or mathematical mistake;

65006

(b) When the commissioner agrees with an opinion from the	65007
director of environmental protection or the director of	65008
development that a certificate should not have been issued;	65009

(c) When the tax commissioner determines that the issuance of	65010
the certificate may have been improper as the result of a final	65011
adjudication by the board of tax appeals, or by a court with	65012
jurisdiction on appeal from that board, that is adverse to the	65013
original exempt status of the facility, regardless of whether the	65014
holder of the certificate was a party to such adjudication.	65015

(D) If the revocation or modification of a certificate under	65016
division (C)(4) of this section is an action found to be frivolous	65017
for the purposes of section 5703.54 of the Revised Code the	65018
certificate holder may claim damages as provided under division	65019
(B) of that section.	65020

On the mailing of notice of the action of the commissioner	65021
revoking or modifying an air or noise pollution control	65022
certificate as provided in section 5709.23 of the Revised Code,	65023
such(E) Upon service of notice certificate to the holder of an	65024
exempt facility certificate, in the manner provided in section	65025
5703.37 of the Revised Code, of the tax commissioner's revocation	65026
or modification of the certificate under division (C) of this	65027
section, the certificate shall cease to be in force or shall	65028
remain in force only as modified, as the case may require. The	65029
notice is subject to appeal under section 5717.02 of the Revised	65030
Code. Once all appeals are exhausted, the commissioner shall issue	65031
a modified certificate, if applicable, and the holder of the	65032
certificate shall be allowed to claim a refund within one hundred	65033
eighty days, notwithstanding any other time limitation provided by	65034
law of the taxes paid as a result of the certificate being revoked	65035
or modified.	65036

Sec. 5709.23.  (A) As soon as is practicable after receiving	65037
an application for an exempt facility certificate, the tax	65038
commissioner shall provide a copy of the application and any	65039
accompanying documentation to the county auditor of the county in	65040
which the facility is located. The copy shall be accompanied by a	65041
statement showing an estimate of what the assessed value of the	65042
facility would be, based on the appropriate assessment percentage,	65043
if the facility were to be taxable, and an estimate of the taxes	65044
that would be chargeable against the facility computed on the	65045
basis of the rate of taxation in the taxing district in the year	65046
in which the application is received. Within sixty days after	65047
receiving such a statement, the county auditor shall issue a	65048
notice to the taxing authority of each taxing unit in which the	65049
facility is or is to be located. The notice shall state that an	65050
application for an exempt facility certificate has been filed for	65051
the facility; the estimated assessed value of the facility shown	65052
on the statement; the annual amount of taxes that would be charged	65053
and payable on that value at the current rate of taxation in	65054
effect in the taxing unit; and that, if approved, the application	65055
entitles the facility to exemption from taxation and the taxing	65056
unit may be required to refund any taxes on the facility accruing	65057
after the certificate becomes effective. The tax commissioner	65058
shall issue an amended statement if, after the original statement	65059
is issued, the estimate of such assessed value increases or	65060
decreases by more than ten per cent of the estimated value shown	65061
on the most recently issued statement or amended statement, and	65062
the county auditor shall issue an amended notice reflecting such	65063
change.	65064

(B) Upon request by the county auditor of the county in which	65065
the exempt facility described in the application is located, the	65066
tax commissioner shall provide the county auditor with any	65067
documents submitted with the opinion of the director of	65068
environmental protection or director of development, including a	65069
copy of opinion.	65070

(C) Any documents, statements, and notices provided for under	65071
this section are solely for the purpose of notifying taxing	65072
authorities of the existence of an exempt facility application and	65073
the potential for a refund of taxes paid on an exempt facility	65074
before a tax exemption certificate is issued. Such documents,	65075
statements, and notices do not constitute an assessment that is	65076
subject to a petition for reassessment nor are such documents,	65077
statements, and notices appealable under section 5717.02 of the	65078
Revised Code by any person.	65079

(D) The documents, statements, and notices provided by the	65080
tax commissioner under this section are subject to all applicable	65081
confidentiality provisions of law.	65082

Sec. 5709.24.  The tax commissioner may adopt rules to	65083
administer sections 5709.20 to 5709.27 of the Revised Code.	65084

Sec. 5709.25.  (A) Whenever an air or noise pollution control	65085
exempt facility certificate is issued on a pollution control	65086
facility, the transfer of tangible personal property to the holder	65087
of the certificate, whether such transfer takes place before or	65088
after the issuance of the certificate, shall not be considered a	65089
"sale" of such tangible personal property for the purpose of the	65090
sales tax, or a "use" for the purpose of the use tax, if the	65091
tangible personal property is to be or was a material or part to	65092
be incorporated into an air or noise pollution controlexempt	65093
facility as defined in section 5709.20 of the Revised Code.	65094

(B) For the period subsequent to the effective date of an air	65095
or noise pollution controlexempt facility certificate and	65096
continuing for so long as the certificate is in force, no	65097
pollution controlexempt facility or certified portion thereof	65098
shall be considered to be either of the following:	65099

(1) An improvement on the land on which the sameexempt	65100
facility is located for the purpose of real property taxation;	65101

(2) As "used in business" for the purpose of personal	65102
property taxation;	65103

(3) As an asset of any corporation in determining the value	65104
of its issued and outstanding shares or the value of the property	65105
owned and used by it in this state for the purpose of the	65106
franchise tax.	65107

(C)(1) The tax commissioner, upon receiving a properly	65108
completed application for an exempt facility certificate, may	65109
allow the applicant to claim the exemption provided by this	65110
section before the commissioner issues the certificate. The	65111
applicant is entitled to the exemption unless the commissioner	65112
notifies the applicant otherwise by serving notice upon the	65113
applicant in the manner prescribed by section 5703.37 of the	65114
Revised Code.	65115

(2) A taxpayer whose tangible personal property is subject to	65116
taxation under Chapter 5727. of the Revised Code shall notify the	65117
commissioner in writing of any property the applicant does not	65118
want the commissioner to exclude from assessment. The notice shall	65119
be provided before the date the commissioner issues the	65120
preliminary assessment under section 5727.23 of the Revised Code.	65121

(D)(1) Notwithstanding any other time limitations imposed by	65122
law, the commissioner may assess any additional tax or may assess	65123
any additional taxable property, including any applicable	65124
interest, on the denied portion of the applicant's claim for an	65125
exempt facility that the applicant claimed prior to the exempt	65126
facility certificate being issued or the application being denied.	65127
No assessment shall be made pursuant to this division after one	65128
hundred eighty days from the date the commissioner mails the	65129
exempt facility certificate or notice of the denial of the exempt	65130
facility certificate pursuant to section 5709.22 of the Revised	65131
Code. Nothing in this section shall prohibit an assessment that	65132
otherwise may be timely made by law.	65133

(2) Assessments issued pursuant to division (D)(1) of this	65134
section shall be issued as amended preliminary assessment	65135
certificates under section 5711.31 of the Revised Code for	65136
personal property tax, as amended preliminary assessment	65137
certificates under section 5727.23 of the Revised Code for public	65138
utility tax, and as assessments under section 5733.11 of the	65139
Revised Code for corporation franchise tax, section 5739.13 of the	65140
Revised Code for sales tax, and section 5741.11 of the Revised	65141
Code for use tax, and are subject to the same appeal requirements	65142
as defined in those sections.	65143

(3) Nothing in division (D) of this section allows the tax	65144
commissioner, after the expiration of the time limitation, to	65145
issue an assessment referenced in division (D)(2) of this section	65146
that increases any tax beyond the amount claimed by the applicant	65147
as an exempt facility.	65148

(4) If an assessment is issued for only the denied portion of	65149
the application for an exempt facility, the only issue the	65150
applicant is permitted to raise on appeal of the assessment	65151
referenced in division (D)(2) of this section is that of the	65152
taxable property or transaction constituting the denied portion of	65153
the applicant's claim for an exempt facility.	65154

(E) Except as otherwise provided in this division, no	65155
exemption for additional property shall be claimed under this	65156
section after an exempt facility certificate has been issued for	65157
that facility unless the applicant files a new application under	65158
section 5709.21 of the Revised Code. The tax commissioner shall	65159
waive the requirement to file a new application under section	65160
5709.21 of the Revised Code if the cost of the additional	65161
property, net of retirements for similar property, does not exceed	65162
five hundred thousand dollars during any calendar year. The fee	65163
imposed under section 5709.212 of the Revised Code for	65164
applications filed as a result of this division shall be five	65165
hundred dollars.	65166

(F) If, as the result of a revaluation due to sale or	65167
bankruptcy or any other reason, the book value of property that is	65168
the subject of an exempt facility certificate is changed from the	65169
book value at the time of the original issuance of the	65170
certificate, the amount of exemption available to the owner is	65171
limited to the percentage resulting from the ratio of the	65172
historical cost of the property that is the subject of the exempt	65173
facility certificate to the historic cost of all tangible personal	65174
property and real property of the owner located at the same	65175
location as the property subject to the exempt facility	65176
certificate. If the result of using this ratio is greater than the	65177
original cost, then acceptable reasons for allowing such greater	65178
cost must be established with supporting documentation in order to	65179
qualify for the exemption above the original cost.	65180

(G) After two years from the date the tax commissioner	65181
receives an application, the applicant may request in writing that	65182
the tax commissioner take final action on the pending application.	65183
Within ten days after receiving such a request, the tax	65184
commissioner shall issue a proposed finding, under section 5709.22	65185
of the Revised Code, if the application is allowed in whole or in	65186
part. Otherwise, the tax commissioner shall issue a final	65187
determination denying the issuance of the certificate, which is a	65188
final determination appealable under section 5717.02 of the	65189
Revised Code.	65190

Sec. 5709.26.  When an air or noise pollution controlexempt	65191
facility certificate is revoked because obtained by fraud or	65192
misrepresentationor modified for the reason stated in division	65193
(C)(1) of section 5709.22 of the Revised Code, all taxes which	65194
that would have been payable had no certificate been issued shall	65195
be assessed with maximum penalties and interest prescribed by law	65196
applicable thereto dating to when the exemption was first allowed.	65197
Notwithstanding any other time limitations imposed by law, if the	65198
certificate is revoked or modified under division (C)(2), (3), or	65199
(4) of section 5709.22 of the Revised Code, all taxes that would	65200
have been payable had no certificate existed as of the first day	65201
of January of the calendar year in which the certificate was	65202
revoked or modified are subject to assessment.	65203

Sec. 5709.27.  In the event of the sale, lease, or other	65204
transfer of an air or noise pollution controlexempt facility, not	65205
involving a different location or use, the holder of an air or	65206
noise pollution controlthe exempt facility certificate for such	65207
facility mayshall transfer the certificate by written instrument	65208
to the person who, except for the transfer of the certificate,	65209
would be obligated to pay taxes on suchthe facility. The	65210
transferee shall become the holder of the certificate and shall	65211
have all the rights to exemption from taxes which were granted to	65212
the former holder or holders, effective as of the date of transfer	65213
of the facility or the date of transfer of the certificate,	65214
whichever is earlier. The transferee shall promptly give written	65215
notice of the effective date of the transfer, together with a copy	65216
of the instrument of transfer, to the tax commissioner and the	65217
county auditor of the county in which the facility is located.	65218
Upon request, the commissioner may provide the transferee with any	65219
information the commissioner possesses related to the issuance of	65220
the exempt facility certificate.	65221

Sec. 5709.61.  As used in sections 5709.61 to 5709.69 of the	65222
Revised Code:	65223

(A) "Enterprise zone" or "zone" means any of the following:

65224

(1) An area with a single continuous boundary designated in	65225
the manner set forth in section 5709.62 or 5709.63 of the Revised	65226
Code and certified by the director of development as having a	65227
population of at least four thousand according to the best and	65228
most recent data available to the director and having at least two	65229
of the following characteristics:	65230

(a) It is located in a municipal corporation defined by the	65231
United States office of management and budget as a central city of	65232
a metropolitan statistical area or in a city designated as an	65233
urban cluster in a rural statistical area;	65234

(b) It is located in a county designated as being in the	65235
"Appalachian region" under the "Appalachian Regional Development	65236
Act of 1965," 79 Stat. 5, 40 App. U.S.C.A. 403, as amended;	65237

(c) Its average rate of unemployment, during the most recent	65238
twelve-month period for which data are available, is equal to at	65239
least one hundred twenty-five per cent of the average rate of	65240
unemployment for the state of Ohio for the same period;	65241

(d) There is a prevalence of commercial or industrial	65242
structures in the area that are vacant or demolished, or are	65243
vacant and the taxes charged thereon are delinquent, and	65244
certification of the area as an enterprise zone would likely	65245
result in the reduction of the rate of vacant or demolished	65246
structures or the rate of tax delinquency in the area;	65247

(e) The population of all census tracts in the area,	65248
according to the federal census of 1990, decreased by at least ten	65249
per cent between the years 1970 and 1990;	65250

(f) At least fifty-one per cent of the residents of the area	65251
have incomes of less than eighty per cent of the median income of	65252
residents of the municipal corporation or municipal corporations	65253
in which the area is located, as determined in the same manner	65254
specified under section 119(b) of the "Housing and Community	65255
Development Act of 1974," 88 Stat. 633, 42 U.S.C. 5318, as	65256
amended;	65257

(g) The area contains structures previously used for	65258
industrial purposes, but currently not so used due to age,	65259
obsolescence, deterioration, relocation of the former occupant's	65260
operations, or cessation of operations resulting from unfavorable	65261
economic conditions either generally or in a specific economic	65262
sector;	65263

(h) It is located within one or more adjacent city, local, or	65264
exempted village school districts, the income-weighted tax	65265
capacity of each of which is less than seventy per cent of the	65266
average of the income-weighted tax capacity of all city, local, or	65267
exempted village school districts in the state according to the	65268
most recent data available to the director from the department of	65269
taxation.	65270

The director of development shall adopt rules in accordance	65271
with Chapter 119. of the Revised Code establishing conditions	65272
constituting the characteristics described in divisions (A)(1)(d),	65273
(g), and (h) of this section.	65274

If an area could not be certified as an enterprise zone	65275
unless it satisfied division (A)(1)(g) of this section, the	65276
legislative authority may enter into agreements in that zone under	65277
section 5709.62, 5709.63, or 5709.632 of the Revised Code only if	65278
such agreements result in the development of the facilities	65279
described in that division, the parcel of land on which such	65280
facilities are situated, or adjacent parcels. The director of	65281
development annually shall review all agreements in such zones to	65282
determine whether the agreements have resulted in such	65283
development; if the director determines that the agreements have	65284
not resulted in such development, the director immediately shall	65285
revoke certification of the zone and notify the legislative	65286
authority of such revocation. Any agreements entered into prior to	65287
revocation under this paragraph shall continue in effect for the	65288
period provided in the agreement.	65289

(2) An area with a single continuous boundary designated in	65290
the manner set forth in section 5709.63 of the Revised Code and	65291
certified by the director of development as:	65292

(a) Being located within a county that contains a population	65293
of three hundred thousand or less;	65294

(b) Having a population of at least one thousand according to	65295
the best and most recent data available to the director;	65296

(c) Having at least two of the characteristics described in	65297
divisions (A)(1)(b) to (h) of this section.	65298

(3) An area with a single continuous boundary designated in	65299
the manner set forth under division (A)(1) of section 5709.632 of	65300
the Revised Code and certified by the director of development as	65301
having a population of at least four thousand, or under division	65302
(A)(2) of that section and certified as having a population of at	65303
least one thousand, according to the best and most recent data	65304
available to the director.	65305

(B) "Enterprise" means any form of business organization	65306
including, but not limited to, any partnership, sole	65307
proprietorship, or corporation, including an S corporation as	65308
defined in section 1361 of the Internal Revenue Code and any	65309
corporation that is majority work-owned either directly through	65310
the ownership of stock or indirectly through participation in an	65311
employee stock ownership plan.	65312

(C) "Facility" means an enterprise's place of business in a	65313
zone, including land, buildings, machinery, equipment, and other	65314
materials, except inventory, used in business. "Facility" includes	65315
land, buildings, machinery, production and station equipment,	65316
other equipment, and other materials, except inventory, used in	65317
business to generate electricity, provided that, for purposes of	65318
sections 5709.61 to 5709.69 of the Revised Code, the value of the	65319
property at such a facility shall be reduced by the value, if any,	65320
that is not apportioned under section 5727.15 of the Revised Code	65321
to the taxing district in which the facility is physically	65322
located. In the case of such a facility that is physically located	65323
in two adjacent taxing districts, the property located in each	65324
taxing district constitutes a separate facility.	65325

"Facility" does not include any portion of an enterprise's	65326
place of business used primarily for making retail sales, unless	65327
the place of business is located in an impacted city as defined in	65328
section 1728.01 of the Revised Code.	65329

(D) "Vacant facility" means a facility that has been vacant	65330
for at least ninety days immediately preceding the date on which	65331
an agreement is entered into under section 5709.62 or 5709.63 of	65332
the Revised Code.	65333

(E) "Expand" means to make expenditures to add land,	65334
buildings, machinery, equipment, or other materials, except	65335
inventory, to a facility that equal at least ten per cent of the	65336
market value of the facility prior to such expenditures, as	65337
determined for the purposes of local property taxation.	65338

(F) "Renovate" means to make expenditures to alter or repair	65339
a facility that equal at least fifty per cent of the market value	65340
of the facility prior to such expenditures, as determined for the	65341
purposes of local property taxation.	65342

(G) "Occupy" means to make expenditures to alter or repair a	65343
vacant facility equal to at least twenty per cent of the market	65344
value of the facility prior to such expenditures, as determined	65345
for the purposes of local property taxation.	65346

(H) "Project site" means all or any part of a facility that	65347
is newly constructed, expanded, renovated, or occupied by an	65348
enterprise.	65349

(I) "Project" means any undertaking by an enterprise to	65350
establish a facility or to improve a project site by expansion,	65351
renovation, or occupancy.	65352

(J) "Position" means the position of one full-time employee	65353
performing a particular set of tasks and duties.	65354

(K) "Full-time employee" means an individual who is employed	65355
for consideration by an enterprise for at least thirty-five hours	65356
a week, or who renders any other standard of service generally	65357
accepted by custom or specified by contract as full-time	65358
employment.	65359

(L) "New employee" means a full-time employee first employed	65360
by an enterprise at a facility that is a project site after the	65361
enterprise enters an agreement under section 5709.62 or 5709.63 of	65362
the Revised Code. "New employee" does not include an employee if,	65363
immediately prior to being employed by the enterprise, the	65364
employee was employed by an enterprise that is a related member or	65365
predecessor enterprise of that enterprise.	65366

(M) "Unemployed person" means any person who is totally	65367
unemployed in this state, as that term is defined in division (M)	65368
of section 4141.01 of the Revised Code, for at least ten	65369
consecutive weeks immediately preceding that person's employment	65370
at a facility that is a project site, or who is so unemployed for	65371
at least twenty-six of the fifty-two weeks immediately preceding	65372
that person's employment at such a facility.	65373

(N) "JTPA eligible employee" means any individual who is	65374
eligible for employment or training under the "Job Training	65375
Partnership Act," 96 Stat. 1324 (1982), 29 U.S.C. 1501, as	65376
amended.	65377

(O) "First used in business" means that the property referred	65378
to has not been used in business in this state by the enterprise	65379
that owns it, or by an enterprise that is a related member or	65380
predecessor enterprise of such an enterprise, other than as	65381
inventory, prior to being used in business at a facility as the	65382
result of a project.	65383

(P) "Training program" means any noncredit training program	65384
or course of study that is offered by any state college or	65385
university; university branch district; community college;	65386
technical college; nonprofit college or university certified under	65387
section 1713.02 of the Revised Code; school district; joint	65388
vocational school district; school registered and authorized to	65389
offer programs under section 3332.05 of the Revised Code; an	65390
entity administering any federal, state, or local adult education	65391
and training program; or any enterprise; and that meets all of the	65392
following requirements:	65393

(1) It is approved by the director of development;

65394

(2) It is established or operated to satisfy the need of a	65395
particular industry or enterprise for skilled or semi-skilled	65396
employees;	65397

(3) An individual is required to complete the course or	65398
program before filling a position at a project site.	65399

(Q) "Development" means to engage in the process of clearing	65400
and grading land, making, installing, or constructing water	65401
distribution systems, sewers, sewage collection systems, steam,	65402
gas, and electric lines, roads, curbs, gutters, sidewalks, storm	65403
drainage facilities, and construction of other facilities or	65404
buildings equal to at least fifty per cent of the market value of	65405
the facility prior to the expenditures, as determined for the	65406
purposes of local property taxation.	65407

(R) "Large manufacturing facility" means a single Ohio	65408
facility that employed an average of at least one thousand	65409
individuals during the five calendar years preceding an agreement	65410
authorized under division (C)(3) of section 5709.62 or division	65411
(B)(2) of section 5709.63 of the Revised Code. For purposes of	65412
this division, both of the following apply:	65413

(1) A single Ohio manufacturing facility employed an average	65414
of at least one thousand individuals during the five calendar	65415
years preceding entering into such an agreement if one-fifth of	65416
the sum of the number of employees employed on the highest	65417
employment day during each of the five calendar years equals or	65418
exceeds one thousand.	65419

(2) The highest employment day is the day or days during a	65420
calendar year on which the number of employees employed at a	65421
single Ohio manufacturing facility was greater than on any other	65422
day during the calendar year.	65423

(S) "Business cycle" means the cycle of business activity	65424
usually regarded as passing through alternating stages of	65425
prosperity and depression.	65426

(T) "Making retail sales" means the effecting of	65427
point-of-final-purchase transactions at a facility open to the	65428
consuming public, wherein one party is obligated to pay the price	65429
and the other party is obligated to provide a service or to	65430
transfer title to or possession of the item sold.	65431

(U) "Environmentally contaminated" means that hazardous	65432
substances exist at a facility under conditions that have caused	65433
or would cause the facility to be identified as contaminated by	65434
the state or federal environmental protection agency. These may	65435
include facilities located at sites identified in the master sites	65436
list or similar database maintained by the state environmental	65437
protection agency if the sites have been investigated by the	65438
agency and found to be contaminated.	65439

(V) "Remediate" means to make expenditures to clean up an	65440
environmentally contaminated facility so that it is no longer	65441
environmentally contaminated that equal at least ten per cent of	65442
the real property market value of the facility prior to such	65443
expenditures as determined for the purposes of property taxation.	65444

(W) "Related member" has the same meaning as defined in	65445
section 5733.042 of the Revised Code without regard to division	65446
(B) of that section, except that it is used with respect to an	65447
enterprise rather than a taxpayer.	65448

(X) "Predecessor enterprise" means an enterprise from which	65449
the assets or equity of another enterprise has been transferred,	65450
which transfer resulted in the full or partial nonrecognition of	65451
gain or loss, or resulted in a carryover basis, both as determined	65452
by rule adopted by the tax commissioner.	65453

(Y) "Successor enterprise" means an enterprise to which the	65454
assets or equity of another enterprise has been transferred, which	65455
transfer resulted in the full or partial nonrecognition of gain or	65456
loss, or resulted in a carryover basis, both as determined by rule	65457
adopted by the tax commissioner.	65458

Sec. 5709.62.  (A) In any municipal corporation that is	65459
defined by the United States office of management and budget as a	65460
central city of a metropolitan statistical area, or in a city	65461
designated as an urban cluster in a rural statistical area, the	65462
legislative authority of the municipal corporation may designate	65463
one or more areas within its municipal corporation as proposed	65464
enterprise zones. Upon designating an area, the legislative	65465
authority shall petition the director of development for	65466
certification of the area as having the characteristics set forth	65467
in division (A)(1) of section 5709.61 of the Revised Code as	65468
amended by Substitute Senate Bill No. 19 of the 120th general	65469
assembly. Except as otherwise provided in division (E) of this	65470
section, on and after July 1, 1994, legislative authorities shall	65471
not enter into agreements under this section unless the	65472
legislative authority has petitioned the director and the director	65473
has certified the zone under this section as amended by that act;	65474
however, all agreements entered into under this section as it	65475
existed prior to July 1, 1994, and the incentives granted under	65476
those agreements shall remain in effect for the period agreed to	65477
under those agreements. Within sixty days after receiving such a	65478
petition, the director shall determine whether the area has the	65479
characteristics set forth in division (A)(1) of section 5709.61 of	65480
the Revised Code, and shall forward the findings to the	65481
legislative authority of the municipal corporation. If the	65482
director certifies the area as having those characteristics, and	65483
thereby certifies it as a zone, the legislative authority may	65484
enter into an agreement with an enterprise under division (C) of	65485
this section.	65486

(B) Any enterprise that wishes to enter into an agreement	65487
with a municipal corporation under division (C) of this section	65488
shall submit a proposal to the legislative authority of the	65489
municipal corporation on a form prescribed by the director of	65490
development, together with the application fee established under	65491
section 5709.68 of the Revised Code. The form shall require the	65492
following information:	65493

(1) An estimate of the number of new employees whom the	65494
enterprise intends to hire, or of the number of employees whom the	65495
enterprise intends to retain, within the zone at a facility that	65496
is a project site, and an estimate of the amount of payroll of the	65497
enterprise attributable to these employees;	65498

(2) An estimate of the amount to be invested by the	65499
enterprise to establish, expand, renovate, or occupy a facility,	65500
including investment in new buildings, additions or improvements	65501
to existing buildings, machinery, equipment, furniture, fixtures,	65502
and inventory;	65503

(3) A listing of the enterprise's current investment, if any,	65504
in a facility as of the date of the proposal's submission.	65505

The enterprise shall review and update the listings required	65506
under this division to reflect material changes, and any agreement	65507
entered into under division (C) of this section shall set forth	65508
final estimates and listings as of the time the agreement is	65509
entered into. The legislative authority may, on a separate form	65510
and at any time, require any additional information necessary to	65511
determine whether an enterprise is in compliance with an agreement	65512
and to collect the information required to be reported under	65513
section 5709.68 of the Revised Code.	65514

(C) Upon receipt and investigation of a proposal under	65515
division (B) of this section, if the legislative authority finds	65516
that the enterprise submitting the proposal is qualified by	65517
financial responsibility and business experience to create and	65518
preserve employment opportunities in the zone and improve the	65519
economic climate of the municipal corporation, the legislative	65520
authority, on or before June 30, 2004October 15, 2009, may do one	65521
of the following:	65522

(1) Enter into an agreement with the enterprise under which	65523
the enterprise agrees to establish, expand, renovate, or occupy a	65524
facility and hire new employees, or preserve employment	65525
opportunities for existing employees, in return for one or more of	65526
the following incentives:	65527

(a) Exemption for a specified number of years, not to exceed	65528
ten, of a specified portion, up to seventy-five per cent, of the	65529
assessed value of tangible personal property first used in	65530
business at the project site as a result of the agreement. An	65531
exemption granted pursuant to this division applies to inventory	65532
required to be listed pursuant to sections 5711.15 and 5711.16 of	65533
the Revised Code, except that, in the instance of an expansion or	65534
other situations in which an enterprise was in business at the	65535
facility prior to the establishment of the zone, the inventory	65536
that is exempt is that amount or value of inventory in excess of	65537
the amount or value of inventory required to be listed in the	65538
personal property tax return of the enterprise in the return for	65539
the tax year in which the agreement is entered into.	65540

(b) Exemption for a specified number of years, not to exceed	65541
ten, of a specified portion, up to seventy-five per cent, of the	65542
increase in the assessed valuation of real property constituting	65543
the project site subsequent to formal approval of the agreement by	65544
the legislative authority;	65545

(c) Provision for a specified number of years, not to exceed	65546
ten, of any optional services or assistance that the municipal	65547
corporation is authorized to provide with regard to the project	65548
site.	65549

(2) Enter into an agreement under which the enterprise agrees	65550
to remediate an environmentally contaminated facility, to spend an	65551
amount equal to at least two hundred fifty per cent of the true	65552
value in money of the real property of the facility prior to	65553
remediation as determined for the purposes of property taxation to	65554
establish, expand, renovate, or occupy the remediated facility,	65555
and to hire new employees or preserve employment opportunities for	65556
existing employees at the remediated facility, in return for one	65557
or more of the following incentives:	65558

(a) Exemption for a specified number of years, not to exceed	65559
ten, of a specified portion, not to exceed fifty per cent, of the	65560
assessed valuation of the real property of the facility prior to	65561
remediation;	65562

(b) Exemption for a specified number of years, not to exceed	65563
ten, of a specified portion, not to exceed one hundred per cent,	65564
of the increase in the assessed valuation of the real property of	65565
the facility during or after remediation;	65566

(c) The incentive under division (C)(1)(a) of this section,	65567
except that the percentage of the assessed value of such property	65568
exempted from taxation shall not exceed one hundred per cent;	65569

(d) The incentive under division (C)(1)(c) of this section.

65570

(3) Enter into an agreement with an enterprise that plans to	65571
purchase and operate a large manufacturing facility that has	65572
ceased operation or announced its intention to cease operation, in	65573
return for exemption for a specified number of years, not to	65574
exceed ten, of a specified portion, up to one hundred per cent, of	65575
the assessed value of tangible personal property used in business	65576
at the project site as a result of the agreement, or of the	65577
assessed valuation of real property constituting the project site,	65578
or both.	65579

(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this	65580
section, the portion of the assessed value of tangible personal	65581
property or of the increase in the assessed valuation of real	65582
property exempted from taxation under those divisions may exceed	65583
seventy-five per cent in any year for which that portion is	65584
exempted if the average percentage exempted for all years in which	65585
the agreement is in effect does not exceed sixty per cent, or if	65586
the board of education of the city, local, or exempted village	65587
school district within the territory of which the property is or	65588
will be located approves a percentage in excess of seventy-five	65589
per cent. For the purpose of obtaining such approval, the	65590
legislative authority shall deliver to the board of education a	65591
notice not later than forty-five days prior to approving the	65592
agreement, excluding Saturdays, Sundays, and legal holidays as	65593
defined in section 1.14 of the Revised Code. The notice shall	65594
state the percentage to be exempted, an estimate of the true value	65595
of the property to be exempted, and the number of years the	65596
property is to be exempted. The board of education, by resolution	65597
adopted by a majority of the board, shall approve or disapprove	65598
the agreement and certify a copy of the resolution to the	65599
legislative authority not later than fourteen days prior to the	65600
date stipulated by the legislative authority as the date upon	65601
which approval of the agreement is to be formally considered by	65602
the legislative authority. The board of education may include in	65603
the resolution conditions under which the board would approve the	65604
agreement, including the execution of an agreement to compensate	65605
the school district under division (B) of section 5709.82 of the	65606
Revised Code. The legislative authority may approve the agreement	65607
at any time after the board of education certifies its resolution	65608
approving the agreement to the legislative authority, or, if the	65609
board approves the agreement conditionally, at any time after the	65610
conditions are agreed to by the board and the legislative	65611
authority.	65612

If a board of education has adopted a resolution waiving its	65613
right to approve agreements and the resolution remains in effect,	65614
approval of an agreement by the board is not required under this	65615
division. If a board of education has adopted a resolution	65616
allowing a legislative authority to deliver the notice required	65617
under this division fewer than forty-five business days prior to	65618
the legislative authority's approval of the agreement, the	65619
legislative authority shall deliver the notice to the board not	65620
later than the number of days prior to such approval as prescribed	65621
by the board in its resolution. If a board of education adopts a	65622
resolution waiving its right to approve agreements or shortening	65623
the notification period, the board shall certify a copy of the	65624
resolution to the legislative authority. If the board of education	65625
rescinds such a resolution, it shall certify notice of the	65626
rescission to the legislative authority.	65627

(2) The legislative authority shall comply with section	65628
5709.83 of the Revised Code unless the board of education has	65629
adopted a resolution under that section waiving its right to	65630
receive such notice.	65631

(E) This division applies to zones certified by the director	65632
of development under this section prior to July 22, 1994.	65633

On or before June 30, 2004October 15, 2009, the legislative	65634
authority that designated a zone to which this division applies	65635
may enter into an agreement with an enterprise if the legislative	65636
authority makes the finding required under that division and	65637
determines that the enterprise satisfies one of the criteria	65638
described in divisions (E)(1) to (5) of this section:	65639

(1) The enterprise currently has no operations in this state	65640
and, subject to approval of the agreement, intends to establish	65641
operations in the zone;	65642

(2) The enterprise currently has operations in this state	65643
and, subject to approval of the agreement, intends to establish	65644
operations at a new location in the zone that would not result in	65645
a reduction in the number of employee positions at any of the	65646
enterprise's other locations in this state;	65647

(3) The enterprise, subject to approval of the agreement,	65648
intends to relocate operations, currently located in another	65649
state, to the zone;	65650

(4) The enterprise, subject to approval of the agreement,	65651
intends to expand operations at an existing site in the zone that	65652
the enterprise currently operates;	65653

(5) The enterprise, subject to approval of the agreement,	65654
intends to relocate operations, currently located in this state,	65655
to the zone, and the director of development has issued a waiver	65656
for the enterprise under division (B) of section 5709.633 of the	65657
Revised Code.	65658

The agreement shall require the enterprise to agree to	65659
establish, expand, renovate, or occupy a facility in the zone and	65660
hire new employees, or preserve employment opportunities for	65661
existing employees, in return for one or more of the incentives	65662
described in division (C) of this section.	65663

(F) All agreements entered into under this section shall be	65664
in the form prescribed under section 5709.631 of the Revised Code.	65665
After an agreement is entered into under this division, if the	65666
legislative authority revokes its designation of a zone, or if the	65667
director of development revokes the zone's certification, any	65668
entitlements granted under the agreement shall continue for the	65669
number of years specified in the agreement.	65670

(G) Except as otherwise provided in this division, an	65671
agreement entered into under this section shall require that the	65672
enterprise pay an annual fee equal to the greater of one per cent	65673
of the dollar value of incentives offered under the agreement or	65674
five hundred dollars; provided, however, that if the value of the	65675
incentives exceeds two hundred fifty thousand dollars, the fee	65676
shall not exceed two thousand five hundred dollars. The fee shall	65677
be payable to the legislative authority once per year for each	65678
year the agreement is effective on the days and in the form	65679
specified in the agreement. Fees paid shall be deposited in a	65680
special fund created for such purpose by the legislative authority	65681
and shall be used by the legislative authority exclusively for the	65682
purpose of complying with section 5709.68 of the Revised Code and	65683
by the tax incentive review council created under section 5709.85	65684
of the Revised Code exclusively for the purposes of performing the	65685
duties prescribed under that section. The legislative authority	65686
may waive or reduce the amount of the fee charged against an	65687
enterprise, but such a waiver or reduction does not affect the	65688
obligations of the legislative authority or the tax incentive	65689
review council to comply with section 5709.68 or 5709.85 of the	65690
Revised Code.	65691

(H) When an agreement is entered into pursuant to this	65692
section, the legislative authority authorizing the agreement shall	65693
forward a copy of the agreement to the director of development and	65694
to the tax commissioner within fifteen days after the agreement is	65695
entered into. If any agreement includes terms not provided for in	65696
section 5709.631 of the Revised Code affecting the revenue of a	65697
city, local, or exempted village school district or causing	65698
revenue to be foregone by the district, including any compensation	65699
to be paid to the school district pursuant to section 5709.82 of	65700
the Revised Code, those terms also shall be forwarded in writing	65701
to the director of development along with the copy of the	65702
agreement forwarded under this division.	65703

(I) After an agreement is entered into, the enterprise shall	65704
file with each personal property tax return required to be filed,	65705
or annual report required to be filed under section 5727.08 of the	65706
Revised Code, while the agreement is in effect, an informational	65707
return, on a form prescribed by the tax commissioner for that	65708
purpose, setting forth separately the property, and related costs	65709
and values, exempted from taxation under the agreement.	65710

(J) Enterprises may agree to give preference to residents of	65711
the zone within which the agreement applies relative to residents	65712
of this state who do not reside in the zone when hiring new	65713
employees under the agreement.	65714

(K) An agreement entered into under this section may include	65715
a provision requiring the enterprise to create one or more	65716
temporary internship positions for students enrolled in a course	65717
of study at a school or other educational institution in the	65718
vicinity, and to create a scholarship or provide another form of	65719
educational financial assistance for students holding such a	65720
position in exchange for the student's commitment to work for the	65721
enterprise at the completion of the internship.	65722

Sec. 5709.63.  (A) With the consent of the legislative	65723
authority of each affected municipal corporation or of a board of	65724
township trustees, a board of county commissioners may, in the	65725
manner set forth in section 5709.62 of the Revised Code, designate	65726
one or more areas in one or more municipal corporations or in	65727
unincorporated areas of the county as proposed enterprise zones. A	65728
board of county commissioners may designate no more than one area	65729
within a township, or within adjacent townships, as a proposed	65730
enterprise zone. The board shall petition the director of	65731
development for certification of the area as having the	65732
characteristics set forth in division (A)(1) or (2) of section	65733
5709.61 of the Revised Code as amended by Substitute Senate Bill	65734
No. 19 of the 120th general assembly. Except as otherwise provided	65735
in division (D) of this section, on and after July 1, 1994, boards	65736
of county commissioners shall not enter into agreements under this	65737
section unless the board has petitioned the director and the	65738
director has certified the zone under this section as amended by	65739
that act; however, all agreements entered into under this section	65740
as it existed prior to July 1, 1994, and the incentives granted	65741
under those agreements shall remain in effect for the period	65742
agreed to under those agreements. The director shall make the	65743
determination in the manner provided under section 5709.62 of the	65744
Revised Code. Any enterprise wishing to enter into an agreement	65745
with the board under division (B) or (D) of this section shall	65746
submit a proposal to the board on the form and accompanied by the	65747
application fee prescribed under division (B) of section 5709.62	65748
of the Revised Code. The enterprise shall review and update the	65749
estimates and listings required by the form in the manner required	65750
under that division. The board may, on a separate form and at any	65751
time, require any additional information necessary to determine	65752
whether an enterprise is in compliance with an agreement and to	65753
collect the information required to be reported under section	65754
5709.68 of the Revised Code.	65755

(B) If the board of county commissioners finds that an	65756
enterprise submitting a proposal is qualified by financial	65757
responsibility and business experience to create and preserve	65758
employment opportunities in the zone and to improve the economic	65759
climate of the municipal corporation or municipal corporations or	65760
the unincorporated areas in which the zone is located and to which	65761
the proposal applies, the board, on or before June 30, 2004	65762
October 15, 2009, and with the consent of the legislative	65763
authority of each affected municipal corporation or of the board	65764
of township trustees may do either of the following:	65765

(1) Enter into an agreement with the enterprise under which	65766
the enterprise agrees to establish, expand, renovate, or occupy a	65767
facility in the zone and hire new employees, or preserve	65768
employment opportunities for existing employees, in return for the	65769
following incentives:	65770

(a) When the facility is located in a municipal corporation,	65771
the board may enter into an agreement for one or more of the	65772
incentives provided in division (C) of section 5709.62 of the	65773
Revised Code, subject to division (D) of that section;	65774

(b) When the facility is located in an unincorporated area,	65775
the board may enter into an agreement for one or more of the	65776
following incentives:	65777

(i) Exemption for a specified number of years, not to exceed	65778
ten, of a specified portion, up to sixty per cent, of the assessed	65779
value of tangible personal property first used in business at a	65780
project site as a result of the agreement. An exemption granted	65781
pursuant to this division applies to inventory required to be	65782
listed pursuant to sections 5711.15 and 5711.16 of the Revised	65783
Code, except, in the instance of an expansion or other situations	65784
in which an enterprise was in business at the facility prior to	65785
the establishment of the zone, the inventory that is exempt is	65786
that amount or value of inventory in excess of the amount or value	65787
of inventory required to be listed in the personal property tax	65788
return of the enterprise in the return for the tax year in which	65789
the agreement is entered into.	65790

(ii) Exemption for a specified number of years, not to exceed	65791
ten, of a specified portion, up to sixty per cent, of the increase	65792
in the assessed valuation of real property constituting the	65793
project site subsequent to formal approval of the agreement by the	65794
board;	65795

(iii) Provision for a specified number of years, not to	65796
exceed ten, of any optional services or assistance the board is	65797
authorized to provide with regard to the project site;	65798

(iv) The incentive described in division (C)(2) of section	65799
5709.62 of the Revised Code.	65800

(2) Enter into an agreement with an enterprise that plans to	65801
purchase and operate a large manufacturing facility that has	65802
ceased operation or has announced its intention to cease	65803
operation, in return for exemption for a specified number of	65804
years, not to exceed ten, of a specified portion, up to one	65805
hundred per cent, of tangible personal property used in business	65806
at the project site as a result of the agreement, or of real	65807
property constituting the project site, or both.	65808

(C)(1) Notwithstanding divisions (B)(1)(b)(i) and (ii) of	65809
this section, the portion of the assessed value of tangible	65810
personal property or of the increase in the assessed valuation of	65811
real property exempted from taxation under those divisions may	65812
exceed sixty per cent in any year for which that portion is	65813
exempted if the average percentage exempted for all years in which	65814
the agreement is in effect does not exceed fifty per cent, or if	65815
the board of education of the city, local, or exempted village	65816
school district within the territory of which the property is or	65817
will be located approves a percentage in excess of sixty per cent.	65818
For the purpose of obtaining such approval, the board of	65819
commissioners shall deliver to the board of education a notice not	65820
later than forty-five days prior to approving the agreement,	65821
excluding Saturdays, Sundays, and legal holidays as defined in	65822
section 1.14 of the Revised Code. The notice shall state the	65823
percentage to be exempted, an estimate of the true value of the	65824
property to be exempted, and the number of years the property is	65825
to be exempted. The board of education, by resolution adopted by a	65826
majority of the board, shall approve or disapprove the agreement	65827
and certify a copy of the resolution to the board of commissioners	65828
not later than fourteen days prior to the date stipulated by the	65829
board of commissioners as the date upon which approval of the	65830
agreement is to be formally considered by the board of	65831
commissioners. The board of education may include in the	65832
resolution conditions under which the board would approve the	65833
agreement, including the execution of an agreement to compensate	65834
the school district under division (B) of section 5709.82 of the	65835
Revised Code. The board of county commissioners may approve the	65836
agreement at any time after the board of education certifies its	65837
resolution approving the agreement to the board of county	65838
commissioners, or, if the board of education approves the	65839
agreement conditionally, at any time after the conditions are	65840
agreed to by the board of education and the board of county	65841
commissioners.	65842

If a board of education has adopted a resolution waiving its	65843
right to approve agreements and the resolution remains in effect,	65844
approval of an agreement by the board of education is not required	65845
under division (C) of this section. If a board of education has	65846
adopted a resolution allowing a board of county commissioners to	65847
deliver the notice required under this division fewer than	65848
forty-five business days prior to approval of the agreement by the	65849
board of county commissioners, the board of county commissioners	65850
shall deliver the notice to the board of education not later than	65851
the number of days prior to such approval as prescribed by the	65852
board of education in its resolution. If a board of education	65853
adopts a resolution waiving its right to approve agreements or	65854
shortening the notification period, the board of education shall	65855
certify a copy of the resolution to the board of county	65856
commissioners. If the board of education rescinds such a	65857
resolution, it shall certify notice of the rescission to the board	65858
of county commissioners.	65859

(2) The board of county commissioners shall comply with	65860
section 5709.83 of the Revised Code unless the board of education	65861
has adopted a resolution under that section waiving its right to	65862
receive such notice.	65863

(D) This division applies to zones certified by the director	65864
of development under this section prior to July 22, 1994.	65865

On or before June 30, 2004October 15, 2009, and with the	65866
consent of the legislative authority of each affected municipal	65867
corporation or board of township trustees of each affected	65868
township, the board of commissioners that designated a zone to	65869
which this division applies may enter into an agreement with an	65870
enterprise if the board makes the finding required under that	65871
division and determines that the enterprise satisfies one of the	65872
criteria described in divisions (D)(1) to (5) of this section:	65873

(1) The enterprise currently has no operations in this state	65874
and, subject to approval of the agreement, intends to establish	65875
operations in the zone;	65876

(2) The enterprise currently has operations in this state	65877
and, subject to approval of the agreement, intends to establish	65878
operations at a new location in the zone that would not result in	65879
a reduction in the number of employee positions at any of the	65880
enterprise's other locations in this state;	65881

(3) The enterprise, subject to approval of the agreement,	65882
intends to relocate operations, currently located in another	65883
state, to the zone;	65884

(4) The enterprise, subject to approval of the agreement,	65885
intends to expand operations at an existing site in the zone that	65886
the enterprise currently operates;	65887

(5) The enterprise, subject to approval of the agreement,	65888
intends to relocate operations, currently located in this state,	65889
to the zone, and the director of development has issued a waiver	65890
for the enterprise under division (B) of section 5709.633 of the	65891
Revised Code.	65892

The agreement shall require the enterprise to agree to	65893
establish, expand, renovate, or occupy a facility in the zone and	65894
hire new employees, or preserve employment opportunities for	65895
existing employees, in return for one or more of the incentives	65896
described in division (B) of this section.	65897

(E) All agreements entered into under this section shall be	65898
in the form prescribed under section 5709.631 of the Revised Code.	65899
After an agreement under this section is entered into, if the	65900
board of county commissioners revokes its designation of the zone,	65901
or if the director of development revokes the zone's	65902
certification, any entitlements granted under the agreement shall	65903
continue for the number of years specified in the agreement.	65904

(F) Except as otherwise provided in this paragraph, an	65905
agreement entered into under this section shall require that the	65906
enterprise pay an annual fee equal to the greater of one per cent	65907
of the dollar value of incentives offered under the agreement or	65908
five hundred dollars; provided, however, that if the value of the	65909
incentives exceeds two hundred fifty thousand dollars, the fee	65910
shall not exceed two thousand five hundred dollars. The fee shall	65911
be payable to the board of commissioners once per year for each	65912
year the agreement is effective on the days and in the form	65913
specified in the agreement. Fees paid shall be deposited in a	65914
special fund created for such purpose by the board and shall be	65915
used by the board exclusively for the purpose of complying with	65916
section 5709.68 of the Revised Code and by the tax incentive	65917
review council created under section 5709.85 of the Revised Code	65918
exclusively for the purposes of performing the duties prescribed	65919
under that section. The board may waive or reduce the amount of	65920
the fee charged against an enterprise, but such waiver or	65921
reduction does not affect the obligations of the board or the tax	65922
incentive review council to comply with section 5709.68 or 5709.85	65923
of the Revised Code, respectively.	65924

(G) With the approval of the legislative authority of a	65925
municipal corporation or the board of township trustees of a	65926
township in which a zone is designated under division (A) of this	65927
section, the board of county commissioners may delegate to that	65928
legislative authority or board any powers and duties of the board	65929
to negotiate and administer agreements with regard to that zone	65930
under this section.	65931

(H) When an agreement is entered into pursuant to this	65932
section, the legislative authority authorizing the agreement shall	65933
forward a copy of the agreement to the director of development and	65934
to the tax commissioner within fifteen days after the agreement is	65935
entered into. If any agreement includes terms not provided for in	65936
section 5709.631 of the Revised Code affecting the revenue of a	65937
city, local, or exempted village school district or causing	65938
revenue to be foregone by the district, including any compensation	65939
to be paid to the school district pursuant to section 5709.82 of	65940
the Revised Code, those terms also shall be forwarded in writing	65941
to the director of development along with the copy of the	65942
agreement forwarded under this division.	65943

(I) After an agreement is entered into, the enterprise shall	65944
file with each personal property tax return required to be filed,	65945
or annual report that is required to be filed under section	65946
5727.08 of the Revised Code, while the agreement is in effect, an	65947
informational return, on a form prescribed by the tax commissioner	65948
for that purpose, setting forth separately the property, and	65949
related costs and values, exempted from taxation under the	65950
agreement.	65951

(J) Enterprises may agree to give preference to residents of	65952
the zone within which the agreement applies relative to residents	65953
of this state who do not reside in the zone when hiring new	65954
employees under the agreement.	65955

(K) An agreement entered into under this section may include	65956
a provision requiring the enterprise to create one or more	65957
temporary internship positions for students enrolled in a course	65958
of study at a school or other educational institution in the	65959
vicinity, and to create a scholarship or provide another form of	65960
educational financial assistance for students holding such a	65961
position in exchange for the student's commitment to work for the	65962
enterprise at the completion of the internship.	65963

Sec. 5709.632.  (A)(1) The legislative authority of a	65964
municipal corporation defined by the United States office of	65965
management and budget as a central city of a metropolitan	65966
statistical area may, in the manner set forth in section 5709.62	65967
of the Revised Code, designate one or more areas in the municipal	65968
corporation as a proposed enterprise zone.	65969

(2) With the consent of the legislative authority of each	65970
affected municipal corporation or of a board of township trustees,	65971
a board of county commissioners may, in the manner set forth in	65972
section 5709.62 of the Revised Code, designate one or more areas	65973
in one or more municipal corporations or in unincorporated areas	65974
of the county as proposed urban jobs and enterprise zones, except	65975
that a board of county commissioners may designate no more than	65976
one area within a township, or within adjacent townships, as a	65977
proposed urban jobs and enterprise zone.	65978

(3) The legislative authority or board of county	65979
commissioners may petition the director of development for	65980
certification of the area as having the characteristics set forth	65981
in division (A)(3) of section 5709.61 of the Revised Code. Within	65982
sixty days after receiving such a petition, the director shall	65983
determine whether the area has the characteristics set forth in	65984
that division and forward the findings to the legislative	65985
authority or board of county commissioners. If the director	65986
certifies the area as having those characteristics and thereby	65987
certifies it as a zone, the legislative authority or board may	65988
enter into agreements with enterprises under division (B) of this	65989
section. Any enterprise wishing to enter into an agreement with a	65990
legislative authority or board of commissioners under this section	65991
and satisfying one of the criteria described in divisions (B)(1)	65992
to (5) of this section shall submit a proposal to the legislative	65993
authority or board on the form prescribed under division (B) of	65994
section 5709.62 of the Revised Code and shall review and update	65995
the estimates and listings required by the form in the manner	65996
required under that division. The legislative authority or board	65997
may, on a separate form and at any time, require any additional	65998
information necessary to determine whether an enterprise is in	65999
compliance with an agreement and to collect the information	66000
required to be reported under section 5709.68 of the Revised Code.	66001

(B) Prior to entering into an agreement with an enterprise,	66002
the legislative authority or board of county commissioners shall	66003
determine whether the enterprise submitting the proposal is	66004
qualified by financial responsibility and business experience to	66005
create and preserve employment opportunities in the zone and to	66006
improve the economic climate of the municipal corporation or	66007
municipal corporations or the unincorporated areas in which the	66008
zone is located and to which the proposal applies, and whether the	66009
enterprise satisfies one of the following criteria:	66010

(1) The enterprise currently has no operations in this state	66011
and, subject to approval of the agreement, intends to establish	66012
operations in the zone;	66013

(2) The enterprise currently has operations in this state	66014
and, subject to approval of the agreement, intends to establish	66015
operations at a new location in the zone that would not result in	66016
a reduction in the number of employee positions at any of the	66017
enterprise's other locations in this state;	66018

(3) The enterprise, subject to approval of the agreement,	66019
intends to relocate operations, currently located in another	66020
state, to the zone;	66021

(4) The enterprise, subject to approval of the agreement,	66022
intends to expand operations at an existing site in the zone that	66023
the enterprise currently operates;	66024

(5) The enterprise, subject to approval of the agreement,	66025
intends to relocate operations, currently located in this state,	66026
to the zone, and the director of development has issued a waiver	66027
for the enterprise under division (B) of section 5709.633 of the	66028
Revised Code.	66029

(C) If the legislative authority or board determines that the	66030
enterprise is so qualified and satisfies one of the criteria	66031
described in divisions (B)(1) to (5) of this section, the	66032
legislative authority or board may, after complying with section	66033
5709.83 of the Revised Code and on or before June 30, 2004October	66034
15, 2009, and, in the case of a board of commissioners, with the	66035
consent of the legislative authority of each affected municipal	66036
corporation or of the board of township trustees, enter into an	66037
agreement with the enterprise under which the enterprise agrees to	66038
establish, expand, renovate, or occupy a facility in the zone and	66039
hire new employees, or preserve employment opportunities for	66040
existing employees, in return for the following incentives:	66041

(1) When the facility is located in a municipal corporation,	66042
a legislative authority or board of commissioners may enter into	66043
an agreement for one or more of the incentives provided in	66044
division (C) of section 5709.62 of the Revised Code, subject to	66045
division (D) of that section;	66046

(2) When the facility is located in an unincorporated area, a	66047
board of commissioners may enter into an agreement for one or more	66048
of the incentives provided in divisions (B)(1)(b), (B)(2), and	66049
(B)(3) of section 5709.63 of the Revised Code, subject to division	66050
(C) of that section.	66051

(D) All agreements entered into under this section shall be	66052
in the form prescribed under section 5709.631 of the Revised Code.	66053
After an agreement under this section is entered into, if the	66054
legislative authority or board of county commissioners revokes its	66055
designation of the zone, or if the director of development revokes	66056
the zone's certification, any entitlements granted under the	66057
agreement shall continue for the number of years specified in the	66058
agreement.	66059

(E) Except as otherwise provided in this division, an	66060
agreement entered into under this section shall require that the	66061
enterprise pay an annual fee equal to the greater of one per cent	66062
of the dollar value of incentives offered under the agreement or	66063
five hundred dollars; provided, however, that if the value of the	66064
incentives exceeds two hundred fifty thousand dollars, the fee	66065
shall not exceed two thousand five hundred dollars. The fee shall	66066
be payable to the legislative authority or board of commissioners	66067
once per year for each year the agreement is effective on the days	66068
and in the form specified in the agreement. Fees paid shall be	66069
deposited in a special fund created for such purpose by the	66070
legislative authority or board and shall be used by the	66071
legislative authority or board exclusively for the purpose of	66072
complying with section 5709.68 of the Revised Code and by the tax	66073
incentive review council created under section 5709.85 of the	66074
Revised Code exclusively for the purposes of performing the duties	66075
prescribed under that section. The legislative authority or board	66076
may waive or reduce the amount of the fee charged against an	66077
enterprise, but such waiver or reduction does not affect the	66078
obligations of the legislative authority or board or the tax	66079
incentive review council to comply with section 5709.68 or 5709.85	66080
of the Revised Code, respectively.	66081

(F) With the approval of the legislative authority of a	66082
municipal corporation or the board of township trustees of a	66083
township in which a zone is designated under division (A)(2) of	66084
this section, the board of county commissioners may delegate to	66085
that legislative authority or board any powers and duties of the	66086
board to negotiate and administer agreements with regard to that	66087
zone under this section.	66088

(G) When an agreement is entered into pursuant to this	66089
section, the legislative authority or board of commissioners	66090
authorizing the agreement shall forward a copy of the agreement to	66091
the director of development and to the tax commissioner within	66092
fifteen days after the agreement is entered into. If any agreement	66093
includes terms not provided for in section 5709.631 of the Revised	66094
Code affecting the revenue of a city, local, or exempted village	66095
school district or causing revenue to be foregone by the district,	66096
including any compensation to be paid to the school district	66097
pursuant to section 5709.82 of the Revised Code, those terms also	66098
shall be forwarded in writing to the director of development along	66099
with the copy of the agreement forwarded under this division.	66100

(H) After an agreement is entered into, the enterprise shall	66101
file with each personal property tax return required to be filed	66102
while the agreement is in effect, an informational return, on a	66103
form prescribed by the tax commissioner for that purpose, setting	66104
forth separately the property, and related costs and values,	66105
exempted from taxation under the agreement.	66106

(I) An agreement entered into under this section may include	66107
a provision requiring the enterprise to create one or more	66108
temporary internship positions for students enrolled in a course	66109
of study at a school or other educational institution in the	66110
vicinity, and to create a scholarship or provide another form of	66111
educational financial assistance for students holding such a	66112
position in exchange for the student's commitment to work for the	66113
enterprise at the completion of the internship.	66114

Sec. 5709.64.  (A) If an enterprise has been granted an	66115
incentive for the current calendar year under an agreement entered	66116
pursuant to section 5709.62, 5709.63, or 5709.632 of the Revised	66117
Code, it may apply, on or before the thirtieth day of April of	66118
that year, to the director of development, on a form prescribed by	66119
the director, for a tax incentive qualification certificate. The	66120
enterprise qualifies for an initial certificate if, on or before	66121
the last day of the calendar year immediately preceding that in	66122
which application is made, it satisfies all of the following	66123
requirements:	66124

(1) The enterprise has established, expanded, renovated, or	66125
occupied a facility pursuant to the agreement under section	66126
5709.62, 5709.63, or 5709.632 of the Revised Code.	66127

(2) The enterprise has hired new employees to fill nonretail	66128
positions at the facility, at least twenty-five per cent of whom	66129
at the time they were employed were at least one of the following:	66130

(a) Unemployed persons who had resided at least six months in	66131
the county in which the enterprise's project site is located;	66132

(b) JPTA eligible employees who had resided at least six	66133
months in the county in which the enterprise's project site is	66134
located;	66135

(c) Participants of the Ohio works first program under	66136
Chapter 5107. of the Revised Code or the prevention, retention,	66137
and contingency program under Chapter 5108. of the Revised Code or	66138
recipients of general assistance under former Chapter 5113. of the	66139
Revised Code, disabilityfinancial assistance under Chapter 5115.	66140
of the Revised Code, or unemployment compensation benefits who had	66141
resided at least six months in the county in which the	66142
enterprise's project site is located;	66143

(d) Handicapped persons, as defined under division (A) of	66144
section 3304.11 of the Revised Code, who had resided at least six	66145
months in the county in which the enterprise's project site is	66146
located;	66147

(e) Residents for at least one year of a zone located in the	66148
county in which the enterprise's project site is located.	66149

The director of development shall, by rule, establish	66150
criteria for determining what constitutes a nonretail position at	66151
a facility.	66152

(3) The average number of positions attributable to the	66153
enterprise in the municipal corporation during the calendar year	66154
immediately preceding the calendar year in which application is	66155
made exceeds the maximum number of positions attributable to the	66156
enterprise in the municipal corporation during the calendar year	66157
immediately preceding the first year the enterprise satisfies the	66158
requirements set forth in divisions (A)(1) and (2) of this	66159
section. If the enterprise is engaged in a business which, because	66160
of its seasonal nature, customarily enables the enterprise to	66161
operate at full capacity only during regularly recurring periods	66162
of the year, the average number of positions attributable to the	66163
enterprise in the municipal corporation during each period of the	66164
calendar year immediately preceding the calendar year in which	66165
application is made must exceed only the maximum number of	66166
positions attributable to the enterprise in each corresponding	66167
period of the calendar year immediately preceding the first year	66168
the enterprise satisfies the requirements of divisions (A)(1) and	66169
(2) of this section. The director of development shall, by rule,	66170
prescribe methods for determining whether an enterprise is engaged	66171
in a seasonal business and for determining the length of the	66172
corresponding periods to be compared.	66173

(4) The enterprise has not closed or reduced employment at	66174
any place of business in the state for the primary purpose of	66175
establishing, expanding, renovating, or occupying a facility. The	66176
legislative authority of any municipal corporation or the board of	66177
county commissioners of any county that concludes that an	66178
enterprise has closed or reduced employment at a place of business	66179
in that municipal corporation or county for the primary purpose of	66180
establishing, expanding, renovating, or occupying a facility in a	66181
zone may appeal to the director to determine whether the	66182
enterprise has done so. Upon receiving such an appeal, the	66183
director shall investigate the allegations and make such a	66184
determination before issuing an initial or renewal tax incentive	66185
qualification certificate under this section.	66186

Within sixty days after receiving an application under this	66187
division, the director shall review, investigate, and verify the	66188
application and determine whether the enterprise qualifies for a	66189
certificate. The application shall include an affidavit executed	66190
by the applicant verifying that the enterprise satisfies the	66191
requirements of division (A)(2) of this section, and shall contain	66192
such information and documents as the director requires, by rule,	66193
to ascertain whether the enterprise qualifies for a certificate.	66194
If the director finds the enterprise qualified, the director shall	66195
issue a tax incentive qualification certificate, which shall bear	66196
as its date of issuance the thirtieth day of June of the year of	66197
application, and shall state that the applicant is entitled to	66198
receive, for the taxable year that includes the certificate's date	66199
of issuance, the tax incentives provided under section 5709.65 of	66200
the Revised Code with regard to the facility to which the	66201
certificate applies. If an enterprise is issued an initial	66202
certificate, it may apply, on or before the thirtieth day of April	66203
of each succeeding calendar year for which it has been granted an	66204
incentive under an agreement entered pursuant to section 5709.62,	66205
5709.63, or 5709.632 of the Revised Code, for a renewal	66206
certificate. Subsequent to its initial certification, the	66207
enterprise qualifies for up to three successive renewal	66208
certificates if, on or before the last day of the calendar year	66209
immediately preceding that in which the application is made, it	66210
satisfies all the requirements of divisions (A)(1) to (4) of this	66211
section, and neither the zone's designation nor the zone's	66212
certification has been revoked prior to the fifteenth day of June	66213
of the year in which the application is made. The application	66214
shall include an affidavit executed by the applicant verifying	66215
that the enterprise satisfies the requirements of division (A)(2)	66216
of this section. An enterprise with ten or more supervisory	66217
personnel at the facility to which a certificate applies qualifies	66218
for any subsequent renewal certificates only if it meets all of	66219
the foregoing requirements and, in addition, at least ten per cent	66220
of those supervisory personnel are employees who, when first hired	66221
by the enterprise, satisfied at least one of the criteria	66222
specified in divisions (A)(2)(a) to (e) of this section. If the	66223
enterprise qualifies, a renewal certificate shall be issued	66224
bearing as its date of issuance the thirtieth day of June of the	66225
year of application. The director shall send copies of the initial	66226
certificate, and each renewal certificate, by certified mail, to	66227
the enterprise, the tax commissioner, the board of county	66228
commissioners, and the chief executive of the municipal	66229
corporation in which the facility to which the certificate applies	66230
is located.	66231

(B) If the director determines that an enterprise is not	66232
qualified for an initial or renewal tax incentive qualification	66233
certificate, the director shall send notice of this determination,	66234
specifying the reasons for it, by certified mail, to the	66235
applicant, the tax commissioner, the board of county	66236
commissioners, and the chief executive of the municipal	66237
corporation in which the facility to which the certificate would	66238
have applied is located. Within thirty days after receiving such a	66239
notice, an enterprise may request, in writing, a hearing before	66240
the director for the purpose of reviewing the application and the	66241
reasons for the determination. Within sixty days after receiving a	66242
request for a hearing, the director shall afford one and, within	66243
thirty days after the hearing, shall issue a redetermination of	66244
the enterprise's qualification for a certificate. If the	66245
enterprise is found to be qualified, the director shall proceed in	66246
the manner provided under division (A) of this section. If the	66247
enterprise is found to be unqualified, the director shall send	66248
notice of this finding, by certified mail, to the applicant, the	66249
tax commissioner, the board of county commissioners, and the chief	66250
executive of the municipal corporation in which the facility to	66251
which the certificate would have applied is located. The	66252
director's redetermination that an enterprise is unqualified may	66253
be appealed to the board of tax appeals in the manner provided	66254
under section 5717.02 of the Revised Code.	66255

Sec. 5711.02.  Except as otherwise provided by section	66256
5711.13 of the Revised Code, each year, beginning in tax year	66257
2004, each taxpayer having taxable personal property with an	66258
aggregate taxable value in excess of ten thousand dollars shall	66259
make a return, annually, to the county auditor of each county in	66260
which any taxable property, which the taxpayer must return, is	66261
required by this chapter to be listed and. The taxpayer shall	66262
truly and correctly list thereinon the return all taxable	66263
property so required to be listed, including property exempt under	66264
division (C)(3) of section 5709.01 of the Revised Code. Such	66265
returns shall be made on the blanks prescribed by the tax	66266
commissioner, which the county auditor shall supply at histhe	66267
auditor's office along with blanks of the kind required for the	66268
county supplemental return required by section 5711.131 of the	66269
Revised Code for the use of taxpayers. The county auditor shall	66270
mail or distribute such blanks prior to the fifteenth day of	66271
February to all persons known to himthe auditor to be taxpayers	66272
and to all persons to whom the commissioner may direct blanks of	66273
either type to be mailed or distributed, and he. The county	66274
auditor may place listing and county supplemental blanks at	66275
convenient places in histhe county. The failure of a taxpayer to	66276
receive or procure blanks shall not excuse himthe taxpayer from	66277
making any return or county supplemental return. The individual	66278
required to make the return shall furnish all statements and	66279
documents, give all information required, answer all questions	66280
asked on the required blanks, and subscribe to the truth and	66281
correctness of all matters contained therein.	66282

Sec. 5711.13. ABeginning in tax year 2004, each taxpayer	66283
having taxable property with an aggregate taxable value in excess	66284
of ten thousand dollars and required to be listed in more than one	66285
county shall make a combined return to the tax commissioner	66286
listing all its taxable property in this state, in conformity with	66287
sections 5711.01 to 5711.36 of the Revised Code, including	66288
property exempt under division (C)(3) of section 5709.01 of the	66289
Revised Code, but itthe taxpayer shall not assign its property of	66290
the kinds mentioned in section 5709.02 of the Revised Code to any	66291
particular taxing district or county. The tax commissioner shall	66292
assess the personal property of such taxpayer in the several	66293
taxing districts in which it is required byto be assessed under	66294
sections 5711.01 to 5711.36 of the Revised Code, to be assessed,	66295
and shall issue assessment certificates therefor to the proper	66296
county auditors at the time and in the manner required by section	66297
5711.25 of the Revised Code. All other property of such taxpayer	66298
required to be so listed shall be entered on the intangible	66299
property tax list in the office of the treasurer of state, and	66300
taxedshall be subject to taxation under section 5707.03 of the	66301
Revised Code. The commissioner shall assess all other property of	66302
each such taxpayer and, on or before the second Monday of August	66303
annually, shall certify the total value or amount of each kind	66304
thereof to the treasurer of state, who shall enter the value or	66305
amount on the intangible property tax list in histhe treasurer of	66306
state's office in the manner provided in sections 5725.01 to	66307
5725.26 of the Revised Code. Sections 5711.01 to 5711.36 of the	66308
Revised Code shall apply to and govern such taxpayer, its proper	66309
officers and representatives, the commissioner, and the county	66310
auditor as to all proceedings in the assessment of the property of	66311
such taxpayer.	66312

Sec. 5711.18. (A) As used in this section:

66313

(1) "Qualifying manufacturing property" means machinery or	66314
equipment satisfying both of the following:	66315

(a) The machinery or equipment would qualify as a thing	66316
transferred and used primarily in a manufacturing operation for	66317
the purposes of division (E)(9) of section 5739.01 and section	66318
5739.011 of the Revised Code.	66319

(b) The machinery or equipment was first placed in service in	66320
this state on or after July 1, 2004, and has not been listed for	66321
taxation under this chapter, and was not required to have been so	66322
listed, for any tax year before tax year 2004.	66323

(2) "Phase-in percentage" means the percentage corresponding	66324
with each of the following tax years:	66325

(B) In the case of accounts receivable, the book value	66337
thereof less book reserves shall be listed and shall be taken as	66338
the true value thereof unless the assessor finds that such net	66339
book value is greater or less than the then true value of such	66340
accounts receivable in money. In	66341

(C) In the case of personal property used in business, the	66342
book value thereof less book depreciation at such time shall be	66343
listed, and such depreciated book valueone of the following	66344
values shall be listed and shall be taken as the true value of	66345
such property, unless the assessor finds that such depreciated	66346
book value is greater or less than the then true value of such	66347
property in money. Claim:	66348

(1) In the case of personal property other than qualifying	66349
manufacturing property, the book value of the property less book	66350
depreciation at the time of listing;	66351

(2) In the case of qualifying manufacturing property, the sum	66352
of the following:	66353

(a) The depreciated book value at which the property would be	66354
valued under division (C)(1) of this section if the property were	66355
valued at the lowest valuation percentage for the class life	66356
assigned to such property, as prescribed under the rules adopted	66357
by the tax commissioner for the purpose of valuing personal	66358
property used in business;	66359

(b) The phase-in percentage multiplied by the excess, if any,	66360
of (i) the book value of the property less book depreciation at	66361
the time of listing, as prescribed in such rules, over (ii) the	66362
value described in division (C)(2)(a) of this section.	66363

Nothing in this section shall cause the true value of	66364
qualifying manufacturing property for any tax year to exceed the	66365
book value of the property less book depreciation at the time of	66366
listing.	66367

(D) Claims for any deduction from net book value of accounts	66368
receivable or depreciated book value of personal property must be	66369
made in writing by the taxpayer at the time of making the	66370
taxpayer's return; and when such. If the return is made to the	66371
county auditor who is required by sections 5711.01 to 5711.36,	66372
inclusive, of the Revised Code, to transmit it to the tax	66373
commissioner for assessment, the auditor shall, as deputy of the	66374
commissioner, investigate such claim and shall enter thereon, or	66375
attach thereto, in such form as the commissioner prescribes, the	66376
auditor's findings and recommendations with respect thereto; when	66377
suchto the claim. If the return is made to the tax commissioner,	66378
suchthe claim for deduction from depreciated book value of	66379
personal property shall be referred to the auditor, as such	66380
deputy, of each county in which the property affected thereby is	66381
listed for investigation and report.	66382

(E) Any change in the method of determining true value, as	66383
prescribed by the tax commissioner on a prospective basis, shall	66384
not be admissible in any judicial or administrative action or	66385
proceeding as evidence of value with regard to prior years' taxes.	66386
Information about the business, property, or transactions of any	66387
taxpayer obtained by the commissioner for the purpose of adopting	66388
or modifying any such method shall not be subject to discovery or	66389
disclosure.	66390

Sec. 5711.22.  (A) Deposits not taxed at the source shall be	66391
listed and assessed at their amount in dollars on the day they are	66392
required to be listed. Moneys shall be listed and assessed at the	66393
amount thereof in dollars on hand on the day that they are	66394
required to be listed. In listing investments, the amount of the	66395
income yield of each for the calendar year next preceding the date	66396
of listing shall, except as otherwise provided in this chapter, be	66397
stated in dollars and cents and the assessment thereof shall be at	66398
the amount of such income yield; but any property defined as	66399
investments in either division (A) or (B) of section 5701.06 of	66400
the Revised Code that has not been outstanding for the full	66401
calendar year next preceding the date of listing, except shares of	66402
stock of like kind as other shares of the same corporation	66403
outstanding for the full calendar year next preceding the date of	66404
listing, or which has yielded no income during such calendar year	66405
shall be listed and assessed as unproductive investments, at their	66406
true value in money on the day that such investments are required	66407
to be listed.	66408

Credits and other taxable intangibles shall be listed and	66409
assessed at their true value in money on the day as of which the	66410
same are required to be listed.	66411

Shares of stock of a bank holding company, as defined in	66412
Title 12 U.S.C.A., section 1841, that are required to be listed	66413
for taxation under this division and upon which dividends were	66414
paid during the year of their issuance, which dividends are	66415
subject to taxation under the provisions of Chapter 5747. of the	66416
Revised Code, shall be exempt from the intangibles tax for the	66417
year immediately succeeding their issuance. If such shares bear	66418
dividends the first calendar year after their issuance, which	66419
dividends are subject to taxation under the provisions of Chapter	66420
5747. of the Revised Code, it shall be deemed that the	66421
nondelinquent intangible property tax pursuant to division (A) of	66422
section 5707.04 of the Revised Code was paid on those dividends	66423
paid that first calendar year after the issuance of the shares.	66424

(B)(1) Boilers, machinery, equipment, and personal property	66425
the true value of which is determined under division (B) of	66426
section 5711.21 of the Revised Code shall be listed and assessed	66427
at an amount equal to the sum of the products determined under	66428
divisions (B)(1)(a), (b), and (c) of this section.	66429

(a) Multiply the portion of the true value determined under	66430
division (B)(1) of section 5711.21 of the Revised Code by the	66431
assessment rate in division (F) of this section;	66432

(b) Multiply the portion of the true value determined under	66433
division (B)(2) of section 5711.21 of the Revised Code by the	66434
assessment rate in section 5727.111 of the Revised Code that is	66435
applicable to the production equipment of an electric company;	66436

(c) Multiply the portion of the true value determined under	66437
division (B)(3) of section 5711.21 of the Revised Code by the	66438
assessment rate in section 5727.111 of the Revised Code that is	66439
applicable to the property of an electric company that is not	66440
production equipment.	66441

(2) Personal property leased to a public utility or	66442
interexchange telecommunications company as defined in section	66443
5727.01 of the Revised Code and used directly in the rendition of	66444
a public utility service as defined in division (P) of section	66445
5739.01 of the Revised Code shall be listed and assessed at the	66446
same percentage of true value in money that such property is	66447
required to be assessed by section 5727.111 of the Revised Code if	66448
owned by the public utility or interexchange telecommunications	66449
company.	66450

(C)(1) Merchandise or an agricultural product shipped from	66451
outside this state and held in this state in a warehouse or a	66452
place of storage without further manufacturing or processing and	66453
for storage only and for shipment outside this state, but that is	66454
taxable because it does not qualify as "not used in business in	66455
this state" under division (B)(1) or (2) of section 5701.08 of the	66456
Revised Code, shall be listed and assessed at a rate of	66457
twenty-five one-hundredths of its true value in money until	66458
reduced in accordance with the following schedule:	66459

(a) For any year, subtract five one-hundredths from the rate	66460
at which such property was required to be listed and assessed in	66461
the preceding year, if the total statewide collection of all real	66462
and tangible personal property taxes for the second preceding year	66463
exceeded the total statewide collection of all real and tangible	66464
personal property taxes for the third preceding year by more than	66465
the greater of four per cent or the rate of increase from the	66466
third to the second preceding years in the average consumer price	66467
index (all urban consumers, all items) prepared by the bureau of	66468
labor statistics of the United States department of labor;	66469

(b) If no reduction in the assessment rate is made for a	66470
year, the rate is the same as for the preceding year.	66471

(2) Each year until the year the assessment rate equals zero,	66472
the tax commissioner shall determine the assessment rate required	66473
under this division and shall notify all county auditors of that	66474
rate.	66475

(3) Notwithstanding provisions to the contrary in division	66476
(B) of section 5701.08 of the Revised Code, during and after the	66477
year for which the assessment rate as calculated under this	66478
division equals zero, any merchandise or agricultural product	66479
shipped from outside this state and held in this state in any	66480
warehouse or place of storage, whether public or private, without	66481
further manufacturing or processing and for storage only and for	66482
shipment outside this state to any person for any purpose is not	66483
used in business in this state for property tax purposes.	66484

(D)(1) Merchandise or an agricultural product owned by a	66485
qualified out-of-state person shipped from outside this state and	66486
held in this state in a public warehouse without further	66487
manufacturing or processing and for temporary storage only and for	66488
shipment inside this state, but that is taxable because it does	66489
not qualify as "not used in business in this state" under division	66490
(B)(1) or (2) of section 5701.08 of the Revised Code, shall be	66491
listed and assessed at a rate of twenty-five one-hundredths of its	66492
true value in money until reduced in accordance with the following	66493
schedule:	66494

(a) For any year, subtract five one-hundredths from the rate	66495
at which such property was required to be listed and assessed in	66496
the preceding year, if the total statewide collection of all real	66497
and tangible personal property taxes for the second preceding year	66498
exceeded the total statewide collection of all real and tangible	66499
personal property taxes for the third preceding year by more than	66500
the greater of four per cent or the rate of increase from the	66501
third to the second preceding years in the average consumer price	66502
index (all urban consumers, all items) prepared by the bureau of	66503
labor statistics of the United States department of labor;	66504

(b) If no reduction in the assessment rate is made for a	66505
year, the rate is the same as for the preceding year.	66506

(2) Each year until the year the assessment rate equals zero,	66507
the tax commissioner shall determine the assessment rate required	66508
under this division and shall notify all county auditors of that	66509
rate.	66510

(3) Notwithstanding provisions to the contrary in division	66511
(B) of section 5701.08 of the Revised Code, during and after the	66512
year for which the assessment rate as calculated under this	66513
division equals zero, any merchandise or agricultural product	66514
described in division (D)(1) of this section is not used in	66515
business in this state for property tax purposes.	66516

(4) As used in division (D) of this section:

66517

(a) "Qualified out-of-state person" means a person that does	66518
not own, lease, or use property, other than merchandise or an	66519
agricultural product described in this division, in this state,	66520
and does not have employees, agents, or representatives in this	66521
state;	66522

(b) "Public warehouse" means a warehouse in this state that	66523
is not subject to the control of or under the supervision of the	66524
owner of the merchandise or agricultural product stored in it, or	66525
staffed by the owner's employees, and from which the property is	66526
to be shipped inside this state.	66527

(E) Personal property valued pursuant to section 5711.15 of	66528
the Revised Code and personal property required to be listed on	66529
the average basis by division (A) of section 5711.16 of the	66530
Revised Code, except property described in division (C) or (D) of	66531
this section, business fixtures, and furniture not held for sale	66532
in the course of business, shall be listed and assessed at the	66533
rate of twenty-five per cent of its true value in money until	66534
reduced to zero in accordance with the following schedule:	66535

(1) Beginning in tax year 2002 and for each of tax years	66536
2003,and 2004, 2005, and 2006, subtract one percentage point from	66537
the rate at which the property was required to be listed and	66538
assessed in the preceding year, if the total statewide collection	66539
of tangible personal property taxes for the second preceding year	66540
exceeded the total statewide collection of tangible personal	66541
property taxes for the third preceding year. If no reduction in	66542
the assessment rate is made for a year, the rate is the same as	66543
for the preceding year. For purposes of this division, total	66544
statewide collection of tangible personal property taxes excludes	66545
taxes collected from public utilities and interexchange	66546
telecommunications companies on property that is determined to be	66547
taxable pursuant to section 5727.06 of the Revised Code.	66548

(2) In tax year 2007, the assessment rate shall be the lesser	66549
of twenty-four per cent or one percentage point less than the rate	66550
at which property was required to be listed and assessed the	66551
preceding year. Each2005 and each tax year thereafter, the	66552
assessment rate shall be reduced by onetwo percentage point until	66553
it equals zero per cent not later than tax year 2031points, if	66554
the total statewide collection of tangible personal property taxes	66555
for the second preceding year exceeded the total statewide	66556
collection of tangible personal property taxes for the third	66557
preceding year. If no reduction in the assessment rate is made for	66558
a year, the rate is the same as for the preceding year. During and	66559
after the tax year that the assessment rate equals zero, the	66560
property described in division (E) of this section shall not be	66561
listed for taxation.	66562

Each year until the year the assessment rate equals zero, the	66563
tax commissioner shall determine the assessment rate required	66564
under this division and shall notify all county auditors of that	66565
rate.	66566

For purposes of division (E) of this section, "total	66567
statewide collection of tangible person property taxes" excludes	66568
taxes collected from public utilities and interexchange	66569
telecommunications companies on property that is determined to be	66570
taxable pursuant to section 5727.06 of the Revised Code.	66571

(F) Unless otherwise provided by law, all other personal	66572
property used in business that has not been legally regarded as an	66573
improvement on land and considered in arriving at the value of the	66574
real property assessed for taxation shall be listed and assessed	66575
at the rate of twenty-five per cent of its true value in money.	66576

Sec. 5711.27.  No taxpayer shall fail to make a return within	66577
the time prescribed by law, or as extended pursuant to section	66578
5711.04 of the Revised Code, nor fail to list in a return or	66579
disclose on an accompanying balance sheet or in other information	66580
filed with the return any item of taxable property which hethe	66581
taxpayer is required byto list in the return under sections	66582
5711.01 to 5711.36 of the Revised Code, to list therein.	66583

If any taxpayer does so fail the following shall apply:

66584

(A) In the case of a taxpayer who fails to make a timely	66585
return, the assessor shall add to the taxpayer's assessment as a	66586
penalty, one-half of the taxpayer's taxable value that is exempt	66587
from taxation under division (C)(3) of section 5709.01 of the	66588
Revised Code. If the taxpayer's taxable value that is exempt from	66589
taxation under division (C)(3) of section 5709.01 of the Revised	66590
Code is located in more than one taxing district, the penalty	66591
assessment shall be applied among taxing districts as if only five	66592
thousand dollars, or one-half of the taxpayer's taxable valuation,	66593
whichever is less, had been exempt from taxation under such	66594
division.	66595

(B) In the case of a taxpayer who fails to make a timely	66596
return, or fails to list or disclose any item hethe taxpayer is	66597
required to return, the assessor shall add to the assessment of	66598
each class or item of taxable property which the taxpayer failed	66599
to return, list, or disclose and to any amount added under	66600
division (A) of this section, a penalty of up to fifty per cent	66601
thereofof the assessment; but if such taxpayer makes, within	66602
sixty days after the expiration of the time prescribed by such	66603
sections, a return or an amended or supplementary return and lists	66604
therein or discloses on an accompanying balance sheet or in other	66605
information filed with the return all items of taxable property	66606
which hethe taxpayer is required by such sections to list, and in	66607
all cases in which the taxpayer's only default is histhe failure	66608
to pay the amounts specified in section 5719.02 of the Revised	66609
Code within the time therein specified, such penalty shall be five	66610
per cent of the assessment, and, if the assessment certificate has	66611
been issued, an amended assessment certificate shall be issued and	66612
substituted therefor.	66613

Either or both of the penaltiesThe penalty provided in this	66614
section may be abated in whole or in part by the assessor when it	66615
is shown that such failure is due to reasonable cause. The penalty	66616
assessment shall be entered on the proper tax list and duplicate,	66617
and taxes shall be levied thereon the same as on the assessment	66618
itself.	66619

If any taxpayer does so fail with respect to a return	66620
required to be filed for tax year 1982 or any prior year, the	66621
assessor shall add to the assessment of each class or item of	66622
taxable property which the taxpayer failed to return, list or	66623
disclose in addition to the penalties provided by law, an	66624
additional charge at the rate of one-half of one per cent per	66625
month from the date such property should have been returned or	66626
disclosed until the same is assessed, provided that said	66627
additional charge shall not be added to an assessment for any	66628
period of time in excess of ten years previous to the date of the	66629
assessment.	66630

A fiduciary against whom a penalty assessment is made shall	66631
be personally liable for the amount of taxes levied in respect to	66632
such penalty assessment and any additional charge, and in case of	66633
fraud or intent to evade taxes, such fiduciary shall have no right	66634
of reimbursement against the property held by himthe fiduciary as	66635
such fiduciary nor against the person for whose benefit the same	66636
is held.	66637

Sec. 5711.33.  (A)(1) When a county treasurer receives a	66638
certificate from a county auditor pursuant to division (A) of	66639
section 5711.32 of the Revised Code charging the treasurer with	66640
the collection of an amount of taxes due as the result of a	66641
deficiency assessment, the treasurer shall immediately prepare and	66642
mail a tax bill to the taxpayer owing such tax. The tax bill shall	66643
contain the name of the taxpayer; the taxable value, tax rate, and	66644
taxes charged for each year being assessed; the total amount of	66645
taxes due; the final date payment may be made without additional	66646
penalty; and any other information the treasurer considers	66647
pertinent or necessary. Taxes due and payable as a result of a	66648
deficiency assessment, less any amount specifically excepted from	66649
collection under division (B) of section 5711.32 of the Revised	66650
Code, shall be paid with interest thereon as prescribed by section	66651
5719.041 of the Revised Code on or before the sixtieth day	66652
following the date of issuance of the certificate by the county	66653
auditor. The balance of taxes found due and payable after a final	66654
determination by the tax commissioner or a final judgment of the	66655
board of tax appeals or any court to which such final judgment may	66656
be appealed, shall be paid with interest thereon as prescribed by	66657
section 5719.041 of the Revised Code on or before the sixtieth day	66658
following the date of certification by the auditor to the	66659
treasurer pursuant to division (C) of section 5711.32 of the	66660
Revised Code of such final determination or judgment. Such final	66661
dates for payment shall be determined and exhibited on the tax	66662
bill by the treasurer.	66663

(2) If, on or before the sixtieth day following the date of a	66664
certification of a deficiency assessment under division (A) of	66665
section 5711.32 of the Revised Code or of a certification of a	66666
final determination or judgment under division (C) of section	66667
5711.32 of the Revised Code, the taxpayer pays the full amount of	66668
taxes and interest due at the time of the receipt of certification	66669
with respect to that assessment, determination, or judgment, no	66670
interest shall accrue or be charged with respect to that	66671
assessment, determination, or judgment for the period that begins	66672
on the first day of the month in which the certification is made	66673
and that ends on the last day of the month preceding the month in	66674
which such sixtieth day occurs.	66675

(B) When the taxes charged, as mentioned in division (A) of	66676
this section, are not paid within the time prescribed by such	66677
division, a penalty of ten per cent of the amount due and unpaid	66678
and interest for the period described in division (A)(2) of this	66679
section shall accrue at the time the treasurer closes the	66680
treasurer's office for business on the last day so prescribed, but	66681
if the taxes are paid within ten days subsequent to the last day	66682
prescribed, the treasurer shall waive the collection of and the	66683
auditor shall remit one-half of the penalty. The treasurer shall	66684
not thereafter accept less than the full amount of taxes and	66685
penalty except as otherwise authorized by law. Such penalty shall	66686
be distributed in the same manner and at the same time as the tax	66687
upon which it has accrued. The whole amount collected shall be	66688
included in the next succeeding settlement of appropriate taxes.	66689

(C) When the taxes charged, as mentioned in division (A) of	66690
this section, remain unpaid after the final date for payment	66691
prescribed by such division, such charges shall be deemed to be	66692
delinquent taxes. The county auditor shall cause such charges,	66693
including the penalty that has accrued pursuant to this section,	66694
to be added to the delinquent tax duplicate in accordance with	66695
section 5719.04 of the Revised Code.	66696

(D) The county auditor, upon consultation with the county	66697
treasurer, shall remit a penalty imposed under division (B) of	66698
this section or division (C) of section 5719.03 of the Revised	66699
Code for the late payment of taxes when:	66700

(1) The taxpayer could not make timely payment of the tax	66701
because of the negligence or error of the county auditor or county	66702
treasurer in the performance of a statutory duty relating to the	66703
levy or collection of such tax.	66704

(2) In cases other than those described in division (D)(1) of	66705
this section, the taxpayer failed to receive a tax bill or a	66706
correct tax bill, and the taxpayer made a good faith effort to	66707
obtain such bill within thirty days after the last day for payment	66708
of the tax.	66709

(3) The tax was not timely paid because of the death or	66710
serious injury of the taxpayer, or the taxpayer's confinement in a	66711
hospital within sixty days preceding the last day for payment of	66712
the tax if, in any case, the tax was subsequently paid within	66713
sixty days after the last day for payment of such tax.	66714

(4) The taxpayer demonstrates to the satisfaction of the	66715
auditor that the full payment was properly deposited in the mail	66716
in sufficient time for the envelope to be postmarked by the United	66717
States postal service on or before the last day for payment of	66718
such tax. A private meter postmark on an envelope is not a valid	66719
postmark for purposes of establishing the date of payment of such	66720
tax.	66721

(5) In cases other than those described in divisions (D)(1)	66722
to (4) of this section, the taxpayer's failure to make timely	66723
payment of the tax is due to reasonable cause and not willful	66724
neglect.	66725

(E) The taxpayer, upon application within sixty days after	66726
the mailing of the county auditor's decision, may request the tax	66727
commissioner to review the denial of the remission of a penalty by	66728
the county auditor. The application may be filed in person or by	66729
certified mail. If the application is filed by certified mail, the	66730
date of the United States postmark placed on the sender's receipt	66731
by the postal service shall be treated as the date of filing. The	66732
commissioner shall consider the application, determine whether the	66733
penalty should be remitted, and certify the determination to the	66734
taxpayer and to the county treasurer and county auditor, who shall	66735
correct the tax list and duplicate accordingly. The commissioner	66736
shallmay issue orders and instructions for the uniform	66737
implementation of this section by all county auditors and county	66738
treasurers, and such orders and instructions shall be followed by	66739
such officers.	66740

Sec. 5713.07.  The county auditor, at the time of making the	66741
assessment of real property subject to taxation, shall enter in a	66742
separate list pertinent descriptions of all burying grounds,	66743
public schoolhouses, houses used exclusively for public worship,	66744
institutions of purely public charity, real property used	66745
exclusively for a home for the aged, as defined in section 5701.13	66746
of the Revised Code, and public buildings and property used	66747
exclusively for any public purpose, and any other property, with	66748
the lot or tract of land on which such house, institution, or	66749
public building, or other property is situated, and which are	66750
exempthave been exempted from taxation by either the tax	66751
commissioner under section 5715.27 of the Revised Code or by the	66752
housing officer under section 3735.67 of the Revised Code. HeThe	66753
auditor shall value such houses, buildings, property, and lots and	66754
tracts of land at their taxable value in the same manner as hethe	66755
auditor is required to value other real property, designating in	66756
each case the township, municipal corporation, and number of the	66757
school district, or the name or designation of the school,	66758
religious society, or institution to which each house, lot, or	66759
tract belongs. If such property is held and used for other public	66760
purposes, hethe auditor shall state by whom or how it is held.	66761

Sec. 5713.08.  (A) The county auditor shall make a list of	66762
all real and personal property in the auditor's county, including	66763
money, credits, and investments in bonds, stocks, or otherwise,	66764
which is exempted from taxation. Such list shall show the name of	66765
the owner, the value of the property exempted, and a statement in	66766
brief form of the ground on which such exemption has been granted.	66767
It shall be corrected annually by adding thereto the items of	66768
property which have been exempted during the year, and by striking	66769
therefrom the items which in the opinion of the auditor have lost	66770
their right of exemption and which have been reentered on the	66771
taxable list. No additions shall be made to such exempt lists and	66772
no additional items of property shall be exempted from taxation	66773
without the consent of the tax commissioner as is provided for in	66774
section 5715.27 of the Revised Code, but whenor without the	66775
consent of the housing officer under section 3735.67 of the	66776
Revised Code. When any personal property or endowment fund of an	66777
institution has once been held by the commissioner to be properly	66778
exempt from taxation, it is not necessary to obtain the	66779
commissioner's consent to the exemption of additional property or	66780
investments of the same kind belonging to the same institution,	66781
but such property shall appear on the abstract filed annually with	66782
the commissioner. The commissioner may revise at any time the list	66783
in every county so that no property is improperly or illegally	66784
exempted from taxation. The auditor shall follow the orders of the	66785
commissioner given under this section. An abstract of such list	66786
shall be filed annually with the commissioner, on a form approved	66787
by the commissioner, and a copy thereof shall be kept on file in	66788
the office of each auditor for public inspection.	66789

The commissioner shall not consider an application for	66790
exemption of property unless the application has attached thereto	66791
a certificate executed by the county treasurer certifying one of	66792
the following:	66793

(1) That all taxes, assessments, interest, and penalties	66794
levied and assessed against the property sought to be exempted	66795
have been paid in full to the date upon which the application for	66796
exemption is filed, except for such taxes, interest, and penalties	66797
that may be remitted under division (B) of this section;	66798

(2) That the applicant has entered into a valid delinquent	66799
tax contract with the county treasurer pursuant to division (A) of	66800
section 323.31 of the Revised Code to pay all of the delinquent	66801
taxes, assessments, interest, and penalties charged against the	66802
property, except for such taxes, interest, and penalties that may	66803
be remitted under division (B) of this section. If the auditor	66804
receives notice under section 323.31 of the Revised Code that such	66805
a written delinquent tax contract has become void, the auditor	66806
shall strike such property from the list of exempted property and	66807
reenter such property on the taxable list. If property is removed	66808
from the exempt list because a written delinquent tax contract has	66809
become void, current taxes shall first be extended against that	66810
property on the general tax list and duplicate of real and public	66811
utility property for the tax year in which the auditor receives	66812
the notice required by division (A) of section 323.31 of the	66813
Revised Code that the delinquent tax contract has become void or,	66814
if that notice is not timely made, for the tax year in which falls	66815
the latest date by which the treasurer is required by such section	66816
to give such notice. A county auditor shall not remove from any	66817
tax list and duplicate the amount of any unpaid delinquent taxes,	66818
assessments, interest, or penalties owed on property that is	66819
placed on the exempt list pursuant to this division.	66820

(3) That a tax certificate has been issued under section	66821
5721.32 or 5721.33 of the Revised Code with respect to the	66822
property that is the subject of the application, and the tax	66823
certificate is outstanding.	66824

(B) Any taxes, interest, and penalties which have become a	66825
lien after the property was first used for the exempt purpose, but	66826
in no case prior to the date of acquisition of the title to the	66827
property by the applicant, may be remitted by the commissioner,	66828
except as is provided in division (A) of section 5713.081 of the	66829
Revised Code.	66830

(C) Real property acquired by the state in fee simple is	66831
exempt from taxation from the date of acquisition of title or date	66832
of possession, whichever is the earlier date, provided that all	66833
taxes, interest, and penalties as provided in the apportionment	66834
provisions of section 319.20 of the Revised Code have been paid to	66835
the date of acquisition of title or date of possession by the	66836
state, whichever is earlier. The proportionate amount of taxes	66837
that are a lien but not yet determined, assessed, and levied for	66838
the year in which the property is acquired, shall be remitted by	66839
the county auditor for the balance of the year from date of	66840
acquisition of title or date of possession, whichever is earlier.	66841
This section shall not be construed to authorize the exemption of	66842
such property from taxation or the remission of taxes, interest,	66843
and penalties thereon until all private use has terminated.	66844

Sec. 5713.081. (A) No application for real property tax	66845
exemption and tax remission shall be filed with, or considered by,	66846
the tax commissioner in which tax remission is requested for more	66847
than three tax years, and the commissioner shall not remit more	66848
than three years' delinquent taxes, penalties, and interest.	66849

(B) All taxes, penalties, and interest, that have been	66850
delinquent for more than three years, appearing on the general tax	66851
list and duplicate of real property which have been levied and	66852
assessed against parcels of real property owned by the state, any	66853
political subdivision, or any other entity whose ownership of real	66854
property would constitute public ownership, shall be collected by	66855
the county auditor of the county where the real property is	66856
located. Such officialauditor shall deduct from each distribution	66857
made by himthe auditor, the amount necessary to pay the tax	66858
delinquency from any revenues or funds to the credit of the state,	66859
any political subdivision, or any other entity whose ownership of	66860
real property would constitute public ownership thereof, passing	66861
under histhe auditor's control, or which come into histhe	66862
auditor's possession, and such deductions shall be made on a	66863
continuing basis until all delinquent taxes, penalties, and	66864
interest noted in this section have been paid.	66865

(C) As used in division (B) of this section, "political	66866
subdivision" includes townships, municipalities, counties, school	66867
districts, boards of education, all state and municipal	66868
universities, park boards, and any other entity whose ownership of	66869
real property would constitute public ownership.	66870

Sec. 5713.082.  (A) Whenever the county auditor reenters an	66871
item of property to the tax list as provided in section 5713.08 of	66872
the Revised Code and there has been no conveyance of the property	66873
between separate entities, the auditor shall send notice by	66874
certified mail to the owner of the property that it is now subject	66875
to property taxation as a result of such action. The auditor shall	66876
send the notice at the same time hethe auditor certifies the real	66877
property tax duplicate to the county treasurer. The notice shall	66878
describe the property and indicate that the owner may reapply for	66879
tax exemption by filing an application for exemption as provided	66880
in section 5715.27 of the Revised Code, and that failure to file	66881
such an application within the proper time period will result in	66882
the owner having to pay the taxes even if the property continued	66883
to be used for an exempt purpose.	66884

(B) If the auditor failed to send the notice required by this	66885
section, and if the owner of the property subsequently files an	66886
application for tax exemption for the property for the current tax	66887
year, the tax commissioner may grant exemption to the property,	66888
and hethe commissioner shall remit all unpaid taxes and penalties	66889
for each prior year since the property was reentered on the tax	66890
list notwithstanding the provisions of division (A) of section	66891
5713.081 of the Revised Code.	66892

Sec. 5713.30.  As used in sections 5713.31 to 5713.37 and	66893
5715.01 of the Revised Code:	66894

(A) "Land devoted exclusively to agricultural use" means:

66895

(1) Tracts, lots, or parcels of land totaling not less than	66896
ten acres that, during the three calendar years prior to the year	66897
in which application is filed under section 5713.31 of the Revised	66898
Code, and through the last day of May of such year, were devoted	66899
exclusively to commercial animal or poultry husbandry,	66900
aquaculture, apiculture, the production for a commercial purpose	66901
of timber, field crops, tobacco, fruits, vegetables, nursery	66902
stock, ornamental trees, sod, or flowers, or the growth of timber	66903
for a noncommercial purpose, if the land on which the timber is	66904
grown is contiguous to or part of a parcel of land under common	66905
ownership that is otherwise devoted exclusively to agricultural	66906
use, or were devoted to and qualified for payments or other	66907
compensation under a land retirement or conservation program under	66908
an agreement with an agency of the federal government;	66909

(2) Tracts, lots, or parcels of land totaling less than ten	66910
acres that, during the three calendar years prior to the year in	66911
which application is filed under section 5713.31 of the Revised	66912
Code and through the last day of May of such year, were devoted	66913
exclusively to commercial animal or poultry husbandry,	66914
aquaculture, apiculture, the production for a commercial purpose	66915
of field crops, tobacco, fruits, vegetables, timber, nursery	66916
stock, ornamental trees, sod, or flowers where such activities	66917
produced an average yearly gross income of at least twenty-five	66918
hundred dollars during such three-year period or where there is	66919
evidence of an anticipated gross income of such amount from such	66920
activities during the tax year in which application is made, or	66921
were devoted to and qualified for payments or other compensation	66922
under a land retirement or conservation program under an agreement	66923
with an agency of the federal government;	66924

(3) A tract, lot, or parcel of land taxed under sections	66925
5713.22 to 5713.26 of the Revised Code is not land devoted	66926
exclusively to agricultural use;	66927

(4) Tracts, lots, or parcels of land, or portions thereof	66928
whichthat, during the previous three consecutive calendar years	66929
have been designated as land devoted exclusively to agricultural	66930
use, but such land has been lying idle or fallow for up to one	66931
year and no action has occurred to such land that is either	66932
inconsistent with the return of it to agricultural production or	66933
converts the land devoted exclusively to agricultural use as	66934
defined in this section. Such land shall remain designated as land	66935
devoted exclusively to agricultural use provided that beyond one	66936
year, but less than three years, the landowner proves good cause	66937
as determined by the board of revision.	66938

"Land devoted exclusively to agricultural use" includes	66939
tracts, lots, or parcels of land or portions thereof that are used	66940
for conservation practices, provided that the tracts, lots, or	66941
parcels of land or portions thereof comprise twenty-five per cent	66942
or less of the total of the tracts, lots, or parcels of land that	66943
satisfy the criteria established in division (A)(1), (2), or (4)	66944
of this section together with the tracts, lots, or parcels of land	66945
or portions thereof that are used for conservation practices.	66946

(B) "Conversion of land devoted exclusively to agricultural	66947
use" means any of the following:	66948

(1) The failure of the owner of land devoted exclusively to	66949
agricultural use during the next preceding calendar year to file a	66950
renewal application under section 5713.31 of the Revised Code	66951
without good cause as determined by the board of revision;	66952

(2) The failure of the new owner of such land to file an	66953
initial application under that section without good cause as	66954
determined by the board of revision;	66955

(3) The failure of such land or portion thereof to qualify as	66956
land devoted exclusively to agricultural use for the current	66957
calendar year as requested by an application filed under such	66958
section;	66959

(4) The failure of the owner of the land described in	66960
division (A)(4) of this section to act on such land in a manner	66961
that is consistent with the return of the land to agricultural	66962
production after three years.	66963

(C) "Tax savings" means the difference between the dollar	66964
amount of real property taxes levied in any year on land valued	66965
and assessed in accordance with its current agricultural use value	66966
and the dollar amount of real property taxes whichthat would have	66967
been levied upon such land if it had been valued and assessed for	66968
such year in accordance with Section 2 of Article XII, Ohio	66969
Constitution.	66970

(D) "Owner" includes, but is not limited to, any person	66971
owning a fee simple, fee tail, or life estate, or a buyer on a	66972
land installment contract.	66973

(E) "Conservation practices" includes, but is not limited to,	66974
the installation, construction, development, planting, or use of	66975
grass waterways, terraces, diversions, filter strips, field	66976
borders, windbreaks, riparian buffers, wetlands, ponds, and cover	66977
crops to abate soil erosion.	66978

(F) "Wetlands" has the same meaning as in section 6111.02 of	66979
the Revised Code.	66980

Sec. 5715.27.  (A) TheExcept as provided in section 3735.67	66981
of the Revised Code, the owner of any property may file an	66982
application with the tax commissioner, on forms prescribed by the	66983
commissioner, requesting that such property be exempted from	66984
taxation and that unpaid taxes and penalties be remitted as	66985
provided in division (B) of section 5713.08 of the Revised Code.	66986

(B) The board of education of any school district may request	66987
the tax commissioner to provide it with notification of	66988
applications for exemption from taxation for property located	66989
within that district. If so requested, the commissioner shall send	66990
to the board for the quarters ending on the last day of March,	66991
June, September, and December of each year, reports that contain	66992
sufficient information to enable the board to identify each	66993
property that is the subject of an exemption application,	66994
including, but not limited to, the name of the property owner or	66995
applicant, the address of the property, and the auditor's parcel	66996
number. The commissioner shall mail the reports on or about the	66997
fifteenth day of the month following the end of the quarter.	66998

(C) A board of education that has requested notification	66999
under division (B) of this section may, with respect to any	67000
application for exemption of property located in the district and	67001
included in the commissioner's most recent report provided under	67002
that division, file a statement with the commissioner and with the	67003
applicant indicating its intent to submit evidence and participate	67004
in any hearing on the application. The statements shall be filed	67005
prior to the first day of the third month following the end of the	67006
quarter in which that application was docketed by the	67007
commissioner. A statement filed in compliance with this division	67008
entitles the district to submit evidence and to participate in any	67009
hearing on the property and makes the district a party for	67010
purposes of sections 5717.02 to 5717.04 of the Revised Code in any	67011
appeal of the commissioner's decision to the board of tax appeals.	67012

(D) The commissioner shall not hold a hearing on or grant or	67013
deny an application for exemption of property in a school district	67014
whose board of education has requested notification under division	67015
(B) of this section until the end of the period within which the	67016
board may submit a statement with respect to that application	67017
under division (C) of this section. The commissioner may act upon	67018
an application at any time prior to that date upon receipt of a	67019
written waiver from each such board of education, or, in the case	67020
of exemptions authorized by section 725.02, 1728.10, 3735.67,	67021
5709.41, 5709.62, or 5709.63 of the Revised Code, upon the request	67022
of the property owner. Failure of a board of education to receive	67023
the report required in division (B) of this section shall not void	67024
an action of the commissioner with respect to any application. The	67025
commissioner may extend the time for filing a statement under	67026
division (C) of this section.	67027

(E) A complaint may also be filed with the commissioner by	67028
any person, board, or officer authorized by section 5715.19 of the	67029
Revised Code to file complaints with the county board of revision	67030
against the continued exemption of any property granted exemption	67031
by the commissioner under this section.	67032

(F) An application for exemption and a complaint against	67033
exemption shall be filed prior to the thirty-first day of December	67034
of the tax year for which exemption is requested or for which the	67035
liability of anythe property to taxation in that year is	67036
requested. The commissioner shall consider such application or	67037
complaint in accordance with procedures established by the	67038
commissioner, determine whether the property is subject to	67039
taxation or exempt therefrom, and certify the commissioner's	67040
findings to the auditor, who shall correct the tax list and	67041
duplicate accordingly. If a tax certificate has been sold under	67042
section 5721.32 or 5721.33 of the Revised Code with respect to	67043
property for which an exemption has been requested, the tax	67044
commissioner shall also certify the findings to the county	67045
treasurer of the county in which the property is located.	67046

(G) Applications and complaints, and documents of any kind	67047
related to applications and complaints, filed with the tax	67048
commissioner under this section, are public records within the	67049
meaning of section 149.43 of the Revised Code.	67050

(H) If the commissioner determines that the use of property	67051
or other facts relevant to the taxability of property that is the	67052
subject of an application for exemption or a complaint under this	67053
section has changed while the application or complaint was	67054
pending, the commissioner may make the determination under	67055
division (F) of this section separately for each tax year	67056
beginning with the year in which the application or complaint was	67057
filed or the year for which remission of unpaid taxes under	67058
division (B) of section 5713.08 of the Revised Code was requested,	67059
and including each subsequent tax year during which the	67060
application or complaint is pending before the commissioner.	67061

Sec. 5715.39. (A) The tax commissioner may remit real	67062
property taxes, manufactured home taxes, penalties, and interest	67063
found by the commissioner to have been illegally assessed. The	67064
commissioner also may remit any penalty charged against any real	67065
property or manufactured or mobile home that was the subject of an	67066
application for exemption from taxation under section 5715.27 of	67067
the Revised Code if the commissioner determines that the applicant	67068
requested such exemption in good faith. The commissioner shall	67069
include notice of the remission in the commissioner's	67070
certification to the county auditor required under that section.	67071

(B) The commissioner, on application by a taxpayercounty	67072
auditor, upon consultation with the county treasurer, shall remit	67073
a penalty for late payment of any real property taxes or	67074
manufactured home taxes when:	67075

(A)(1) The taxpayer could not make timely payment of the tax	67076
because of the negligence or error of the county auditor or county	67077
treasurer in the performance of a statutory duty relating to the	67078
levy or collection of such tax.	67079

(B)(2) In cases other than those described in division	67080
(A)(B)(1) of this section, the taxpayer failed to receive a tax	67081
bill or a correct tax bill, and the taxpayer made a good faith	67082
effort to obtain such bill within thirty days after the last day	67083
for payment of the tax.	67084

(C)(3) The tax was not timely paid because of the death or	67085
serious injury of the taxpayer, or the taxpayer's confinement in a	67086
hospital within sixty days preceding the last day for payment of	67087
the tax if, in any case, the tax was subsequently paid within	67088
sixty days after the last day for payment of such tax.	67089

(D)(4) The taxpayer demonstrates to the satisfaction of the	67090
commissioner that the full payment was properly deposited in the	67091
mail in sufficient time for the envelope to be postmarked by the	67092
United States postal service on or before the last day for payment	67093
of such tax. A private meter postmark on an envelope is not a	67094
valid postmark for purposes of establishing the date of payment of	67095
such tax.	67096

(5) In cases other than those described in division (B)(1) to	67097
(4) of this section, the taxpayer's failure to make timely payment	67098
of the tax is due to reasonable cause and not willful neglect.	67099

(C) The taxpayer, upon application within sixty days after	67100
the mailing of the county auditor's decision, may request the tax	67101
commissioner to review the denial of the remission of a penalty by	67102
the auditor. The application may be filed in person or by	67103
certified mail. If the application is filed by certified mail, the	67104
date of the United States postmark placed on the sender's receipt	67105
by the postal service shall be treated as the date of filing. The	67106
commissioner shall consider the application, determine whether the	67107
penalty should be remitted, and certify the determination to the	67108
taxpayer, to the county treasurer, and to the county auditor, who	67109
shall correct the tax list and duplicate accordingly. The	67110
commissioner may issue orders and instructions for the uniform	67111
implementation of this section by all county auditors and county	67112
treasurers, and such orders and instructions shall be followed by	67113
such officers.	67114

(D) This section shall not provide to the taxpayer any remedy	67115
with respect to any matter that the taxpayer may be authorized to	67116
complain of under section 4503.06, 5715.19, 5717.02, andor	67117
5727.47 of the Revised Code.	67118

(E) Applications for remission, and documents of any kind	67119
related to those applications, filed with the tax commissioner	67120
under this section, are public records within the meaning of	67121
section 149.43 of the Revised Code, unless otherwise excepted	67122
under that section.	67123

Sec. 5717.011.  (A) As used in this chapter, "tax	67124
administrator" has the same meaning as in section 718.01 of the	67125
Revised Code.	67126

(B) Appeals from a municipal board of appeal created under	67127
section 718.11 of the Revised Code may be taken by the taxpayer or	67128
the tax administrator to the board of tax appeals or may be taken	67129
by the taxpayer or the tax administrator to a court of common	67130
pleas as otherwise provided by law. If the taxpayer or the tax	67131
administrator elects to make an appeal to the board of tax appeals	67132
or court of common pleas, the appeal shall be taken by the filing	67133
of a notice of appeal with the board of tax appeals or court of	67134
common pleas, the municipal board of appeal, and the opposing	67135
party. The notice of appeal shall be filed within sixty days after	67136
the day the appellant receives notice of the decision issued under	67137
section 718.11 of the Revised Code. The notice of appeal may be	67138
filed in person or by certified mail, express mail, or authorized	67139
delivery service as provided in section 5703.056 of the Revised	67140
Code. If the notice of appeal is filed by certified mail, express	67141
mail, or authorized delivery service as provided in section	67142
5703.056 of the Revised Code, the date of the United States	67143
postmark placed on the sender's receipt by the postal service or	67144
the date of receipt recorded by the authorized delivery service	67145
shall be treated as the date of filing. The notice of appeal shall	67146
have attached thereto and incorporated therein by reference a true	67147
copy of the decision issued under section 718.11 of the Revised	67148
Code and shall specify the errors therein complained of, but	67149
failure to attach a copy of such notice and incorporate it by	67150
reference in the notice of appeal does not invalidate the appeal.	67151

(C) Upon the filing of a notice of appeal with the board of	67152
tax appeals, the municipal board of appeal shall certify to the	67153
board of tax appeals a transcript of the record of the proceedings	67154
before it, together with all evidence considered by it in	67155
connection therewith. Such appeals may be heard by the board at	67156
its office in Columbus or in the county where the appellant	67157
resides, or it may cause its examiners to conduct such hearings	67158
and to report to it their findings for affirmation or rejection.	67159
The board may order the appeal to be heard upon the record and the	67160
evidence certified to it by the administrator, but upon the	67161
application of any interested party the board shall order the	67162
hearing of additional evidence, and the board may make such	67163
investigation concerning the appeal as it considers proper.	67164

Sec. 5717.03. (A) A decision of the board of tax appeals on	67165
an appeal filed with it pursuant to section 5717.01, 5717.011, or	67166
5717.02 of the Revised Code shall be entered of record on the	67167
journal together with the date when the order is filed with the	67168
secretary for journalization.	67169

(B) In case of an appeal from a decision of a county board of	67170
revision, the board of tax appeals shall determine the taxable	67171
value of the property whose valuation or assessment by the county	67172
board of revision is complained of, or in the event the complaint	67173
and appeal is against a discriminatory valuation, shall determine	67174
a valuation which shall correct such discrimination, and shall	67175
determine the liability of the property for taxation, if that	67176
question is in issue, and itsthe board of tax appeals's decision	67177
and the date when it was filed with the secretary for	67178
journalization shall be certified by itthe board by certified	67179
mail to all persons who were parties to the appeal before itthe	67180
board, to the person in whose name the property is listed, or	67181
sought to be listed, if such person is not a party to the appeal,	67182
to the county auditor of the county in which the property involved	67183
in the appeal is located, and to the tax commissioner.	67184

In correcting a discriminatory valuation, the board of tax	67185
appeals shall increase or decrease the value of the property whose	67186
valuation or assessment by the county board of revision is	67187
complained of by a per cent or amount which will cause such	67188
property to be listed and valued for taxation by an equal and	67189
uniform rule.	67190

(C) In the case of an appeal from a review, redetermination,	67191
or correction of a tax assessment, valuation, determination,	67192
finding, computation, or order of the tax commissioner, the order	67193
of the board of tax appeals and the date of the entry thereof upon	67194
its journal shall be certified by itthe board by certified mail	67195
to all persons who were parties to the appeal before itthe board,	67196
the person in whose name the property is listed or sought to be	67197
listed, if the decision determines the valuation or liability of	67198
property for taxation and if such person is not a party to the	67199
appeal, the taxpayer or other person to whom notice of the tax	67200
assessment, valuation, determination, finding, computation, or	67201
order, or correction or redetermination thereof, by the tax	67202
commissioner was by law required to be given, the director of	67203
budget and management, if the revenues affected by such decision	67204
would accrue primarily to the state treasury, and the county	67205
auditors of the counties to the undivided general tax funds of	67206
which the revenues affected by such decision would primarily	67207
accrue.	67208

(D) In the case of an appeal from a municipal board of appeal	67209
created under section 718.11 of the Revised Code, the order of the	67210
board of tax appeals and the date of the entry thereof upon the	67211
board's journal shall be certified by the board by certified mail	67212
to all persons who were parties to the appeal before the board.	67213

(E) In the case of all other appeals or applications filed	67214
with and determined by the board its, the board's order and the	67215
date when itthe order was filed by the secretary for	67216
journalization shall be certified by itthe board by certified	67217
mail to the person who is a party to such appeal or application,	67218
to such persons as the law requires, and to such other persons as	67219
the board deems proper.	67220

(F) The orders of the board may affirm, reverse, vacate,	67221
modify, or remand the tax assessments, valuations, determinations,	67222
findings, computations, or orders complained of in the appeals	67223
determined by itthe board, and itsthe board's decision shall	67224
become final and conclusive for the current year unless reversed,	67225
vacated, or modified as provided in section 5717.04 of the Revised	67226
Code. When an order of the board becomes final the tax	67227
commissioner and all officers to whom such decision has been	67228
certified shall make the changes in their tax lists or other	67229
records which the decision requires.	67230

(G) If the board finds that issues not raised on the appeal	67231
are important to a determination of a controversy, itthe board	67232
may remand the cause for an administrative determination and the	67233
issuance of a new tax assessment, valuation, determination,	67234
finding, computation, or order, unless the parties stipulate to	67235
the determination of such other issues without remand. An order	67236
remanding the cause is a final order, which. If the order relates	67237
to any issue other than a municipal income tax matter appealed	67238
under sections 718.11 and 5717.011 of the Revised Code, the order	67239
may be appealed to the court of appeals in Franklin county. If the	67240
order relates to a municipal income tax matter appealed under	67241
sections 718.11 and 5717.011 of the Revised Code, the order may be	67242
appealed to the court of appeals for the county in which the	67243
municipal corporation in which the dispute arose is primarily	67244
situated.	67245

Sec. 5719.07.  Subject to the rules prescribed by the tax	67246
commissioner, a county treasurer charged with the collection of	67247
delinquent taxes may issue a certificate of release of the lien	67248
provided for in section 5719.04 of the Revised Code if the amount	67249
secured thereby has been paid or omitted from the delinquent tax	67250
list and duplicate pursuant to section 5719.06 of the Revised	67251
Code. The treasurer shall issue a certificate of partial discharge	67252
of any part of the real property subject to the lien if he finds	67253
after finding that the value of the part of the property remaining	67254
subject to the lien is at least double the amount of the	67255
delinquent taxes and all prior liens upon such real property. Such	67256
certificate shall be filed and recorded with the county recorder	67257
of the county in which the notice of lien has been filed, for	67258
which recording the recorder shall charge a base fee of two	67259
dollars for services and a housing trust fund fee of two dollars	67260
pursuant to section 317.36 of the Revised Code.	67261

Sec. 5727.111.  The taxable property of each public utility,	67262
except a railroad company, and of each interexchange	67263
telecommunications company shall be assessed at the following	67264
percentages of true value:	67265

(A)(1) Except as provided in division (A)(2) of this section,	67266
fifty per cent in the case of a rural electric company;	67267

(2) For tax year 2001 and thereafter, fifty per cent in the	67268
case of the taxable transmission and distribution property of a	67269
rural electric company, and twenty-five per cent for all its other	67270
taxable property;	67271

(B) In the case of a telephone or telegraph company,	67272
twenty-five per cent for taxable property first subject to	67273
taxation in this state for tax year 1995 or thereafter, and	67274
eighty-eight per centthe following for all other taxable	67275
property;:	67276

(1) For tax years prior to 2005, eighty-eight per cent;

67277

(2) For tax year 2005, sixty-seven per cent;

67278

(3) For tax year 2006, forty-six per cent;

67279

(4) For tax year 2007 and thereafter, twenty-five per cent.

67280

(C)(1) Except as provided in division (C)(2) of this section,	67281
eighty-eight per cent in the case of a natural gas company;	67282

(2) For tax year 2001 and thereafter, twenty-fiveTwenty-five	67283
per cent in the case of a natural gas company.	67284

(D) Eighty-eight per cent in the case of a pipe-line,	67285
water-works, or heating company;	67286

(E)(1) Except as provided in division (E)(2) or (3) of this	67287
section, one hundred per cent in the case of the taxable	67288
production equipment of an electric company and eighty-eight per	67289
cent for all its other taxable property;	67290

(2) For tax year 2001 and thereafter, eighty-eight per cent	67291
in the case of the taxable transmission and distribution property	67292
of an electric company, and twenty-five per cent for all its other	67293
taxable property;	67294

(3) Property listed and assessed under divisions (B)(1) and	67295
(2) of section 5711.22 of the Revised Code and leased to an	67296
electric company shall continue to be assessed at one hundred per	67297
cent for production equipment and eighty-eight per cent for all	67298
such other taxable property until January 1, 2002.	67299

(F) Twenty-five per cent in the case of an interexchange	67300
telecommunications company;	67301

(G) Twenty-five per cent in the case of a water	67302
transportation company.	67303

Sec. 5727.30.  (A) Except as provided in divisions (B) and,	67304
(C), and (D) of this section, each public utility, except railroad	67305
companies, shall be subject to an annual excise tax, as provided	67306
by sections 5727.31 to 5727.62 of the Revised Code, for the	67307
privilege of owning property in this state or doing business in	67308
this state during the twelve-month period next succeeding the	67309
period upon which the tax is based. The tax shall be imposed	67310
against each such public utility that, on the first day of such	67311
twelve-month period, owns property in this state or is doing	67312
business in this state, and the lien for the tax, including any	67313
penalties and interest accruing thereon, shall attach on such day	67314
to the property of the public utility in this state.	67315

(B) An electric company's or a rural electric company's gross	67316
receipts received after April 30, 2001, are not subject to the	67317
annual excise tax imposed by this section.	67318

(C) A natural gas company's gross receipts received after	67319
April 30, 2000, are not subject to the annual excise tax imposed	67320
by this section.	67321

(D) A telephone company's gross receipts derived from amounts	67322
billed to customers after June 30, 2004, are not subject to the	67323
annual excise tax imposed by this section. Notwithstanding any	67324
other provision of law, gross receipts derived from amounts billed	67325
by a telephone company to customers prior to July 1, 2004, shall	67326
be included in the telephone company's annual statement filed on	67327
or before August 1, 2004, which shall be the last statement or	67328
report filed under section 5727.31 of the Revised Code by a	67329
telephone company. A telephone company shall not deduct from its	67330
gross receipts included in that last statement any receipts it was	67331
unable to collect from its customers for the period of July 1,	67332
2003, to June 30, 2004.	67333

Sec. 5727.32.  (A) For the purpose of the tax imposed by	67334
section 5727.30 of the Revised Code, the statement required by	67335
section 5727.31 of the Revised Code shall contain:	67336

(1) The name of the company;

67337

(2) The nature of the company, whether a person, association,	67338
or corporation, and under the laws of what state or country	67339
organized;	67340

(3) The location of its principal office;

67341

(4) The name and post-office address of the president,	67342
secretary, auditor, treasurer, and superintendent or general	67343
manager;	67344

(5) The name and post-office address of the chief officer or	67345
managing agent of the company in this state;	67346

(6) The amount of the excise taxes paid or to be paid with	67347
the reports made during the current calendar year as provided by	67348
section 5727.31 of the Revised Code;	67349

(7) In the case of telegraph and telephone companies:

67350

(a) The gross receipts from all sources, whether messages,	67351
telephone tolls, rentals, or otherwise, for business done within	67352
this state, including all sums earned or charged, whether actually	67353
received or not, for the year ending on the thirtieth day of June,	67354
and the company's proportion of gross receipts for business done	67355
by it within this state in connection with other companies, firms,	67356
corporations, persons, or associations, but excluding all of the	67357
following:	67358

(i) All of the receipts derived wholly from interstate	67359
business or business done for or with the federal government;	67360

(ii) The receipts of amounts billed on behalf of other	67361
entities;	67362

(iii) The receipts from sales to other telephone companies	67363
for resale;	67364

(iv) The receipts from sales to providers of	67365
telecommunications service for resale, receipts from incoming or	67366
outgoing wide area transmission service or wide area transmission	67367
type service, including eight hundred or eight-hundred-type	67368
service, and receipts from private communications service.	67369

As used in this division, "receipts from sales to other	67370
telephone companies for resale" and "receipts from sales to	67371
providers of telecommunications service for resale" include but	67372
are not limited to, receipts of carrier access charges. "Carrier	67373
access charges" means compensation paid to the taxpayer telephone	67374
company by another telephone company or by a provider of	67375
telecommunications service for the use of the taxpayer's	67376
facilities to originate or terminate telephone calls or	67377
telecommunications service.	67378

(b) The total gross receipts for such period from business	67379
done within this state.	67380

(8) In the case of all public utilities subject to the tax	67381
imposed by section 5727.30 of the Revised Code, except telegraph	67382
and telephone companies:	67383

(a) The gross receipts of the company, actually received,	67384
from all sources for business done within this state for the year	67385
next preceding the first day of May, including the company's	67386
proportion of gross receipts for business done by it within this	67387
state in connection with other companies, firms, corporations,	67388
persons, or associations, but excluding allboth of the following:	67389

(i) Receipts from interstate business or business done for	67390
the federal government;	67391

(ii) Receipts from sales to another public utility for	67392
resale, provided such other public utility is subject to the tax	67393
levied by section 5727.24 or 5727.30 of the Revised Code;	67394

(iii) Receipts from the transmission or delivery of	67395
electricity to or for a rural electric company, provided that the	67396
electricity that has been so transmitted or delivered is for	67397
resale by the rural electric company. This division does not apply	67398
to tax years 2002 and thereafter.	67399

(iv) Receipts of an electric company, derived from the	67400
provision of electricity and other services to a qualified former	67401
owner of the production facilities that generated the electricity	67402
from which those receipts were derived. This division does not	67403
apply to tax years 2002 and thereafter. As used in this division,	67404
a "qualified former owner" means a person who meets both of the	67405
following conditions:	67406

(I) On or before October 11, 1991, the person had sold to an	67407
electric company part of the production facility at which the	67408
electricity is generated, and, for at least twenty years prior to	67409
that sale, the facility was used to generate electricity, but it	67410
was not owned in whole or in part during that period by an	67411
electric company.	67412

(II) At the time the electric company provided the	67413
electricity or other services for which the exclusion is claimed,	67414
the person, or a successor or assign of the person, owned not less	67415
than twenty per cent of the production facility and the rights to	67416
not less than twenty per cent of the production of that facility;	67417
and the person, or a successor or assign of the person, engaged	67418
primarily in a business other than providing electricity to	67419
others.	67420

(v) Receipts of a combined company derived from operating as	67421
a natural gas company that is subject to the tax imposed by	67422
section 5727.24 of the Revised Code.	67423

(b) The total gross receipts of the company, for the year	67424
next preceding the first day of May, in this state from business	67425
done within the state.	67426

(B) The reports required by section 5727.31 of the Revised	67427
Code shall contain:	67428

(1) The name and principal mailing address of the company;

67429

(2) The total amount of the gross receipts excise taxes	67430
charged or levied as based upon its last preceding annual	67431
statement filed prior to the first day of January of the year in	67432
which such report is filed;	67433

(3) The amount of the excise taxes due with the report as	67434
provided by section 5727.31 of the Revised Code.	67435

Sec. 5727.33.  (A) For the purpose of computing the excise	67436
tax imposed by section 5727.24 or 5727.30 of the Revised Code, the	67437
entire gross receipts actually received from all sources for	67438
business done within this state are taxable gross receipts,	67439
excluding the receipts described in divisions (B), (C), and (D),	67440
and (E) of this section. The gross receipts for the tax year of	67441
each telegraph and telephone company shall be computed for the	67442
period of the first day of July prior to the tax year to the	67443
thirtieth day of June of the tax year. The gross receipts of each	67444
natural gas company, including a combined company's taxable gross	67445
receipts attributed to a natural gas company activity, shall be	67446
computed in the manner required by section 5727.25 of the Revised	67447
Code. The gross receipts for the tax year of any other public	67448
utility subject to section 5727.30 of the Revised Code shall be	67449
computed for the period of the first day of May prior to the tax	67450
year to the thirtieth day of April of the tax year.	67451

(B) In ascertaining and determining the gross receipts of	67452
each public utility subject to this section, the following gross	67453
receipts are excluded:	67454

(1) All receipts derived wholly from interstate business;

67455

(2) All receipts derived wholly from business done for or	67456
with the federal government;	67457

(3) All receipts derived wholly from the transmission or	67458
delivery of electricity to or for a rural electric company,	67459
provided that the electricity that has been so transmitted or	67460
delivered is for resale by the rural electric company. This	67461
division does not apply to tax years 2002 and thereafter.	67462

(4) All receipts from the sale of merchandise;

67463

(5)(4) All receipts from sales to other public utilities,	67464
except railroad,and telegraph, and telephone companies, for	67465
resale, provided the other public utility is subject to the tax	67466
levied by section 5727.24 or 5727.30 of the Revised Code.	67467

(C) In ascertaining and determining the gross receipts of a	67468
telephone company, the following gross receipts are excluded:	67469

(1) Receipts of amounts billed on behalf of other entities;

67470

(2) Receipts from sales to other telephone companies for	67471
resale, as defined in division (A)(7) of section 5727.32 of the	67472
Revised Code;	67473

(3) Receipts from incoming or outgoing wide area transmission	67474
service or wide area transmission type service, including eight	67475
hundred or eight-hundred-type service;	67476

(4) Receipts from private communications service as described	67477
in division (AA)(2) of section 5739.01 of the Revised Code;	67478

(5) Receipts from sales to providers of telecommunications	67479
service for resale, as defined in division (A)(7) of section	67480
5727.32 of the Revised Code.	67481

(D) In ascertaining and determining the gross receipts of an	67482
electric company, receipts derived from the provision of	67483
electricity and other services to a qualified former owner of the	67484
production facilities that generated the electricity from which	67485
those receipts were derived are excluded. This division does not	67486
apply to tax years 2002 and thereafter. As used in this division,	67487
a "qualified former owner" means a person who meets both of the	67488
following conditions:	67489

(1) On or before October 11, 1991, the person had sold to an	67490
electric company part of the production facility at which the	67491
electricity is generated, and, for at least twenty years prior to	67492
that sale, the facility was used to generate electricity, but it	67493
was not owned in whole or part during that period by an electric	67494
company.	67495

(2) At the time the electric company provided the electricity	67496
or other services for which the exclusion is claimed, the person,	67497
or a successor or assign of the person, owned not less than a	67498
twenty per cent ownership of the production facility and the	67499
rights to not less than twenty per cent of the production of that	67500
facility.	67501

(E)(C) In ascertaining and determining the gross receipts of	67502
a natural gas company, receipts billed on behalf of other entities	67503
are excluded. The tax imposed by section 5729.811 of the Revised	67504
Code, along with transportation and billing and collection fees	67505
charged to other entities, shall be included in the gross receipts	67506
of a natural gas company.	67507

(F)(D) In ascertaining and determining the gross receipts of	67508
a combined company subject to the tax imposed by section 5727.30	67509
of the Revised Code, all receipts derived from operating as a	67510
natural gas company that are subject to the tax imposed by section	67511
5727.24 of the Revised Code are excluded.	67512

(G)(E) Except as provided in division (H)(F) of this section,	67513
the amount ascertained by the commissioner under this section,	67514
less a deduction of twenty-five thousand dollars, shall be the	67515
taxable gross receipts of such companies for business done within	67516
this state for that year.	67517

(H)(F) The amount ascertained under this section, less the	67518
following deduction, shall be the taxable gross receipts of a	67519
natural gas company or combined company subject to the tax imposed	67520
by section 5727.24 of the Revised Code for business done within	67521
this state:	67522

(1) For a natural gas company that files quarterly returns of	67523
the tax imposed by section 5727.24 of the Revised Code, six	67524
thousand two hundred fifty dollars for each quarterly return;	67525

(2) For a natural gas company that files an annual return of	67526
the tax imposed by section 5727.24 of the Revised Code,	67527
twenty-five thousand dollars for each annual return;	67528

(3) For a combined company, twenty-five thousand dollars on	67529
the annual statement filed under section 5727.31 of the Revised	67530
Code. A combined company shall not be entitled to a deduction in	67531
computing gross receipts subject to the tax imposed by section	67532
5727.24 of the Revised Code.	67533

Sec. 5727.56.  Any public utility whose articles of	67534
incorporation or license certificate to do or transact business in	67535
this state has expired or has been canceled or revoked by the	67536
secretary of state, as provided by law for failure to make any	67537
report or return or to pay any tax or fee, upon payment to the	67538
secretary of state of any additional fees and penalties required	67539
to be paid to himthe secretary of state, and upon the filing with	67540
the secretary of state of a certificate from the tax commissioner	67541
that it has complied with all the requirements of law as to	67542
franchise or excise tax reports and paid all franchise or excise	67543
taxes, fees, or penalties due thereon for every year of its	67544
delinquency, and upon the payment to the secretary of state of an	67545
additional fee of ten dollars, shall be reinstated and again	67546
entitled to exercise its rights, privileges, and franchises in	67547
this state, and the secretary of state shall cancel the entry of	67548
cancellation or expiration to exercise its rights, privileges, and	67549
franchises. If the reinstatement is not made within one year from	67550
the date of the cancellation of its articles of incorporation or	67551
date of the cancellation or expiration of its license to do	67552
business, and it appears that articles of incorporation or license	67553
certificate have been issued to a corporation of the same or	67554
similar name, the applicant for reinstatement shall be required by	67555
the secretary of state, as a condition prerequisite to such	67556
reinstatement, to amend its articles by changing its name. A	67557
certificate of reinstatement may be filed in the county recorder's	67558
office of any county in the state, for which the recorder shall	67559
charge and collect a base fee of three dollars for services and a	67560
housing trust fund fee of three dollars pursuant to section 317.36	67561
of the Revised Code.	67562

If a domestic public utility applying for reinstatement has	67563
not previously designated an agent upon whom process may be served	67564
as required by section 1701.07 of the Revised Code, such public	67565
utility shall at the time of reinstatement and as a prerequisite	67566
thereto designate an agent in accordance with such section.	67567

Any officer, shareholder, creditor, or receiver of any such	67568
public utility may at any time take all steps required by this	67569
section to effect such reinstatement, and in such case the	67570
designation of an agent upon whom process may be served shall not	67571
be a prerequisite to the reinstatement of the public utility.	67572

Sec. 5727.84.  (A) As used in this section and sections	67573
5727.85, 5727.86, and 5727.87 of the Revised Code:	67574

(1) "School district" means a city, local, or exempted	67575
village school district.	67576

(2) "Joint vocational school district" means a joint	67577
vocational school district created under section 3311.16 of the	67578
Revised Code, and includes a cooperative education school district	67579
created under section 3311.52 or 3311.521 of the Revised Code and	67580
a county school financing district created under section 3311.50	67581
of the Revised Code.	67582

(3) "Local taxing unit" means a subdivision or taxing unit,	67583
as defined in section 5705.01 of the Revised Code, a park district	67584
created under Chapter 1545. of the Revised Code, or a township	67585
park district established under section 511.23 of the Revised	67586
Code, but excludes school districts and joint vocational school	67587
districts.	67588

(4) "State education aid" means the sum of state aid amounts	67589
computed for a school district or joint vocational school district	67590
under Chapter 3317. of the Revised Code.	67591

(5) "State education aid offset" means the amount determined	67592
for each school district or joint vocational school district under	67593
division (A)(1) of section 5727.85 of the Revised Code.	67594

(6) "Recognized valuation" has the same meaning as in section	67595
3317.02 of the Revised Code.	67596

(7) "Electric company tax value loss" means the amount	67597
determined under division (D) of this section.	67598

(8) "Natural gas company tax value loss" means the amount	67599
determined under division (E) of this section.	67600

(9) "Tax value loss" means the sum of the electric company	67601
tax value loss and the natural gas company tax value loss.	67602

(10) "Fixed-rate levy" means any tax levied on property other	67603
than a fixed-sum levy.	67604

(11) "Fixed-rate levy loss" means the amount determined under	67605
division (G) of this section.	67606

(12) "Fixed-sum levy" means a tax levied on property at	67607
whatever rate is required to produce a specified amount of tax	67608
money or levied in excess of the ten-mill limitation to pay debt	67609
charges, and includes school district emergency levies imposed	67610
pursuant to section 5705.194 of the Revised Code.	67611

(13) "Fixed-sum levy loss" means the amount determined under	67612
division (H) of this section.	67613

(14) "Consumer price index" means the consumer price index	67614
(all items, all urban consumers) prepared by the bureau of labor	67615
statistics of the United States department of labor.	67616

(B) The kilowatt-hour tax receipts fund is hereby created in	67617
the state treasury and shall consist of money arising from the tax	67618
imposed by section 5727.81 of the Revised Code. All money in the	67619
kilowatt-hour tax receipts fund shall be credited as follows:	67620

(1) Fifty-nine and nine hundred seventy-six one-thousandths	67621
per cent, shall be credited to the general revenue fund.	67622

(2) Two and six hundred forty-six one-thousandths per cent	67623
shall be credited to the local government fund, for distribution	67624
in accordance with section 5747.50 of the Revised Code.	67625

(3) Three hundred seventy-eight one-thousandths per cent	67626
shall be credited to the local government revenue assistance fund,	67627
for distribution in accordance with section 5747.61 of the Revised	67628
Code.	67629

(4) Twenty-five and four-tenths per cent shall be credited to	67630
the school district property tax replacement fund, which is hereby	67631
created in the state treasury for the purpose of making the	67632
payments described in section 5727.85 of the Revised Code.	67633

(5) Eleven and six-tenths per cent shall be credited to the	67634
local government property tax replacement fund, which is hereby	67635
created in the state treasury for the purpose of making the	67636
payments described in section 5727.86 of the Revised Code.	67637

(6) In fiscal years 2002, 2003, 2004, 2005, and 2006, if the	67638
revenue arising from the tax levied by section 5727.81 of the	67639
Revised Code is less than five hundred fifty-two million dollars,	67640
the amount credited to the general revenue fund under division	67641
(B)(1) of this section shall be reduced by the amount necessary to	67642
credit to each of the funds in divisions (B)(2) and (3) of this	67643
section the amount it would have received if the tax did raise	67644
five hundred fifty-two million dollars for that fiscal year. The	67645
tax commissioner shall certify to the director of budget and	67646
management the amounts that shall be credited under this division.	67647

(7) Beginning in fiscal year 2007, if the revenue arising	67648
from the tax levied by section 5727.81 of the Revised Code is less	67649
than five hundred fifty-two million dollars, the amount credited	67650
to the general revenue fund under division (B)(1) of this section	67651
shall be reduced by the amount necessary to credit to each of the	67652
funds in divisions (B)(2), (3), (4), and (5) of this section the	67653
amount that it would have received if the tax did raise five	67654
hundred fifty-two million dollars for that fiscal year. The tax	67655
commissioner shall certify to the director of budget and	67656
management the amounts to be credited under division (B)(7) of	67657
this section.	67658

(C) The natural gas tax receipts fund is hereby created in	67659
the state treasury and shall consist of money arising from the tax	67660
imposed by section 5727.811 of the Revised Code. All money in the	67661
fund shall be credited as follows:	67662

(1) Sixty-eight and seven-tenths per cent shall be credited	67663
to the school district property tax replacement fund for the	67664
purpose of making the payments described in section 5727.85 of the	67665
Revised Code.	67666

(2) Thirty-one and three-tenths per cent shall be credited to	67667
the local government property tax replacement fund for the purpose	67668
of making the payments described in section 5727.86 of the Revised	67669
Code.	67670

(3) Beginning in fiscal year 2007, if the revenue arising	67671
from the tax levied by section 5727.811 of the Revised Code is	67672
less than ninety million dollars, an amount equal to the	67673
difference between the amount collected and ninety million dollars	67674
shall be transferred from the general revenue fund to each of the	67675
funds in divisions (C)(1) and (2) of this section in the same	67676
percentages as if that amount had been collected as taxes under	67677
section 5727.811 of the Revised Code. The tax commissioner shall	67678
certify to the director of budget and management the amounts that	67679
shall be transferred under this division.	67680

(D) Not later than January 1, 2002, the tax commissioner	67681
shall determine for each taxing district its electric company tax	67682
value loss, which is the sum of the applicable amounts described	67683
in divisions (D)(1) and (2)to (3) of this section:	67684

(1) The difference obtained by subtracting the amount	67685
described in division (D)(1)(b) from the amount described in	67686
division (D)(1)(a) of this section.	67687

(a) The value of electric company and rural electric company	67688
tangible personal property as assessed by the tax commissioner for	67689
tax year 1998 on a preliminary assessment, or an amended	67690
preliminary assessment if issued prior to March 1, 1999, and as	67691
apportioned to the taxing district for tax year 1998;	67692

(b) The value of electric company and rural electric company	67693
tangible personal property as assessed by the tax commissioner for	67694
tax year 1998 had the property been apportioned to the taxing	67695
district for tax year 2001, and assessed at the rates in effect	67696
for tax year 2001.	67697

(2) The difference obtained by subtracting the amount	67698
described in division (D)(2)(b) from the amount described in	67699
division (D)(2)(a) of this section.	67700

(a) The three-year average for tax years 1996, 1997, and 1998	67701
of the assessed value from nuclear fuel materials and assemblies	67702
assessed against a person under Chapter 5711. of the Revised Code	67703
from the leasing of them to an electric company for those	67704
respective tax years, as reflected in the preliminary assessments;	67705

(b) The three-year average assessed value from nuclear fuel	67706
materials and assemblies assessed under division (D)(2)(a) of this	67707
section for tax years 1996, 1997, and 1998, as reflected in the	67708
preliminary assessments, using an assessment rate of twenty-five	67709
per cent.	67710

(3) In the case of a taxing district having a nuclear power	67711
plant within its territory, any amount, resulting in an electric	67712
company tax value loss, obtained by subtracting the amount	67713
described in division (D)(1) of this section from the difference	67714
obtained by subtracting the amount described in division (D)(3)(b)	67715
of this section from the amount described in division (D)(3)(a) of	67716
this section.	67717

(a) The value of electric company tangible personal property	67718
as assessed by the tax commissioner for tax year 2000 on a	67719
preliminary assessment, or an amended preliminary assessment if	67720
issued prior to March 1, 2001, and as apportioned to the taxing	67721
district for tax year 2000;	67722

(b) The value of electric company tangible personal property	67723
as assessed by the tax commissioner for tax year 2001 on a	67724
preliminary assessment, or an amended preliminary assessment if	67725
issued prior to March 1, 2002, and as apportioned to the taxing	67726
district for tax year 2001.	67727

(E) Not later than January 1, 2002, the tax commissioner	67728
shall determine for each taxing district its natural gas company	67729
tax value loss, which is the sum of the amounts described in	67730
divisions (E)(1) and (2) of this section:	67731

(1) The difference obtained by subtracting the amount	67732
described in division (E)(1)(b) from the amount described in	67733
division (E)(1)(a) of this section.	67734

(a) The value of all natural gas company tangible personal	67735
property, other than property described in division (E)(2) of this	67736
section, as assessed by the tax commissioner for tax year 1999 on	67737
a preliminary assessment, or an amended preliminary assessment if	67738
issued prior to March 1, 2000, and apportioned to the taxing	67739
district for tax year 1999;	67740

(b) The value of all natural gas company tangible personal	67741
property, other than property described in division (E)(2) of this	67742
section, as assessed by the tax commissioner for tax year 1999 had	67743
the property been apportioned to the taxing district for tax year	67744
2001, and assessed at the rates in effect for tax year 2001.	67745

(2) The difference in the value of current gas obtained by	67746
subtracting the amount described in division (E)(2)(b) from the	67747
amount described in division (E)(2)(a) of this section.	67748

(a) The three-year average assessed value of current gas as	67749
assessed by the tax commissioner for tax years 1997, 1998, and	67750
1999 on a preliminary assessment, or an amended preliminary	67751
assessment if issued prior to March 1, 2001, and as apportioned in	67752
the taxing district for those respective years;	67753

(b) The three-year average assessed value from current gas	67754
under division (E)(2)(a) of this section for tax years 1997, 1998,	67755
and 1999, as reflected in the preliminary assessment, using an	67756
assessment rate of twenty-five per cent.	67757

(F) The tax commissioner may request that natural gas	67758
companies, electric companies, and rural electric companies file a	67759
report to help determine the tax value loss under divisions (D)	67760
and (E) of this section. The report shall be filed within thirty	67761
days of the commissioner's request. A company that fails to file	67762
the report or does not timely file the report is subject to the	67763
penalty in section 5727.60 of the Revised Code.	67764

(G) Not later than January 1, 2002, the tax commissioner	67765
shall determine for each school district, joint vocational school	67766
district, and local taxing unit its fixed-rate levy loss, which is	67767
the sum of its electric company tax value loss multiplied by the	67768
tax rate in effect in tax year 1998 for fixed-rate levies and its	67769
natural gas company tax value loss multiplied by the tax rate in	67770
effect in tax year 1999 for fixed-rate levies.	67771

(H) Not later than January 1, 2002, the tax commissioner	67772
shall determine for each school district, joint vocational school	67773
district, and local taxing unit its fixed-sum levy loss, which is	67774
the amount obtained by subtracting the amount described in	67775
division (H)(2) of this section from the amount described in	67776
division (H)(1) of this section:	67777

(1) The sum of the electric company tax value loss multiplied	67778
by the tax rate in effect in tax year 1998, and the natural gas	67779
company tax value loss multiplied by the tax rate in effect in tax	67780
year 1999, for fixed-sum levies for all taxing districts within	67781
each school district, joint vocational school district, and local	67782
taxing unit. For the years 2002 through 2006, this computation	67783
shall include school district emergency levies that existed in	67784
1998 in the case of the electric company tax value loss, and 1999	67785
in the case of the natural gas company tax value loss, and all	67786
other fixed-sum levies that existed in 1998 in the case of the	67787
electric company tax value loss and 1999 in the case of the	67788
natural gas company tax value loss and continue to be charged in	67789
the tax year preceding the distribution year. For the years 2007	67790
through 2016 in the case of school district emergency levies, and	67791
for all years after 2006 in the case of all other fixed-sum	67792
levies, this computation shall exclude all fixed-sum levies that	67793
existed in 1998 in the case of the electric company tax value loss	67794
and 1999 in the case of the natural gas company tax value loss,	67795
but are no longer in effect in the tax year preceding the	67796
distribution year. For the purposes of this section, an emergency	67797
levy that existed in 1998 in the case of the electric company tax	67798
value loss, and 1999 in the case of the natural gas company tax	67799
value loss, continues to exist in a year beginning on or after	67800
January 1, 2007, but before January 1, 2017, if, in that year, the	67801
board of education levies a school district emergency levy for an	67802
annual sum at least equal to the annual sum levied by the board in	67803
tax year 1998 or 1999, respectively, less the amount of the	67804
payment certified under this division for 2002.	67805

(2) The total taxable value in tax year 1999 less the tax	67806
value loss in each school district, joint vocational school	67807
district, and local taxing unit multiplied by one-fourth of one	67808
mill.	67809

If the amount computed under division (H) of this section for	67810
any school district, joint vocational school district, or local	67811
taxing unit is greater than zero, that amount shall equal the	67812
fixed-sum levy loss reimbursed pursuant to division (E) of section	67813
5727.85 of the Revised Code or division (A)(2) of section 5727.86	67814
of the Revised Code, and the one-fourth of one mill that is	67815
subtracted under division (H)(2) of this section shall be	67816
apportioned among all contributing fixed-sum levies in the	67817
proportion of each levy to the sum of all fixed-sum levies within	67818
each school district, joint vocational school district, or local	67819
taxing unit.	67820

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	67821
section, in computing the tax value loss, fixed-rate levy loss,	67822
and fixed-sum levy loss, the tax commissioner shall use the	67823
greater of the 1998 tax rate or the 1999 tax rate in the case of	67824
levy losses associated with the electric company tax value loss,	67825
but the 1999 tax rate shall not include for this purpose any tax	67826
levy approved by the voters after June 30, 1999, and the tax	67827
commissioner shall use the greater of the 1999 or the 2000 tax	67828
rate in the case of levy losses associated with the natural gas	67829
company tax value loss.	67830

(J) Not later than January 1, 2002, the tax commissioner	67831
shall certify to the department of education the tax value loss	67832
determined under divisions (D) and (E) of this section for each	67833
taxing district, the fixed-rate levy loss calculated under	67834
division (G) of this section, and the fixed-sum levy loss	67835
calculated under division (H) of this section. The calculations	67836
under divisions (G) and (H) of this section shall separately	67837
display the levy loss for each levy eligible for reimbursement.	67838

(K) Not later than September 1, 2001, the tax commissioner	67839
shall certify the amount of the fixed-sum levy loss to the county	67840
auditor of each county in which a school district with a fixed-sum	67841
levy loss has territory.	67842

Sec. 5728.04. (A) It is unlawful for any person to operate a	67843
commercial car with three or more axles when operated alone or as	67844
part of a commercial tandem, a commercial car with two axles that	67845
is to be operated as part of a commercial tandem with a gross	67846
vehicle weight or a registered gross vehicle weight exceeding	67847
twenty-six thousand pounds, or a commercial tractor when operated	67848
alone or as part of a commercial tractor combination or commercial	67849
tandem on a public highway withoutunder either of the following	67850
circumstances:	67851

(1) Without a valid fuel use permit for such commercial car	67852
or commercial tractor.	67853

(2) With a suspended or surrendered fuel use permit for such	67854
commercial car or commercial tractor.	67855

(B) The judge or magistrate of any court finding any person	67856
guilty of unlawfully operating a commercial car or commercial	67857
tractor as provided for in this section shall immediately notify	67858
the tax commissioner of such violation and shall transmit to the	67859
tax commissioner the name and the permanent address of the owner	67860
of the commercial car or commercial tractor operated in violation	67861
of this section, the registration number, the state of	67862
registration, and the certificate of title number of the	67863
commercial car or commercial tractor. The commercial car or	67864
commercial tractor involved in a violation of division (A)(1) or	67865
(2) of this section may be detained until a valid fuel use permit	67866
is obtained or reinstated.	67867

Sec. 5728.06.  (A) For the following purposes, an excise tax	67868
is hereby imposed on the use of motor fuel to operate on the	67869
public highways of this state a commercial car with three or more	67870
axles operated alone or as part of a commercial tandem, a	67871
commercial car with two axles operated as part of a commercial	67872
tandem having a gross vehicle weight or registered gross vehicle	67873
weight exceeding twenty-six thousand pounds, or a commercial	67874
tractor operated alone or as part of a commercial tractor	67875
combination or commercial tandem: to provide revenue for	67876
maintaining the state highway system, to widen existing surfaces	67877
on such highways, to resurface such highways, to enable the	67878
counties of the state properly to plan for, maintain, and repair	67879
their roads, to enable the municipal corporations to plan,	67880
construct, reconstruct, repave, widen, maintain, repair, clear,	67881
and clean public highways, roads, and streets; to pay that portion	67882
of the construction cost of a highway project that a county,	67883
township, or municipal corporation normally would be required to	67884
pay, but that the director of transportation, pursuant to division	67885
(B) of section 5531.08 of the Revised Code, determines instead	67886
will be paid from moneys in the highway operating fund; to	67887
maintain and repair bridges and viaducts; to purchase, erect, and	67888
maintain street and traffic signs and markers; to purchase, erect,	67889
and maintain traffic lights and signals; to pay the costs	67890
apportioned to the public under section 4907.47 of the Revised	67891
Code; and to supplement revenue already available for such	67892
purposes, to distribute equitably among those persons using the	67893
privilege of driving motor vehicles upon such highways and streets	67894
the cost of maintaining and repairing the same, and to pay the	67895
interest, principal, and charges on bonds and other obligations	67896
issued pursuant to Section 2i of Article VIII, Ohio Constitution,	67897
and sections 5528.30 and 5528.31 of the Revised Code. The tax is	67898
imposed in the same amount as the motor fuel tax imposed under	67899
Chapter 5735. of the Revised Code plus an additional tax of three	67900
cents per gallon of motor fuel used before July 1, 2004, and an	67901
provided that the additional tax ofshall be reduced to two cents	67902
per gallon of motor fuel used beforefrom July 1, 2004 through	67903
June 30, 2005, as determined by the gallons consumed while	67904
operated on the public highways of this state. Subject to section	67905
5735.292 of the Revised Code, on and after July 1, 2005, the tax	67906
shall be imposed in the same amount as the motor fuel tax imposed	67907
under Chapter 5735. of the Revised Code. Payment of the fuel use	67908
tax shall be made by the purchase of motor fuel within Ohio of	67909
such gallons as is equivalent to the gallons consumed while	67910
operating such a motor vehicle on the public highways of this	67911
state, or by direct remittance to the treasurer of state with the	67912
fuel use tax return filed pursuant to section 5728.08 of the	67913
Revised Code.	67914

Any person subject to the tax imposed under this section who	67915
purchases motor fuel in this state for use in another state in	67916
excess of the amount consumed while operating such motor vehicle	67917
on the public highways of this state shall be allowed a credit	67918
against the tax imposed by this section or a refund equal to the	67919
motor fuel tax paid to this state on such excess. No such credit	67920
or refund shall be allowed for taxes paid to any state that	67921
imposes a tax on motor fuel purchased or obtained in this state	67922
and used on the highways of such other state but does not allow a	67923
similar credit or refund for the tax paid to this state on motor	67924
fuel purchased or acquired in the other state and used on the	67925
public highways of this state.	67926

The tax commissioner is authorized to determine whether such	67927
credits or refunds are available and to prescribe such rules as	67928
are required for the purpose of administering this chapter.	67929

(B) Within sixty days after the last day of each month, the	67930
tax commissioner shall determine the amount of motor fuel tax	67931
allowed as a credit against the tax imposed by this section. The	67932
commissioner shall certify the amount to the director of budget	67933
and management and the treasurer of state, who shall credit the	67934
amount in accordance with section 5728.08 of the Revised Code from	67935
current revenue arising from the tax levied by section 5735.05 of	67936
the Revised Code.	67937

(C) The owner of each commercial car and commercial tractor	67938
subject to sections 5728.01 to 5728.14 of the Revised Code is	67939
liable for the payment of the full amount of the taxes imposed by	67940
this section.	67941

An owner who is a person regularly engaged, for compensation,	67942
in the business of leasing or renting motor vehicles without	67943
furnishing drivers may designate that the lessee of a motor	67944
vehicle leased for a period of thirty days or more shall report	67945
and pay the tax incurred during the duration of the lease. An	67946
owner who is an independent contractor that furnishes both the	67947
driver and motor vehicle, may designate that the person so	67948
furnished with the driver and motor vehicle for a period of thirty	67949
days or more shall report and pay the tax incurred during that	67950
period. An independent contractor that is not an owner, but that	67951
furnishes both the driver and motor vehicle and that has been	67952
designated by the owner of the motor vehicle to report and pay the	67953
tax, may designate that the person so furnished with driver and	67954
motor vehicle for a period of thirty days or more shall report and	67955
pay the tax incurred during that period.	67956

Sec. 5728.99.  (A)(1) Except as provided in division (A)(2)	67957
of this section, whoever violates any provision of sections	67958
5728.01 to 5728.14 of the Revised Code, or any rule promulgated by	67959
the tax commissioner under the authority of any provision of those	67960
sections, for the violation of which no penalty is provided	67961
elsewhere, shall be fined not less than twenty-five nor more than	67962
one hundred dollars.	67963

(2) Division (A)(1) of this section does not apply to the	67964
filing of any false or fraudulent return, application, or permit	67965
under section 5728.02, 5728.03, or 5728.08 of the Revised Code.	67966
The filing of any false or fraudulent return, application, or	67967
permit under any of those sections is a violation of section	67968
2921.13 of the Revised Code.	67969

(B)(1) Whoever violates division (A)(1) of section 5728.04 of	67970
the Revised Code is guilty of a misdemeanor of the fourth degree.	67971

(2) Whoever violates division (A)(2) of section 5728.04 of	67972
the Revised Code is guilty of a felony of the fifth degree.	67973

Sec. 5733.04.  As used in this chapter:

67974

(A) "Issued and outstanding shares of stock" applies to	67975
nonprofit corporations, as provided in section 5733.01 of the	67976
Revised Code, and includes, but is not limited to, membership	67977
certificates and other instruments evidencing ownership of an	67978
interest in such nonprofit corporations, and with respect to a	67979
financial institution that does not have capital stock, "issued	67980
and outstanding shares of stock" includes, but is not limited to,	67981
ownership interests of depositors in the capital employed in such	67982
an institution.	67983

(B) "Taxpayer" means a corporation subject to the tax imposed	67984
by section 5733.06 of the Revised Code.	67985

(C) "Resident" means a corporation organized under the laws	67986
of this state.	67987

(D) "Commercial domicile" means the principal place from	67988
which the trade or business of the taxpayer is directed or	67989
managed.	67990

(E) "Taxable year" means the period prescribed by division	67991
(A) of section 5733.031 of the Revised Code upon the net income of	67992
which the value of the taxpayer's issued and outstanding shares of	67993
stock is determined under division (B) of section 5733.05 of the	67994
Revised Code or the period prescribed by division (A) of section	67995
5733.031 of the Revised Code that immediately precedes the date as	67996
of which the total value of the corporation is determined under	67997
division (A) or (C) of section 5733.05 of the Revised Code.	67998

(F) "Tax year" means the calendar year in and for which the	67999
tax imposed by section 5733.06 of the Revised Code is required to	68000
be paid.	68001

(G) "Internal Revenue Code" means the "Internal Revenue Code	68002
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	68003

(H) "Federal income tax" means the income tax imposed by the	68004
Internal Revenue Code.	68005

(I) Except as provided in section 5733.058 of the Revised	68006
Code, "net income" means the taxpayer's taxable income before	68007
operating loss deduction and special deductions, as required to be	68008
reported for the taxpayer's taxable year under the Internal	68009
Revenue Code, subject to the following adjustments:	68010

(1)(a) Deduct any net operating loss incurred in any taxable	68011
years ending in 1971 or thereafter, but exclusive of any net	68012
operating loss incurred in taxable years ending prior to January	68013
1, 1971. This deduction shall not be allowed in any tax year	68014
commencing before December 31, 1973, but shall be carried over and	68015
allowed in tax years commencing after December 31, 1973, until	68016
fully utilized in the next succeeding taxable year or years in	68017
which the taxpayer has net income, but in no case for more than	68018
the designated carryover period as described in division (I)(1)(b)	68019
of this section. The amount of such net operating loss, as	68020
determined under the allocation and apportionment provisions of	68021
section 5733.051 and division (B) of section 5733.05 of the	68022
Revised Code for the year in which the net operating loss occurs,	68023
shall be deducted from net income, as determined under the	68024
allocation and apportionment provisions of section 5733.051 and	68025
division (B) of section 5733.05 of the Revised Code, to the extent	68026
necessary to reduce net income to zero with the remaining unused	68027
portion of the deduction, if any, carried forward to the remaining	68028
years of the designated carryover period as described in division	68029
(I)(1)(b) of this section, or until fully utilized, whichever	68030
occurs first.	68031

(b) For losses incurred in taxable years ending on or before	68032
December 31, 1981, the designated carryover period shall be the	68033
five consecutive taxable years after the taxable year in which the	68034
net operating loss occurred. For losses incurred in taxable years	68035
ending on or after January 1, 1982, and beginning before August 6,	68036
1997, the designated carryover period shall be the fifteen	68037
consecutive taxable years after the taxable year in which the net	68038
operating loss occurs. For losses incurred in taxable years	68039
beginning on or after August 6, 1997, the designated carryover	68040
period shall be the twenty consecutive taxable years after the	68041
taxable year in which the net operating loss occurs.	68042

(c) The tax commissioner may require a taxpayer to furnish	68043
any information necessary to support a claim for deduction under	68044
division (I)(1)(a) of this section and no deduction shall be	68045
allowed unless the information is furnished.	68046

(2) Deduct any amount included in net income by application	68047
of section 78 or 951 of the Internal Revenue Code, amounts	68048
received for royalties, technical or other services derived from	68049
sources outside the United States, and dividends received from a	68050
subsidiary, associate, or affiliated corporation that neither	68051
transacts any substantial portion of its business nor regularly	68052
maintains any substantial portion of its assets within the United	68053
States. For purposes of determining net foreign source income	68054
deductible under division (I)(2) of this section, the amount of	68055
gross income from all such sources other than dividend income and	68056
income derived by application of section 78 or 951 of the Internal	68057
Revenue Code shall be reduced by:	68058

(a) The amount of any reimbursed expenses for personal	68059
services performed by employees of the taxpayer for the	68060
subsidiary, associate, or affiliated corporation;	68061

(b) Ten per cent of the amount of royalty income and	68062
technical assistance fees;	68063

(c) Fifteen per cent of the amount of all other income.

68064

The amounts described in divisions (I)(2)(a) to (c) of this	68065
section are deemed to be the expenses attributable to the	68066
production of deductible foreign source income unless the taxpayer	68067
shows, by clear and convincing evidence, less actual expenses, or	68068
the tax commissioner shows, by clear and convincing evidence, more	68069
actual expenses.	68070

(3) Add any loss or deduct any gain resulting from the sale,	68071
exchange, or other disposition of a capital asset, or an asset	68072
described in section 1231 of the Internal Revenue Code, to the	68073
extent that such loss or gain occurred prior to the first taxable	68074
year on which the tax provided for in section 5733.06 of the	68075
Revised Code is computed on the corporation's net income. For	68076
purposes of division (I)(3) of this section, the amount of the	68077
prior loss or gain shall be measured by the difference between the	68078
original cost or other basis of the asset and the fair market	68079
value as of the beginning of the first taxable year on which the	68080
tax provided for in section 5733.06 of the Revised Code is	68081
computed on the corporation's net income. At the option of the	68082
taxpayer, the amount of the prior loss or gain may be a percentage	68083
of the gain or loss, which percentage shall be determined by	68084
multiplying the gain or loss by a fraction, the numerator of which	68085
is the number of months from the acquisition of the asset to the	68086
beginning of the first taxable year on which the fee provided in	68087
section 5733.06 of the Revised Code is computed on the	68088
corporation's net income, and the denominator of which is the	68089
number of months from the acquisition of the asset to the sale,	68090
exchange, or other disposition of the asset. The adjustments	68091
described in this division do not apply to any gain or loss where	68092
the gain or loss is recognized by a qualifying taxpayer, as	68093
defined in section 5733.0510 of the Revised Code, with respect to	68094
a qualifying taxable event, as defined in that section.	68095

(4) Deduct the dividend received deduction provided by	68096
section 243 of the Internal Revenue Code.	68097

(5) Deduct any interest or interest equivalent on public	68098
obligations and purchase obligations to the extent included in	68099
federal taxable income. As used in divisions (I)(5) and (6) of	68100
this section, "public obligations," "purchase obligations," and	68101
"interest or interest equivalent" have the same meanings as in	68102
section 5709.76 of the Revised Code.	68103

(6) Add any loss or deduct any gain resulting from the sale,	68104
exchange, or other disposition of public obligations to the extent	68105
included in federal taxable income.	68106

(7) To the extent not otherwise allowed, deduct any dividends	68107
or distributions received by a taxpayer from a public utility,	68108
excluding an electric company and a combined company, and, for tax	68109
years 2005 and thereafter, a telephone company, if the taxpayer	68110
owns at least eighty per cent of the issued and outstanding common	68111
stock of the public utility. As used in division (I)(7) of this	68112
section, "public utility" means a public utility as defined in	68113
Chapter 5727. of the Revised Code, whether or not the public	68114
utility is doing business in the state.	68115

(8) To the extent not otherwise allowed, deduct any dividends	68116
received by a taxpayer from an insurance company, if the taxpayer	68117
owns at least eighty per cent of the issued and outstanding common	68118
stock of the insurance company. As used in division (I)(8) of this	68119
section, "insurance company" means an insurance company that is	68120
taxable under Chapter 5725. or 5729. of the Revised Code.	68121

(9) Deduct expenditures for modifying existing buildings or	68122
structures to meet American national standards institute standard	68123
A-117.1-1961 (R-1971), as amended; provided, that no deduction	68124
shall be allowed to the extent that such deduction is not	68125
permitted under federal law or under rules of the tax	68126
commissioner. Those deductions as are allowed may be taken over a	68127
period of five years. The tax commissioner shall adopt rules under	68128
Chapter 119. of the Revised Code establishing reasonable	68129
limitations on the extent that expenditures for modifying existing	68130
buildings or structures are attributable to the purpose of making	68131
the buildings or structures accessible to and usable by physically	68132
handicapped persons.	68133

(10) Deduct the amount of wages and salaries, if any, not	68134
otherwise allowable as a deduction but that would have been	68135
allowable as a deduction in computing federal taxable income	68136
before operating loss deduction and special deductions for the	68137
taxable year, had the targeted jobs credit allowed and determined	68138
under sections 38, 51, and 52 of the Internal Revenue Code not	68139
been in effect.	68140

(11) Deduct net interest income on obligations of the United	68141
States and its territories and possessions or of any authority,	68142
commission, or instrumentality of the United States to the extent	68143
the laws of the United States prohibit inclusion of the net	68144
interest for purposes of determining the value of the taxpayer's	68145
issued and outstanding shares of stock under division (B) of	68146
section 5733.05 of the Revised Code. As used in division (I)(11)	68147
of this section, "net interest" means interest net of any expenses	68148
taken on the federal income tax return that would not have been	68149
allowed under section 265 of the Internal Revenue Code if the	68150
interest were exempt from federal income tax.	68151

(12)(a) Except as set forth in division (I)(12)(d) of this	68152
section, to the extent not included in computing the taxpayer's	68153
federal taxable income before operating loss deduction and special	68154
deductions, add gains and deduct losses from direct or indirect	68155
sales, exchanges, or other dispositions, made by a related entity	68156
who is not a taxpayer, of the taxpayer's indirect, beneficial, or	68157
constructive investment in the stock or debt of another entity,	68158
unless the gain or loss has been included in computing the federal	68159
taxable income before operating loss deduction and special	68160
deductions of another taxpayer with a more closely related	68161
investment in the stock or debt of the other entity. The amount of	68162
gain added or loss deducted shall not exceed the product obtained	68163
by multiplying such gain or loss by the taxpayer's proportionate	68164
share, directly, indirectly, beneficially, or constructively, of	68165
the outstanding stock of the related entity immediately prior to	68166
the direct or indirect sale, exchange, or other disposition.	68167

(b) Except as set forth in division (I)(12)(e) of this	68168
section, to the extent not included in computing the taxpayer's	68169
federal taxable income before operating loss deduction and special	68170
deductions, add gains and deduct losses from direct or indirect	68171
sales, exchanges, or other dispositions made by a related entity	68172
who is not a taxpayer, of intangible property other than stock,	68173
securities, and debt, if such property was owned, or used in whole	68174
or in part, at any time prior to or at the time of the sale,	68175
exchange, or disposition by either the taxpayer or by a related	68176
entity that was a taxpayer at any time during the related entity's	68177
ownership or use of such property, unless the gain or loss has	68178
been included in computing the federal taxable income before	68179
operating loss deduction and special deductions of another	68180
taxpayer with a more closely related ownership or use of such	68181
intangible property. The amount of gain added or loss deducted	68182
shall not exceed the product obtained by multiplying such gain or	68183
loss by the taxpayer's proportionate share, directly, indirectly,	68184
beneficially, or constructively, of the outstanding stock of the	68185
related entity immediately prior to the direct or indirect sale,	68186
exchange, or other disposition.	68187

(c) As used in division (I)(12) of this section, "related	68188
entity" means those entities described in divisions (I)(12)(c)(i)	68189
to (iii) of this section:	68190

(i) An individual stockholder, or a member of the	68191
stockholder's family enumerated in section 318 of the Internal	68192
Revenue Code, if the stockholder and the members of the	68193
stockholder's family own, directly, indirectly, beneficially, or	68194
constructively, in the aggregate, at least fifty per cent of the	68195
value of the taxpayer's outstanding stock;	68196

(ii) A stockholder, or a stockholder's partnership, estate,	68197
trust, or corporation, if the stockholder and the stockholder's	68198
partnerships, estates, trusts, and corporations own directly,	68199
indirectly, beneficially, or constructively, in the aggregate, at	68200
least fifty per cent of the value of the taxpayer's outstanding	68201
stock;	68202

(iii) A corporation, or a party related to the corporation in	68203
a manner that would require an attribution of stock from the	68204
corporation to the party or from the party to the corporation	68205
under division (I)(12)(c)(iv) of this section, if the taxpayer	68206
owns, directly, indirectly, beneficially, or constructively, at	68207
least fifty per cent of the value of the corporation's outstanding	68208
stock.	68209

(iv) The attribution rules of section 318 of the Internal	68210
Revenue Code apply for purposes of determining whether the	68211
ownership requirements in divisions (I)(12)(c)(i) to (iii) of this	68212
section have been met.	68213

(d) For purposes of the adjustments required by division	68214
(I)(12)(a) of this section, the term "investment in the stock or	68215
debt of another entity" means only those investments where the	68216
taxpayer and the taxpayer's related entities directly, indirectly,	68217
beneficially, or constructively own, in the aggregate, at any time	68218
during the twenty-four month period commencing one year prior to	68219
the direct or indirect sale, exchange, or other disposition of	68220
such investment at least fifty per cent or more of the value of	68221
either the outstanding stock or such debt of such other entity.	68222

(e) For purposes of the adjustments required by division	68223
(I)(12)(b) of this section, the term "related entity" excludes all	68224
of the following:	68225

(i) Foreign corporations as defined in section 7701 of the	68226
Internal Revenue Code;	68227

(ii) Foreign partnerships as defined in section 7701 of the	68228
Internal Revenue Code;	68229

(iii) Corporations, partnerships, estates, and trusts created	68230
or organized in or under the laws of the Commonwealth of Puerto	68231
Rico or any possession of the United States;	68232

(iv) Foreign estates and foreign trusts as defined in section	68233
7701 of the Internal Revenue Code.	68234

The exclusions described in divisions (I)(12)(e)(i) to (iv)	68235
of this section do not apply if the corporation, partnership,	68236
estate, or trust is described in any one of divisions (C)(1) to	68237
(5) of section 5733.042 of the Revised Code.	68238

(f) Nothing in division (I)(12) of this section shall require	68239
or permit a taxpayer to add any gains or deduct any losses	68240
described in divisions (I)(12)(f)(i) and (ii) of this section:	68241

(i) Gains or losses recognized for federal income tax	68242
purposes by an individual, estate, or trust without regard to the	68243
attribution rules described in division (I)(12)(c) of this	68244
section;	68245

(ii) A related entity's gains or losses described in division	68246
(I)(12)(b) of this section if the taxpayer's ownership of or use	68247
of such intangible property was limited to a period not exceeding	68248
nine months and was attributable to a transaction or a series of	68249
transactions executed in accordance with the election or elections	68250
made by the taxpayer or a related entity pursuant to section 338	68251
of the Internal Revenue Code.	68252

(13) Any adjustment required by section 5733.042 of the	68253
Revised Code.	68254

(14) Add any amount claimed as a credit under section	68255
5733.0611 of the Revised Code to the extent that such amount	68256
satisfies either of the following:	68257

(a) It was deducted or excluded from the computation of the	68258
corporation's taxable income before operating loss deduction and	68259
special deductions as required to be reported for the	68260
corporation's taxable year under the Internal Revenue Code;	68261

(b) It resulted in a reduction of the corporation's taxable	68262
income before operating loss deduction and special deductions as	68263
required to be reported for any of the corporation's taxable years	68264
under the Internal Revenue Code.	68265

(15) Deduct the amount contributed by the taxpayer to an	68266
individual development account program established by a county	68267
department of job and family services pursuant to sections 329.11	68268
to 329.14 of the Revised Code for the purpose of matching funds	68269
deposited by program participants. On request of the tax	68270
commissioner, the taxpayer shall provide any information that, in	68271
the tax commissioner's opinion, is necessary to establish the	68272
amount deducted under division (I)(15) of this section.	68273

(16) Any adjustment required by section 5733.0510 or	68274
5733.0511 of the Revised Code.	68275

(17)(a) Add five-sixths of the amount of depreciation expense	68276
allowed under subsection (k) of section 168 of the Internal	68277
Revenue Code, including a person's proportionate or distributive	68278
share of the amount of depreciation expense allowed by that	68279
subsection to any pass-through entity in which the person has	68280
direct or indirect ownership. The tax commissioner, under	68281
procedures established by the commissioner, may waive the add-back	68282
related to a pass-through entity if the person owns, directly or	68283
indirectly, less than five per cent of the pass-through entity.	68284

(b) Nothing in division (I)(17) of this section shall be	68285
construed to adjust or modify the adjusted basis of any asset.	68286

(c) To the extent the add-back is attributable to property	68287
generating income or loss allocable under section 5733.051 of the	68288
Revised Code, the add-back shall be allocated to the same location	68289
as the income or loss generated by that property. Otherwise, the	68290
add-back shall be apportioned, subject to division (B)(2)(d) of	68291
section 5733.05 of the Revised Code.	68292

(18)(a) If a person is required to make the add-back under	68293
division (I)(17)(a) of this section for a tax year, the person	68294
shall deduct one-fifth of the amount added back for each of the	68295
succeeding five tax years.	68296

(b) If the amount deducted under division (I)(18)(a) of this	68297
section is attributable to an add-back allocated under division	68298
(I)(17)(c) of this section, the amount deducted shall be allocated	68299
to the same location. Otherwise, the amount shall be apportioned	68300
using the apportionment factors for the taxable year in which the	68301
deduction is taken, subject to division (B)(2)(d) of section	68302
5733.05 of the Revised Code.	68303

(J) Any term used in this chapter has the same meaning as	68304
when used in comparable context in the laws of the United States	68305
relating to federal income taxes unless a different meaning is	68306
clearly required. Any reference in this chapter to the Internal	68307
Revenue Code includes other laws of the United States relating to	68308
federal income taxes.	68309

(K) "Financial institution" has the meaning given by section	68310
5725.01 of the Revised Code but does not include a production	68311
credit association as described in 85 Stat. 597, 12 U.S.C.A. 2091.	68312

(L)(1) A "qualifying holding company" is any corporation	68313
satisfying all of the following requirements:	68314

(a) Subject to divisions (L)(2) and (3) of this section, the	68315
net book value of the corporation's intangible assets is greater	68316
than or equal to ninety per cent of the net book value of all of	68317
its assets and at least fifty per cent of the net book value of	68318
all of its assets represents direct or indirect investments in the	68319
equity of, loans and advances to, and accounts receivable due from	68320
related members;	68321

(b) At least ninety per cent of the corporation's gross	68322
income for the taxable year is attributable to the following:	68323

(i) The maintenance, management, ownership, acquisition, use,	68324
and disposition of its intangible property, its aircraft the use	68325
of which is not subject to regulation under 14 C.F.R. part 121 or	68326
part 135, and any real property described in division (L)(2)(c) of	68327
this section;	68328

(ii) The collection and distribution of income from such	68329
property.	68330

(c) The corporation is not a financial institution on the	68331
last day of the taxable year ending prior to the first day of the	68332
tax year;	68333

(d) The corporation's related members make a good faith and	68334
reasonable effort to make timely and fully the adjustments	68335
required by division (C)(2) of section 5733.05 of the Revised Code	68336
and to pay timely and fully all uncontested taxes, interest,	68337
penalties, and other fees and charges imposed under this chapter;	68338

(e) Subject to division (L)(4) of this section, the	68339
corporation elects to be treated as a qualifying holding company	68340
for the tax year.	68341

A corporation otherwise satisfying divisions (L)(1)(a) to (e)	68342
of this section that does not elect to be a qualifying holding	68343
company is not a qualifying holding company for the purposes of	68344
this chapter.	68345

(2)(a)(i) For purposes of making the ninety per cent	68346
computation under division (L)(1)(a) of this section, the net book	68347
value of the corporation's assets shall not include the net book	68348
value of aircraft or real property described in division	68349
(L)(1)(b)(i) of this section.	68350

(ii) For purposes of making the fifty per cent computation	68351
under division (L)(1)(a) of this section, the net book value of	68352
assets shall include the net book value of aircraft or real	68353
property described in division (L)(1)(b)(i) of this section.	68354

(b)(i) As used in division (L) of this section, "intangible	68355
asset" includes, but is not limited to, the corporation's direct	68356
interest in each pass-through entity only if at all times during	68357
the corporation's taxable year ending prior to the first day of	68358
the tax year the corporation's and the corporation's related	68359
members' combined direct and indirect interests in the capital or	68360
profits of such pass-through entity do not exceed fifty per cent.	68361
If the corporation's interest in the pass-through entity is an	68362
intangible asset for that taxable year, then the distributive	68363
share of any income from the pass-through entity shall be income	68364
from an intangible asset for that taxable year.	68365

(ii) If a corporation's and the corporation's related	68366
members' combined direct and indirect interests in the capital or	68367
profits of a pass-through entity exceed fifty per cent at any time	68368
during the corporation's taxable year ending prior to the first	68369
day of the tax year, "intangible asset" does not include the	68370
corporation's direct interest in the pass-through entity, and the	68371
corporation shall include in its assets its proportionate share of	68372
the assets of any such pass-through entity and shall include in	68373
its gross income its distributive share of the gross income of	68374
such pass-through entity in the same form as was earned by the	68375
pass-through entity.	68376

(iii) A pass-through entity's direct or indirect	68377
proportionate share of any other pass-through entity's assets	68378
shall be included for the purpose of computing the corporation's	68379
proportionate share of the pass-through entity's assets under	68380
division (L)(2)(b)(ii) of this section, and such pass-through	68381
entity's distributive share of any other pass-through entity's	68382
gross income shall be included for purposes of computing the	68383
corporation's distributive share of the pass-through entity's	68384
gross income under division (L)(2)(b)(ii) of this section.	68385

(c) For the purposes of divisions (L)(1)(b)(i), (1)(b)(ii),	68386
(2)(a)(i), and (2)(a)(ii) of this section, real property is	68387
described in division (L)(2)(c) of this section only if all of the	68388
following conditions are present at all times during the taxable	68389
year ending prior to the first day of the tax year:	68390

(i) The real property serves as the headquarters of the	68391
corporation's trade or business, or is the place from which the	68392
corporation's trade or business is principally managed or	68393
directed;	68394

(ii) Not more than ten per cent of the value of the real	68395
property and not more than ten per cent of the square footage of	68396
the building or buildings that are part of the real property is	68397
used, made available, or occupied for the purpose of providing,	68398
acquiring, transferring, selling, or disposing of tangible	68399
property or services in the normal course of business to persons	68400
other than related members, the corporation's employees and their	68401
families, and such related members' employees and their families.	68402

(d) As used in division (L) of this section, "related member"	68403
has the same meaning as in division (A)(6) of section 5733.042 of	68404
the Revised Code without regard to division (B) of that section.	68405

(3) The percentages described in division (L)(1)(a) of this	68406
section shall be equal to the quarterly average of those	68407
percentages as calculated during the corporation's taxable year	68408
ending prior to the first day of the tax year.	68409

(4) With respect to the election described in division	68410
(L)(1)(e) of this section:	68411

(a) The election need not accompany a timely filed report;

68412

(b) The election need not accompany the report; rather, the	68413
election may accompany a subsequently filed but timely application	68414
for refund and timely amended report, or a subsequently filed but	68415
timely petition for reassessment;	68416

(c) The election is not irrevocable;

68417

(d) The election applies only to the tax year specified by	68418
the corporation;	68419

(e) The corporation's related members comply with division	68420
(L)(1)(d) of this section.	68421

Nothing in division (L)(4) of this section shall be construed	68422
to extend any statute of limitations set forth in this chapter.	68423

(M) "Qualifying controlled group" means two or more	68424
corporations that satisfy the ownership and control requirements	68425
of division (A) of section 5733.052 of the Revised Code.	68426

(N) "Limited liability company" means any limited liability	68427
company formed under Chapter 1705. of the Revised Code or under	68428
the laws of any other state.	68429

(O) "Pass-through entity" means a corporation that has made	68430
an election under subchapter S of Chapter 1 of Subtitle A of the	68431
Internal Revenue Code for its taxable year under that code, or a	68432
partnership, limited liability company, or any other person, other	68433
than an individual, trust, or estate, if the partnership, limited	68434
liability company, or other person is not classified for federal	68435
income tax purposes as an association taxed as a corporation.	68436

(P) "Electric company," and "combined company," and	68437
"telephone company" have the same meanings as in section 5727.01	68438
of the Revised Code.	68439

Sec. 5733.05.  As used in this section, "qualified research"	68440
means laboratory research, experimental research, and other	68441
similar types of research; research in developing or improving a	68442
product; or research in developing or improving the means of	68443
producing a product. It does not include market research, consumer	68444
surveys, efficiency surveys, management studies, ordinary testing	68445
or inspection of materials or products for quality control,	68446
historical research, or literary research. "Product" as used in	68447
this paragraph does not include services or intangible property.	68448

The annual report determines the value of the issued and	68449
outstanding shares of stock of the taxpayer, which under division	68450
(A) or divisions (B) and (C) of this section is the base or	68451
measure of the franchise tax liability. Such determination shall	68452
be made as of the date shown by the report to have been the	68453
beginning of the corporation's annual accounting period that	68454
includes the first day of January of the tax year. For the	68455
purposes of this chapter, the value of the issued and outstanding	68456
shares of stock of any corporation that is a financial institution	68457
shall be deemed to be the value as calculated in accordance with	68458
division (A) of this section. For the purposes of this chapter,	68459
the value of the issued and outstanding shares of stock of any	68460
corporation that is not a financial institution shall be deemed to	68461
be the values as calculated in accordance with divisions (B) and	68462
(C) of this section. Except as otherwise required by this section	68463
or section 5733.056 of the Revised Code, the value of a taxpayer's	68464
issued and outstanding shares of stock under division (A) or (C)	68465
of this section does not include any amount that is treated as a	68466
liability under generally accepted accounting principles.	68467

(A) The total value, as shown by the books of the financial	68468
institution, of its capital, surplus, whether earned or unearned,	68469
undivided profits, and reserves shall be determined as prescribed	68470
by section 5733.056 of the Revised Code for tax years 1998 and	68471
thereafter.	68472

(B) The sum of the corporation's net income during the	68473
corporation's taxable year, allocated or apportioned to this state	68474
as prescribed in divisions (B)(1) and (2) of this section, and	68475
subject to sections 5733.052, 5733.053, 5733.057, 5733.058,	68476
5733.059, and 5733.0510 of the Revised Code:	68477

(1) The net income allocated to this state as provided by	68478
section 5733.051 of the Revised Code.	68479

(2) The amount of Ohio apportioned net income from sources	68480
other than those allocated under section 5733.051 of the Revised	68481
Code, which shall be determined by multiplying the corporation's	68482
net income by a fraction. The numerator of the fraction is the sum	68483
of the following products: the property factor multiplied by	68484
twenty, the payroll factor multiplied by twenty, and the sales	68485
factor multiplied by sixty. The denominator of the fraction is one	68486
hundred, provided that the denominator shall be reduced by twenty	68487
if the property factor has a denominator of zero, by twenty if the	68488
payroll factor has a denominator of zero, and by sixty if the	68489
sales factor has a denominator of zero.	68490

The property, payroll, and sales factors shall be determined	68491
as follows:	68492

(a) The property factor is a fraction the numerator of which	68493
is the average value of the corporation's real and tangible	68494
personal property owned or rented, and used in the trade or	68495
business in this state during the taxable year, and the	68496
denominator of which is the average value of all the corporation's	68497
real and tangible personal property owned or rented, and used in	68498
the trade or business everywhere during such year. There shall be	68499
excluded from the numerator and denominator of the property factor	68500
the original cost of all of the following property within Ohio:	68501
property with respect to which a "pollution control facility"	68502
certificate has been issued pursuant to section 5709.21 of the	68503
Revised Code; property with respect to which an "industrial water	68504
pollution control certificate" has been issued pursuant to that	68505
section or former section 6111.31 of the Revised Code; and	68506
property used exclusively during the taxable year for qualified	68507
research.	68508

(i) Property owned by the corporation is valued at its	68509
original cost. Property rented by the corporation is valued at	68510
eight times the net annual rental rate. "Net annual rental rate"	68511
means the annual rental rate paid by the corporation less any	68512
annual rental rate received by the corporation from subrentals.	68513

(ii) The average value of property shall be determined by	68514
averaging the values at the beginning and the end of the taxable	68515
year, but the tax commissioner may require the averaging of	68516
monthly values during the taxable year, if reasonably required to	68517
reflect properly the average value of the corporation's property.	68518

(b) The payroll factor is a fraction the numerator of which	68519
is the total amount paid in this state during the taxable year by	68520
the corporation for compensation, and the denominator of which is	68521
the total compensation paid everywhere by the corporation during	68522
such year. There shall be excluded from the numerator and the	68523
denominator of the payroll factor the total compensation paid in	68524
this state to employees who are primarily engaged in qualified	68525
research.	68526

(i) Compensation means any form of remuneration paid to an	68527
employee for personal services.	68528

(ii) Compensation is paid in this state if: (1) the	68529
recipient's service is performed entirely within this state, (2)	68530
the recipient's service is performed both within and without this	68531
state, but the service performed without this state is incidental	68532
to the recipient's service within this state, (3) some of the	68533
service is performed within this state and either the base of	68534
operations, or if there is no base of operations, the place from	68535
which the service is directed or controlled is within this state,	68536
or the base of operations or the place from which the service is	68537
directed or controlled is not in any state in which some part of	68538
the service is performed, but the recipient's residence is in this	68539
state.	68540

(iii) Compensation is paid in this state to any employee of a	68541
common or contract motor carrier corporation, who performs the	68542
employee's regularly assigned duties on a motor vehicle in more	68543
than one state, in the same ratio by which the mileage traveled by	68544
such employee within the state bears to the total mileage traveled	68545
by such employee everywhere during the taxable year.	68546

(c) Except as provided in section 5733.059 of the Revised	68547
Code, the sales factor is a fraction the numerator of which is the	68548
total sales in this state by the corporation during the taxable	68549
year, and the denominator of which is the total sales by the	68550
corporation everywhere during such year. In determining the	68551
numerator and denominator of the sales factor, receipts from the	68552
sale or other disposal of a capital asset or an asset described in	68553
section 1231 of the Internal Revenue Code shall be eliminated.	68554
Also, in determining the numerator and denominator of the sales	68555
factor, in the case of a reporting corporation owning at least	68556
eighty per cent of the issued and outstanding common stock of one	68557
or more insurance companies or public utilities, except an	68558
electric company and a combined company, and, for tax years 2005	68559
and thereafter, a telephone company, or owning at least	68560
twenty-five per cent of the issued and outstanding common stock of	68561
one or more financial institutions, receipts received by the	68562
reporting corporation from such utilities, insurance companies,	68563
and financial institutions shall be eliminated.	68564

For the purpose of this section and section 5733.03 of the	68565
Revised Code, sales of tangible personal property are in this	68566
state where such property is received in this state by the	68567
purchaser. In the case of delivery of tangible personal property	68568
by common carrier or by other means of transportation, the place	68569
at which such property is ultimately received after all	68570
transportation has been completed shall be considered as the place	68571
at which such property is received by the purchaser. Direct	68572
delivery in this state, other than for purposes of transportation,	68573
to a person or firm designated by a purchaser constitutes delivery	68574
to the purchaser in this state, and direct delivery outside this	68575
state to a person or firm designated by a purchaser does not	68576
constitute delivery to the purchaser in this state, regardless of	68577
where title passes or other conditions of sale.	68578

Except as provided in section 5733.059 of the Revised Code,	68579
sales, other than sales of tangible personal property, are in this	68580
state if either:	68581

(i) The income-producing activity is performed solely in this	68582
state;	68583

(ii) The income-producing activity is performed both within	68584
and without this state and a greater proportion of the	68585
income-producing activity is performed within this state than in	68586
any other state, based on costs of performance.	68587

(d) If the allocation and apportionment provisions of	68588
division (B) of this section do not fairly represent the extent of	68589
the taxpayer's business activity in this state, the taxpayer may	68590
request, which request must be in writing and must accompany the	68591
report, timely filed petition for reassessment, or timely filed	68592
amended report, or the tax commissioner may require, in respect to	68593
all or any part of the taxpayer's allocated or apportioned base,	68594
if reasonable, any one or more of the following:	68595

(i) Separate accounting;

68596

(ii) The exclusion of any one or more of the factors;

68597

(iii) The inclusion of one or more additional factors that	68598
will fairly represent the taxpayer's allocated or apportioned base	68599
in this state.	68600

An alternative method will be effective only with approval by	68601
the tax commissioner.	68602

Nothing in this section shall be construed to extend any	68603
statute of limitations set forth in this chapter.	68604

(e) The tax commissioner may adopt rules providing for	68605
alternative allocation and apportionment methods, and alternative	68606
calculations of a corporation's base, that apply to corporations	68607
engaged in telecommunications.	68608

(C)(1) Subject to divisions (C)(2) and (3) of this section,	68609
the total value, as shown on the books of each corporation that is	68610
not a qualified holding company, of the net book value of a	68611
corporation's assets less the net carrying value of its	68612
liabilities, and excluding from the corporation's assets land	68613
devoted exclusively to agricultural use as of the first Monday of	68614
June in the corporation's taxable year as determined by the county	68615
auditor of the county in which the land is located pursuant to	68616
section 5713.31 of the Revised Code. For the purposes of	68617
determining that total value, any reserves shown on the	68618
corporation's books shall be considered liabilities or contra	68619
assets, except for any reserves that are deemed appropriations of	68620
retained earnings under generally accepted accounting principles.	68621

(2)(a) If, on the last day of the taxpayer's taxable year	68622
preceding the tax year, the taxpayer is a related member to a	68623
corporation that elects to be a qualifying holding company for the	68624
tax year beginning after the last day of the taxpayer's taxable	68625
year, or if, on the last day of the taxpayer's taxable year	68626
preceding the tax year, a corporation that elects to be a	68627
qualifying holding company for the tax year beginning after the	68628
last day of the taxpayer's taxable year is a related member to the	68629
taxpayer, then the taxpayer's total value shall be adjusted by the	68630
qualifying amount. Except as otherwise provided under division	68631
(C)(2)(b) of this section, "qualifying amount" means the amount	68632
that, when added to the taxpayer's total value, and when	68633
subtracted from the net carrying value of the taxpayer's	68634
liabilities computed without regard to division (C)(2) of this	68635
section, or when subtracted from the taxpayer's total value and	68636
when added to the net carrying value of the taxpayer's liabilities	68637
computed without regard to division (C)(2) of this section,	68638
results in the taxpayer's debt-to-equity ratio equaling the	68639
debt-to-equity ratio of the qualifying controlled group on the	68640
last day of the taxable year ending prior to the first day of the	68641
tax year computed on a consolidated basis in accordance with	68642
general accepted accounting principles. For the purposes of	68643
division (C)(2)(a) of this section, the corporation's total value,	68644
after the adjustment required by that division, shall not exceed	68645
the net book value of the corporation's assets.	68646

(b)(i) The amount added to the taxpayer's total value and	68647
subtracted from the net carrying value of the taxpayer's	68648
liabilities shall not exceed the amount of the net carrying value	68649
of the taxpayer's liabilities owed to the taxpayer's related	68650
members.	68651

(ii) A liability owed to the taxpayer's related members	68652
includes, but is not limited to, any amount that the corporation	68653
owes to a person that is not a related member if the corporation's	68654
related member or related members in whole or in part guarantee	68655
any portion or all of that amount, or pledge, hypothecate,	68656
mortgage, or carry out any similar transactions to secure any	68657
portion or all of that amount.	68658

(3) The base upon which the tax is levied under division (C)	68659
of section 5733.06 of the Revised Code shall be computed by	68660
multiplying the amount determined under divisions (C)(1) and (2)	68661
of this section by the fraction determined under divisions	68662
(B)(2)(a) to (c) of this section and, if applicable, divisions	68663
(B)(2)(d)(ii) to (iv) of this section but without regard to	68664
section 5733.052 of the Revised Code.	68665

(4) For purposes of division (C) of this section, "related	68666
member" has the same meaning as in division (A)(6) of section	68667
5733.042 of the Revised Code without regard to division (B) of	68668
that section.	68669

Sec. 5733.051.  Subject to section 5733.0510 of the Revised	68670
Code, net income of a corporation subject to the tax imposed by	68671
section 5733.06 of the Revised Code shall be allocated and	68672
apportioned to this state as follows:	68673

(A) Net rents and royalties from real property located in	68674
this state are allocable to this state.	68675

(B) Net rents and royalties from tangible personal property,	68676
to the extent such property is utilized in this state, are	68677
allocable to this state if the taxpayer is otherwise subject to	68678
the tax imposed by section 5733.06 of the Revised Code.	68679

(C) Capital gains and losses from the sale or other	68680
disposition of real property located in this state are allocable	68681
to this state.	68682

(D) Capital gains and losses from the sale or other	68683
disposition of tangible personal property are allocable to this	68684
state if the property had a situs in this state at the time of	68685
sale and the taxpayer is otherwise subject to the tax imposed by	68686
section 5733.06 of the Revised Code.	68687

(E) Capital gains and losses from the sale or other	68688
disposition of intangible property which may produce income	68689
enumerated in division (F) of this section are allocable on the	68690
same basis as set forth in that division. Capital gains and losses	68691
from the sale or other disposition of all other intangible	68692
property are apportionable under division (I) of this section.	68693

(F) Dividends or distributions which are not otherwise	68694
deducted or excluded from net income, other than dividends or	68695
distributions from a domestic international sales corporation, are	68696
allocable to this state in accordance with the ratio of the book	68697
value of the physical assets of the payor of the dividends or	68698
distributions located in this state divided by the book value of	68699
the total physical assets of the payor located everywhere.	68700
Dividends or distributions received from a domestic international	68701
sales corporation, or from a payor the location of whose physical	68702
assets is unavailable to the taxpayer, are apportionable under	68703
division (I) of this section.	68704

(G) Patent and copyright royalties and technical assistance	68705
fees, not representing the principal source of gross receipts of	68706
the taxpayer, are allocable to this state to the extent that the	68707
activity of the payor thereof giving rise to the payment takes	68708
place in this state. If the location of the payor's activity is	68709
unavailable to the taxpayer, such royalties and fees are	68710
apportionable under division (I) of this section.	68711

(H) The following amounts described in division (B)(5) of	68712
section 5747.20 of the Revised Code are allocable to this state:	68713

(1)(a) All lottery prize awards paid by the state lottery	68714
commission pursuant to Chapter 3770. of the Revised Code.	68715

(b) All earnings, profit, income, and gain from the sale,	68716
exchange, or other disposition of lottery prize awards paid or to	68717
be paid to any person by the state lottery commission pursuant to	68718
Chapter 3770. of the Revised Code.	68719

(c) All earnings, profit, income, and gain from the direct or	68720
indirect ownership of lottery prize awards paid or to be paid to	68721
any person by the state lottery commission pursuant to Chapter	68722
3770. of the Revised Code.	68723

(d) All earnings, profit, income, and gain from the direct or	68724
indirect interest in any right in or to any lottery prize awards	68725
paid or to be paid to any person by the state lottery commission	68726
pursuant to Chapter 3770. of the Revised Code.	68727

(2) Lottery prize awards and related earnings, profit,	68728
income, or gain with regard to lotteries sponsored by persons or	68729
agencies outside this state are allocable outside this state.	68730

(I) Any other net income, from sources other than those	68731
enumerated in divisions (A) to (H) of this section, is	68732
apportionable to this state on the basis of the mechanism provided	68733
in division (B)(2) of section 5733.05 of the Revised Code.	68734

Sec. 5733.056.  (A) As used in this section:

68735

(1) "Billing address" means the address where any notice,	68736
statement, or bill relating to a customer's account is mailed, as	68737
indicated in the books and records of the taxpayer on the first	68738
day of the taxable year or on such later date in the taxable year	68739
when the customer relationship began.	68740

(2) "Borrower or credit card holder located in this state"	68741
means:	68742

(a) A borrower, other than a credit card holder, that is	68743
engaged in a trade or business and maintains its commercial	68744
domicile in this state; or	68745

(b) A borrower that is not engaged in a trade or business, or	68746
a credit card holder, whose billing address is in this state.	68747

(3) "Branch" means a "domestic branch" as defined in section	68748
3 of the "Federal Deposit Insurance Act," 64 Stat. 873, 12 U.S.C.	68749
1813(o), as amended.	68750

(4) "Compensation" means wages, salaries, commissions, and	68751
any other form of remuneration paid to employees for personal	68752
services that are included in such employee's gross income under	68753
the Internal Revenue Code. In the case of employees not subject to	68754
the Internal Revenue Code, such as those employed in foreign	68755
countries, the determination of whether such payments would	68756
constitute gross income to such employees under the Internal	68757
Revenue Code shall be made as though such employees were subject	68758
to the Internal Revenue Code.	68759

(5) "Credit card" means a credit, travel, or entertainment	68760
card.	68761

(6) "Credit card issuer's reimbursement fee" means the fee a	68762
taxpayer receives from a merchant's bank because one of the	68763
persons to whom the taxpayer has issued a credit card has charged	68764
merchandise or services to the credit card.	68765

(7) "Deposits" has the meaning given in section 3 of the	68766
"Federal Deposit Insurance Act," 64 Stat. 873, 12 U.S.C. 1813(1),	68767
as amended.	68768

(8) "Employee" means, with respect to a particular taxpayer,	68769
any individual who under the usual common law rules applicable in	68770
determining the employer-employee relationship, has the status of	68771
an employee of that taxpayer.	68772

(9) "Gross rents" means the actual sum of money or other	68773
consideration payable for the use or possession of property.	68774
"Gross rents" includes:	68775

(a) Any amount payable for the use or possession of real	68776
property or tangible personal property whether designated as a	68777
fixed sum of money or as a percentage of receipts, profits, or	68778
otherwise;	68779

(b) Any amount payable as additional rent or in lieu of rent,	68780
such as interest, taxes, insurance, repairs, or any other amount	68781
required to be paid by the terms of a lease or other arrangement;	68782
and	68783

(c) A proportionate part of the cost of any improvement to	68784
real property made by or on behalf of the taxpayer which reverts	68785
to the owner or lessor upon termination of a lease or other	68786
arrangement. The amount to be included in gross rents is the	68787
amount of amortization or depreciation allowed in computing the	68788
taxable income base for the taxable year. However, where a	68789
building is erected on leased land, by or on behalf of the	68790
taxpayer, the value of the land is determined by multiplying the	68791
gross rent by eight, and the value of the building is determined	68792
in the same manner as if owned by the taxpayer.	68793

(d) The following are not included in the term "gross rents":

68794

(i) Reasonable amounts payable as separate charges for water	68795
and electric service furnished by the lessor;	68796

(ii) Reasonable amounts payable as service charges for	68797
janitorial services furnished by the lessor;	68798

(iii) Reasonable amounts payable for storage, provided such	68799
amounts are payable for space not designated and not under the	68800
control of the taxpayer; and	68801

(iv) That portion of any rental payment which is applicable	68802
to the space subleased from the taxpayer and not used by it.	68803

(10) "Loan" means any extension of credit resulting from	68804
direct negotiations between the taxpayer and its customer, or the	68805
purchase, in whole or in part, of such extension of credit from	68806
another. Loans include debt obligations of subsidiaries,	68807
participations, syndications, and leases treated as loans for	68808
federal income tax purposes. "Loan" does not include: properties	68809
treated as loans under section 595 of the Internal Revenue Code;	68810
futures or forward contracts; options; notional principal	68811
contracts such as swaps; credit card receivables, including	68812
purchased credit card relationships; non-interest bearing balances	68813
due from depositor institutions; cash items in the process of	68814
collection; federal funds sold; securities purchased under	68815
agreements to resell; assets held in a trading account;	68816
securities; interests in a real estate mortgage investment conduit	68817
or other mortgage-backed or asset-backed security; and other	68818
similar items.	68819

(11) "Loan secured by real property" means that fifty per	68820
cent or more of the aggregate value of the collateral used to	68821
secure a loan or other obligation, when valued at fair market	68822
value as of the time the original loan or obligation was incurred,	68823
was real property.	68824

(12) "Merchant discount" means the fee, or negotiated	68825
discount, charged to a merchant by the taxpayer for the privilege	68826
of participating in a program whereby a credit card is accepted in	68827
payment for merchandise or services sold to the card holder.	68828

(13) "Participation" means an extension of credit in which an	68829
undivided ownership interest is held on a pro rata basis in a	68830
single loan or pool of loans and related collateral. In a loan	68831
participation, the credit originator initially makes the loan and	68832
then subsequently resells all or a portion of it to other lenders.	68833
The participation may or may not be known to the borrower.	68834

(14) "Principal base of operations" with respect to	68835
transportation property means the place of more or less permanent	68836
nature from which the property is regularly directed or	68837
controlled. With respect to an employee, the "principal base of	68838
operations" means the place of more or less permanent nature from	68839
which the employee regularly (a) starts work and to which the	68840
employee customarily returns in order to receive instructions from	68841
the employer or (b) communicates with the employee's customers or	68842
other persons or (c) performs any other functions necessary to the	68843
exercise of the trade or profession at some other point or points.	68844

(15) "Qualified institution" means a financial institution	68845
that on or after June 1, 1997:	68846

(a)(i) Has consummated one or more approved transactions with	68847
insured banks with different home states that would qualify under	68848
section 102 of the "Riegle-Neal Interstate Banking and Branching	68849
Efficiency Act of 1994," Public Law 103-328, 108 Stat. 2338;	68850

(ii) Is a federal savings association or federal savings bank	68851
that has consummated one or more interstate acquisitions that	68852
result in a financial institution that has branches in more than	68853
one state; or	68854

(iii) Has consummated one or more approved interstate	68855
acquisitions under authority of Title XI of the Revised Code that	68856
result in a financial institution that has branches in more than	68857
one state; and	68858

(b) Has at least nine per cent of its deposits in this state	68859
as of the last day of June prior to the beginning of the tax year.	68860

(16) "Real property owned" and "tangible personal property	68861
owned" mean real and tangible personal property, respectively, on	68862
which the taxpayer may claim depreciation for federal income tax	68863
purposes, or to which the taxpayer holds legal title and on which	68864
no other person may claim depreciation for federal income tax	68865
purposes, or could claim depreciation if subject to federal income	68866
tax. Real and tangible personal property do not include coin,	68867
currency, or property acquired in lieu of or pursuant to a	68868
foreclosure.	68869

(17) "Regular place of business" means an office at which the	68870
taxpayer carries on its business in a regular and systematic	68871
manner and which is continuously maintained, occupied, and used by	68872
employees of the taxpayer.	68873

(18) "State" means a state of the United States, the District	68874
of Columbia, the commonwealth of Puerto Rico, or any territory or	68875
possession of the United States.	68876

(19) "Syndication" means an extension of credit in which two	68877
or more persons fund and each person is at risk only up to a	68878
specified percentage of the total extension of credit or up to a	68879
specified dollar amount.	68880

(20) "Transportation property" means vehicles and vessels	68881
capable of moving under their own power, such as aircraft, trains,	68882
water vessels and motor vehicles, as well as any equipment or	68883
containers attached to such property, such as rolling stock,	68884
barges, trailers, or the like.	68885

(B) The annual financial institution report determines the	68886
value of the issued and outstanding shares of stock of the	68887
taxpayer, and is the base or measure of the franchise tax	68888
liability. Such determination shall be made as of the date shown	68889
by the report to have been the beginning of the financial	68890
institution's annual accounting period that includes the first day	68891
of January of the tax year. For purposes of this section, division	68892
(A) of section 5733.05, and division (D) of section 5733.06 of the	68893
Revised Code, the value of the issued and outstanding shares of	68894
stock of the financial institution shall include the total value,	68895
as shown by the books of the financial institution, of its	68896
capital, surplus, whether earned or unearned, undivided profits,	68897
and reserves, but exclusive of:	68898

(1) Reserves for accounts receivable, depreciation,	68899
depletion, and any other valuation reserves with respect to	68900
specific assets;	68901

(2) Taxes due and payable during the year for which such	68902
report was made;	68903

(3) Voting stock and participation certificates in	68904
corporations chartered pursuant to the "Farm Credit Act of 1971,"	68905
85 Stat. 597, 12 U.S.C. 2091, as amended;	68906

(4) Good will, appreciation, and abandoned property as set up	68907
in the annual report of the financial institution, provided a	68908
certified balance sheet of the company is made available upon the	68909
request of the tax commissioner. Such balance sheet shall not be a	68910
part of the public records, but shall be a confidential report for	68911
use of the tax commissioner only.	68912

(5) A portion of the value of the issued and outstanding	68913
shares of stock of such financial institution equal to the amount	68914
obtained by multiplying such value by the quotient obtained by:	68915

(a) Dividing (1) the amount of the financial institution's	68916
assets, as shown on its books, represented by investments in the	68917
capital stock and indebtedness of public utilities, except	68918
electric companies and combined companies, and, for tax years 2005	68919
and thereafter, telephone companies, of which at least eighty per	68920
cent of the utility's issued and outstanding common stock is owned	68921
by the financial institution by (2) the total assets of such	68922
financial institution as shown on its books;	68923

(b) Dividing (1) the amount of the financial institution's	68924
assets, as shown on its books, represented by investments in the	68925
capital stock and indebtedness of insurance companies of which at	68926
least eighty per cent of the insurance company's issued and	68927
outstanding common stock is owned by the financial institution by	68928
(2) the total assets of such financial institution as shown on its	68929
books;	68930

(c) Dividing (1) the amount of the financial institution's	68931
assets, as shown on its books, represented by investments in the	68932
capital stock and indebtedness of other financial institutions of	68933
which at least twenty-five per cent of the other financial	68934
institution's issued and outstanding common stock is owned by the	68935
financial institution by (2) the total assets of the financial	68936
institution as shown on its books. Division (B)(5)(c) of this	68937
section applies only with respect to such other financial	68938
institutions that for the tax year immediately following the	68939
taxpayer's taxable year will pay the tax imposed by division (D)	68940
of section 5733.06 of the Revised Code.	68941

(6) Land that has been determined pursuant to section 5713.31	68942
of the Revised Code by the county auditor of the county in which	68943
the land is located to be devoted exclusively to agricultural use	68944
as of the first Monday of June in the financial institution's	68945
taxable year.	68946

(7) Property within this state used exclusively during the	68947
taxable year for qualified research as defined in section 5733.05	68948
of the Revised Code.	68949

(C) The base upon which the tax levied under division (D) of	68950
section 5733.06 of the Revised Code shall be computed by	68951
multiplying the value of a financial institution's issued and	68952
outstanding shares of stock as determined in division (B) of this	68953
section by a fraction. The numerator of the fraction is the sum of	68954
the following: the property factor multiplied by fifteen, the	68955
payroll factor multiplied by fifteen, and the sales factor	68956
multiplied by seventy. The denominator of the fraction is one	68957
hundred, provided that the denominator shall be reduced by fifteen	68958
if the property factor has a denominator of zero, by fifteen if	68959
the payroll factor has a denominator of zero, and by seventy if	68960
the sales factor has a denominator of zero.	68961

(D) A financial institution shall calculate the property	68962
factor as follows:	68963

(1) The property factor is a fraction, the numerator of which	68964
is the average value of real property and tangible personal	68965
property rented to the taxpayer that is located or used within	68966
this state during the taxable year, the average value of real and	68967
tangible personal property owned by the taxpayer that is located	68968
or used within this state during the taxable year, and the average	68969
value of the taxpayer's loans and credit card receivables that are	68970
located within this state during the taxable year; and the	68971
denominator of which is the average value of all such property	68972
located or used within and without this state during the taxable	68973
year.	68974

(2)(a) The value of real property and tangible personal	68975
property owned by the taxpayer is the original cost or other basis	68976
of such property for federal income tax purposes without regard to	68977
depletion, depreciation, or amortization.	68978

(b) Loans are valued at their outstanding principal balance,	68979
without regard to any reserve for bad debts. If a loan is	68980
charged-off in whole or in part for federal income tax purposes,	68981
the portion of the loan charged-off is not outstanding. A	68982
specifically allocated reserve established pursuant to financial	68983
accounting guidelines which is treated as charged-off for federal	68984
income tax purposes shall be treated as charged-off for purposes	68985
of this section.	68986

(c) Credit card receivables are valued at their outstanding	68987
principal balance, without regard to any reserve for bad debts. If	68988
a credit card receivable is charged-off in whole or in part for	68989
federal income tax purposes, the portion of the receivable	68990
charged-off is not outstanding.	68991

(3) The average value of property owned by the taxpayer is	68992
computed on an annual basis by adding the value of the property on	68993
the first day of the taxable year and the value on the last day of	68994
the taxable year and dividing the sum by two. If averaging on this	68995
basis does not properly reflect average value, the tax	68996
commissioner may require averaging on a more frequent basis. The	68997
taxpayer may elect to average on a more frequent basis. When	68998
averaging on a more frequent basis is required by the tax	68999
commissioner or is elected by the taxpayer, the same method of	69000
valuation must be used consistently by the taxpayer with respect	69001
to property within and without this state and on all subsequent	69002
returns unless the taxpayer receives prior permission from the tax	69003
commissioner or the tax commissioner requires a different method	69004
of determining value.	69005

(4)(a) The average value of real property and tangible	69006
personal property that the taxpayer has rented from another and is	69007
not treated as property owned by the taxpayer for federal income	69008
tax purposes, shall be determined annually by multiplying the	69009
gross rents payable during the taxable year by eight.	69010

(b) Where the use of the general method described in division	69011
(D)(4)(a) of this section results in inaccurate valuations of	69012
rented property, any other method which properly reflects the	69013
value may be adopted by the tax commissioner or by the taxpayer	69014
when approved in writing by the tax commissioner. Once approved,	69015
such other method of valuation must be used on all subsequent	69016
returns unless the taxpayer receives prior approval from the tax	69017
commissioner or the tax commissioner requires a different method	69018
of valuation.	69019

(5)(a) Except as described in division (D)(5)(b) of this	69020
section, real property and tangible personal property owned by or	69021
rented to the taxpayer is considered to be located within this	69022
state if it is physically located, situated, or used within this	69023
state.	69024

(b) Transportation property is included in the numerator of	69025
the property factor to the extent that the property is used in	69026
this state. The extent an aircraft will be deemed to be used in	69027
this state and the amount of value that is to be included in the	69028
numerator of this state's property factor is determined by	69029
multiplying the average value of the aircraft by a fraction, the	69030
numerator of which is the number of landings of the aircraft in	69031
this state and the denominator of which is the total number of	69032
landings of the aircraft everywhere. If the extent of the use of	69033
any transportation property within this state cannot be	69034
determined, then the property will be deemed to be used wholly in	69035
the state in which the property has its principal base of	69036
operations. A motor vehicle will be deemed to be used wholly in	69037
the state in which it is registered.	69038

(6)(a)(i) A loan, other than a loan or advance described in	69039
division (D)(6)(d) of this section, is considered to be located	69040
within this state if it is properly assigned to a regular place of	69041
business of the taxpayer within this state.	69042

(ii) A loan is properly assigned to the regular place of	69043
business with which it has a preponderance of substantive	69044
contacts. A loan assigned by the taxpayer to a regular place of	69045
business without the state shall be presumed to have been properly	69046
assigned if:	69047

(I) The taxpayer has assigned, in the regular course of its	69048
business, such loan on its records to a regular place of business	69049
consistent with federal or state regulatory requirements;	69050

(II) Such assignment on its records is based upon substantive	69051
contacts of the load to such regular place of business; and	69052

(III) The taxpayer uses the records reflecting assignment of	69053
loans for the filing of all state and local tax returns for which	69054
an assignment of loans to a regular place of business is required.	69055

(iii) The presumption of proper assignment of a loan provided	69056
in division (D)(6)(a)(ii) of this section may be rebutted upon a	69057
showing by the tax commissioner, supported by a preponderance of	69058
the evidence, that the preponderance of substantive contacts	69059
regarding such loan did not occur at the regular place of business	69060
to which it was assigned on the taxpayer's records. When such	69061
presumption has been rebutted, the loan shall then be located	69062
within this state if (1) the taxpayer had a regular place of	69063
business within this state at the time the loan was made; and (2)	69064
the taxpayer fails to show, by a preponderance of the evidence,	69065
that the preponderance of substantive contacts regarding such loan	69066
did not occur within this state.	69067

(b) In the case of a loan which is assigned by the taxpayer	69068
to a place without this state which is not a regular place of	69069
business, it shall be presumed, subject to rebuttal by the	69070
taxpayer on a showing supported by the preponderance of evidence,	69071
that the preponderance of substantive contacts regarding the loan	69072
occurred within this state if, at the time the loan was made the	69073
taxpayer's commercial domicile was within this state.	69074

(c) To determine the state in which the preponderance of	69075
substantive contacts relating to a loan have occurred, the facts	69076
and circumstances regarding the loan at issue shall be reviewed on	69077
a case-by-case basis and consideration shall be given to such	69078
activities as the solicitation, investigation, negotiation,	69079
approval, and administration of the loan. The terms	69080
"solicitation," "investigation," "negotiation," "approval," and	69081
"administration" are defined as follows:	69082

(i) "Solicitation" is either active or passive. Active	69083
solicitation occurs when an employee of the taxpayer initiates the	69084
contact with the customer. Such activity is located at the regular	69085
place of business which the taxpayer's employee is regularly	69086
connected with or working out of, regardless of where the services	69087
of such employee were actually performed. Passive solicitation	69088
occurs when the customer initiates the contact with the taxpayer.	69089
If the customer's initial contact was not at a regular place of	69090
business of the taxpayer, the regular place of business, if any,	69091
where the passive solicitation occurred is determined by the facts	69092
in each case.	69093

(ii) "Investigation" is the procedure whereby employees of	69094
the taxpayer determine the creditworthiness of the customer as	69095
well as the degree of risk involved in making a particular	69096
agreement. Such activity is located at the regular place of	69097
business which the taxpayer's employees are regularly connected	69098
with or working out of, regardless of where the services of such	69099
employees were actually performed.	69100

(iii) Negotiation is the procedure whereby employees of the	69101
taxpayer and its customer determine the terms of the agreement,	69102
such as the amount, duration, interest rate, frequency of	69103
repayment, currency denomination, and security required. Such	69104
activity is located at the regular place of business to which the	69105
taxpayer's employees are regularly connected or working from,	69106
regardless of where the services of such employees were actually	69107
performed.	69108

(iv) "Approval" is the procedure whereby employees or the	69109
board of directors of the taxpayer make the final determination	69110
whether to enter into the agreement. Such activity is located at	69111
the regular place of business to which the taxpayer's employees	69112
are regularly connected or working from, regardless of where the	69113
services of such employees were actually performed. If the board	69114
of directors makes the final determination, such activity is	69115
located at the commercial domicile of the taxpayer.	69116

(v) "Administration" is the process of managing the account.	69117
This process includes bookkeeping, collecting the payments,	69118
corresponding with the customer, reporting to management regarding	69119
the status of the agreement, and proceeding against the borrower	69120
or the security interest if the borrower is in default. Such	69121
activity is located at the regular place of business that oversees	69122
this activity.	69123

(d) A loan or advance to a subsidiary corporation at least	69124
fifty-one per cent of whose common stock is owned by the financial	69125
institution shall be allocated in and out of the state by the	69126
application of a ratio whose numerator is the sum of the net book	69127
value of the subsidiary's real property owned in this state and	69128
the subsidiary's tangible personal property owned in this state	69129
and whose denominator is the sum of the subsidiary's real property	69130
owned wherever located and the subsidiary's tangible personal	69131
property owned wherever located. For purposes of calculating this	69132
ratio, the taxpayer shall determine net book value in accordance	69133
with generally accepted accounting principles. If the subsidiary	69134
corporation owns at least fifty-one per cent of the common stock	69135
of another corporation, the ratio shall be calculated by including	69136
the other corporation's real property and tangible personal	69137
property. The calculation of the ratio applies with respect to all	69138
lower-tiered subsidiaries, provided that the immediate parent	69139
corporation of the subsidiary owns at least fifty-one per cent of	69140
the common stock of that subsidiary.	69141

(7) For purposes of determining the location of credit card	69142
receivables, credit card receivables shall be treated as loans and	69143
shall be subject to division (D)(6) of this section.	69144

(8) A loan that has been properly assigned to a state shall,	69145
absent any change of material fact, remain assigned to that state	69146
for the length of the original term of the loan. Thereafter, the	69147
loan may be properly assigned to another state if the loan has a	69148
preponderance of substantive contact to a regular place of	69149
business there.	69150

(E) A financial institution shall calculate the payroll	69151
factor as follows:	69152

(1) The payroll factor is a fraction, the numerator of which	69153
is the total amount paid in this state during the taxable year by	69154
the taxpayer for compensation, and the denominator of which is the	69155
total compensation paid both within and without this state during	69156
the taxable year.	69157

(2) Compensation is paid in this state if any one of the	69158
following tests, applied consecutively, is met:	69159

(a) The employee's services are performed entirely within	69160
this state.	69161

(b) The employee's services are performed both within and	69162
without this state, but the service performed without this state	69163
is incidental to the employee's service within this state. The	69164
term "incidental" means any service which is temporary or	69165
transitory in nature, or which is rendered in connection with an	69166
isolated transaction.	69167

(c) The employee's services are performed both within and	69168
without this state, and:	69169

(i) The employee's principal base of operations is within	69170
this state; or	69171

(ii) There is no principal base of operations in any state in	69172
which some part of the services are performed, but the place from	69173
which the services are directed or controlled is in this state; or	69174

(iii) The principal base of operations and the place from	69175
which the services are directed or controlled are not in any state	69176
in which some part of the service is performed but the employee's	69177
residence is in this state.	69178

(F) A financial institution shall calculate the sales factor	69179
as follows:	69180

(1) The sales factor is a fraction, the numerator of which is	69181
the receipts of the taxpayer in this state during the taxable year	69182
and the denominator of which is the receipts of the taxpayer	69183
within and without this state during the taxable year. The method	69184
of calculating receipts for purposes of the denominator is the	69185
same as the method used in determining receipts for purposes of	69186
the numerator.	69187

(2) The numerator of the sales factor includes receipts from	69188
the lease or rental of real property owned by the taxpayer if the	69189
property is located within this state, or receipts from the	69190
sublease of real property if the property is located within this	69191
state.	69192

(3)(a) Except as described in division (F)(3)(b) of this	69193
section the numerator of the sales factor includes receipts from	69194
the lease or rental of tangible personal property owned by the	69195
taxpayer if the property is located within this state when it is	69196
first placed in service by the lessee.	69197

(b) Receipts from the lease or rental of transportation	69198
property owned by the taxpayer are included in the numerator of	69199
the sales factor to the extent that the property is used in this	69200
state. The extent an aircraft will be deemed to be used in this	69201
state and the amount of receipts that is to be included in the	69202
numerator of this state's sales factor is determined by	69203
multiplying all the receipts from the lease or rental of the	69204
aircraft by a fraction, the numerator of which is the number of	69205
landings of the aircraft in this state and the denominator of	69206
which is the total number of landings of the aircraft. If the	69207
extent of the use of any transportation property within this state	69208
cannot be determined, then the property will be deemed to be used	69209
wholly in the state in which the property has its principal base	69210
of operations. A motor vehicle will be deemed to be used wholly in	69211
the state in which it is registered.	69212

(4)(a) The numerator of the sales factor includes interest	69213
and fees or penalties in the nature of interest from loans secured	69214
by real property if the property is located within this state. If	69215
the property is located both within this state and one or more	69216
other states, the receipts described in this paragraph are	69217
included in the numerator of the sales factor if more than fifty	69218
per cent of the fair market value of the real property is located	69219
within this state. If more than fifty per cent of the fair market	69220
value of the real property is not located within any one state,	69221
then the receipts described in this paragraph shall be included in	69222
the numerator of the sales factor if the borrower is located in	69223
this state.	69224

(b) The determination of whether the real property securing a	69225
loan is located within this state shall be made as of the time the	69226
original agreement was made and any and all subsequent	69227
substitutions of collateral shall be disregarded.	69228

(5) The numerator of the sales factor includes interest and	69229
fees or penalties in the nature of interest from loans not secured	69230
by real property if the borrower is located in this state.	69231

(6) The numerator of the sales factor includes net gains from	69232
the sale of loans. Net gains from the sale of loans includes	69233
income recorded under the coupon stripping rules of section 1286	69234
of the Internal Revenue Code.	69235

(a) The amount of net gains, but not less than zero, from the	69236
sale of loans secured by real property included in the numerator	69237
is determined by multiplying such net gains by a fraction the	69238
numerator of which is the amount included in the numerator of the	69239
sales factor pursuant to division (F)(4) of this section and the	69240
denominator of which is the total amount of interest and fees or	69241
penalties in the nature of interest from loans secured by real	69242
property.	69243

(b) The amount of net gains, but not less than zero, from the	69244
sale of loans not secured by real property included in the	69245
numerator is determined by multiplying such net gains by a	69246
fraction the numerator of which is the amount included in the	69247
numerator of the sales factor pursuant to division (F)(5) of this	69248
section and the denominator of which is the total amount of	69249
interest and fees or penalties in the nature of interest from	69250
loans not secured by real property.	69251

(7) The numerator of the sales factor includes interest and	69252
fees or penalties in the nature of interest from credit card	69253
receivables and receipts from fees charged to card holders, such	69254
as annual fees, if the billing address of the card holder is in	69255
this state.	69256

(8) The numerator of the sales factor includes net gains, but	69257
not less than zero, from the sale of credit card receivables	69258
multiplied by a fraction, the numerator of which is the amount	69259
included in the numerator of the sales factor pursuant to division	69260
(F)(7) of this section and the denominator of which is the	69261
taxpayer's total amount of interest and fees or penalties in the	69262
nature of interest from credit card receivables and fees charged	69263
to card holders.	69264

(9) The numerator of the sales factor includes all credit	69265
card issuer's reimbursement fees multiplied by a fraction, the	69266
numerator of which is the amount included in the numerator of the	69267
sales factor pursuant to division (F)(7) of this section and the	69268
denominator of which is the taxpayer's total amount of interest	69269
and fees or penalties in the nature of interest from credit card	69270
receivables and fees charged to card holders.	69271

(10) The numerator of the sales factor includes receipts from	69272
merchant discount if the commercial domicile of the merchant is in	69273
this state. Such receipts shall be computed net of any card holder	69274
charge backs, but shall not be reduced by any interchange	69275
transaction fees or by any issuer's reimbursement fees paid to	69276
another for charges made by its card holders.	69277

(11)(a)(i) The numerator of the sales factor includes loan	69278
servicing fees derived from loans secured by real property	69279
multiplied by a fraction the numerator of which is the amount	69280
included in the numerator of the sales factor pursuant to division	69281
(F)(4) of this section and the denominator of which is the total	69282
amount of interest and fees or penalties in the nature of interest	69283
from loans secured by real property.	69284

(ii) The numerator of the sales factor includes loan	69285
servicing fees derived from loans not secured by real property	69286
multiplied by a fraction the numerator of which is the amount	69287
included in the numerator of the sales factor pursuant to division	69288
(F)(5) of this section and the denominator of which is the total	69289
amount of interest and fees or penalties in the nature of interest	69290
from loans not secured by real property.	69291

(b) In circumstances in which the taxpayer receives loan	69292
servicing fees for servicing either the secured or the unsecured	69293
loans of another, the numerator of the sales factor shall include	69294
such fees if the borrower is located in this state.	69295

(12) The numerator of the sales factor includes receipts from	69296
services not otherwise apportioned under this section if the	69297
service is performed in this state. If the service is performed	69298
both within and without this state, the numerator of the sales	69299
factor includes receipts from services not otherwise apportioned	69300
under this section, if a greater proportion of the income	69301
producing activity is performed in this state based on cost of	69302
performance.	69303

(13)(a) Interest, dividends, net gains, but not less than	69304
zero, and other income from investment assets and activities and	69305
from trading assets and activities shall be included in the sales	69306
factor. Investment assets and activities and trading assets and	69307
activities include but are not limited to: investment securities;	69308
trading account assets; federal funds; securities purchased and	69309
sold under agreements to resell or repurchase; options; futures	69310
contracts; forward contracts; notional principal contracts such as	69311
swaps; equities; and foreign currency transactions. With respect	69312
to the investment and trading assets and activities described in	69313
divisions (F)(13)(a)(i) and (ii) of this section, the sales factor	69314
shall include the amounts described in such divisions.	69315

(i) The sales factor shall include the amount by which	69316
interest from federal funds sold and securities purchased under	69317
resale agreements exceeds interest expense on federal funds	69318
purchased and securities sold under repurchase agreements.	69319

(ii) The sales factor shall include the amount by which	69320
interest, dividends, gains, and other income from trading assets	69321
and activities, including, but not limited to, assets and	69322
activities in the matched book, in the arbitrage book, and foreign	69323
currency transactions, exceed amounts paid in lieu of interest,	69324
amounts paid in lieu of dividends, and losses from such assets and	69325
activities.	69326

(b) The numerator of the sales factor includes interest,	69327
dividends, net gains, but not less than zero, and other income	69328
from investment assets and activities and from trading assets and	69329
activities described in division (F)(13)(a) of this section that	69330
are attributable to this state.	69331

(i) The amount of interest, other than interest described in	69332
division (F)(13)(b)(iv) of this section, dividends, other than	69333
dividends described in that division, net gains, but not less than	69334
zero, and other income from investment assets and activities in	69335
the investment account to be attributed to this state and included	69336
in the numerator is determined by multiplying all such income from	69337
such assets and activities by a fraction, the numerator of which	69338
is the average value of such assets which are properly assigned to	69339
a regular place of business of the taxpayer within this state and	69340
the denominator of which is the average value of all such assets.	69341

(ii) The amount of interest from federal funds sold and	69342
purchased and from securities purchased under resale agreements	69343
and securities sold under repurchase agreements attributable to	69344
this state and included in the numerator is determined by	69345
multiplying the amount described in division (F)(13)(a)(i) of this	69346
section from such funds and such securities by a fraction, the	69347
numerator of which is the average value of federal funds sold and	69348
securities purchased under agreements to resell which are properly	69349
assigned to a regular place of business of the taxpayer within	69350
this state and the denominator of which is the average value of	69351
all such funds and such securities.	69352

(iii) The amount of interest, dividends, gains, and other	69353
income from trading assets and activities, including but not	69354
limited to assets and activities in the matched book, in the	69355
arbitrage book, and foreign currency transaction, but excluding	69356
amounts described in division (F)(13)(b)(i) or (ii) of this	69357
section, attributable to this state and included in the numerator	69358
is determined by multiplying the amount described in division	69359
(F)(13)(a)(ii) of this section by a fraction, the numerator of	69360
which is the average value of such trading assets which are	69361
properly assigned to a regular place of business of the taxpayer	69362
within this state and the denominator of which is the average	69363
value of all such assets.	69364

(iv) The amount of dividends received on the capital stock	69365
of, and the amount of interest received from loans and advances	69366
to, subsidiary corporations at least fifty-one per cent of whose	69367
common stock is owned by the reporting financial institution shall	69368
be allocated in and out of this state by the application of a	69369
ratio whose numerator is the sum of the net book value of the	69370
payor's real property owned in this state and the payor's tangible	69371
personal property owned in this state and whose denominator is the	69372
sum of the net book value of the payor's real property owned	69373
wherever located and the payor's tangible personal property owned	69374
wherever located. For purposes of calculating this ratio, the	69375
taxpayer shall determine net book value in accordance with	69376
generally accepted accounting principles.	69377

(v) For purposes of this division, average value shall be	69378
determined using the rules for determining the average value of	69379
tangible personal property set forth in division (D)(2) and (3) of	69380
this section.	69381

(c) In lieu of using the method set forth in division	69382
(F)(13)(b) of this section, the taxpayer may elect, or the tax	69383
commissioner may require in order to fairly represent the business	69384
activity of the taxpayer in this state, the use of the method set	69385
forth in division (F)(13)(c) of this section.	69386

(i) The amount of interest, other than interest described in	69387
division (F)(13)(b)(iv) of this section, dividends, other than	69388
dividends described in that division, net gains, but not less than	69389
zero, and other income from investment assets and activities in	69390
the investment account to be attributed to this state and included	69391
in the numerator is determined by multiplying all such income from	69392
such assets and activities by a fraction, the numerator of which	69393
is the gross income from such assets and activities which are	69394
properly assigned to a regular place of business of the taxpayer	69395
within this state, and the denominator of which is the gross	69396
income from all such assets and activities.	69397

(ii) The amount of interest from federal funds sold and	69398
purchased and from securities purchased under resale agreements	69399
and securities sold under repurchase agreements attributable to	69400
this state and included in the numerator is determined by	69401
multiplying the amount described in division (F)(13)(a)(i) of this	69402
section from such funds and such securities by a fraction, the	69403
numerator of which is the gross income from such funds and such	69404
securities which are properly assigned to a regular place of	69405
business of the taxpayer within this state and the denominator of	69406
which is the gross income from all such funds and such securities.	69407

(iii) The amount of interest, dividends, gains, and other	69408
income from trading assets and activities, including, but not	69409
limited to, assets and activities in the matched book, in the	69410
arbitrage book, and foreign currency transactions, but excluding	69411
amounts described in division (F)(13)(a)(i) or (ii) of this	69412
section, attributable to this state and included in the numerator,	69413
is determined by multiplying the amount described in division	69414
(F)(13)(a)(ii) of this section by a fraction, the numerator of	69415
which is the gross income from such trading assets and activities	69416
which are properly assigned to a regular place of business of the	69417
taxpayer within this state and the denominator of which is the	69418
gross income from all such assets and activities.	69419

(iv) The amount of dividends received on the capital stock	69420
of, and the amount of interest received from loans and advances	69421
to, subsidiary corporations at least fifty-one per cent of whose	69422
common stock is owned by the reporting financial institution shall	69423
be allocated in and out of this state by the application of a	69424
ratio whose numerator is the sum of the net book value of the	69425
payor's real property owned in this state and the payor's tangible	69426
personal property owned in this state and whose denominator is the	69427
sum of the payor's real property owned wherever located and the	69428
payor's tangible personal property owned wherever located. For	69429
purposes of calculating this ratio, the taxpayer shall determine	69430
net book value in accordance with generally accepted accounting	69431
principles.	69432

(d) If the taxpayer elects or is required by the tax	69433
commissioner to use the method set forth in division (F)(13)(c) of	69434
this section, it shall use this method on all subsequent returns	69435
unless the taxpayer receives prior permission from the tax	69436
commissioner to use or the tax commissioner requires a different	69437
method.	69438

(e) The taxpayer shall have the burden of proving that an	69439
investment asset or activity or trading asset or activity was	69440
properly assigned to a regular place of business outside of this	69441
state by demonstrating that the day-to-day decisions regarding the	69442
asset or activity occurred at a regular place of business outside	69443
this state. Where the day-to-day decisions regarding an investment	69444
asset or activity or trading asset or activity occur at more than	69445
one regular place of business and one such regular place of	69446
business is in this state and one such regular place of business	69447
is outside this state such asset or activity shall be considered	69448
to be located at the regular place of business of the taxpayer	69449
where the investment or trading policies or guidelines with	69450
respect to the asset or activity are established. Unless the	69451
taxpayer demonstrates to the contrary, such policies and	69452
guidelines shall be presumed to be established at the commercial	69453
domicile of the taxpayer.	69454

(14) The numerator of the sales factor includes all other	69455
receipts if either:	69456

(a) The income-producing activity is performed solely in this	69457
state; or	69458

(b) The income-producing activity is performed both within	69459
and without this state and a greater proportion of the	69460
income-producing activity is performed within this state than in	69461
any other state, based on costs of performance.	69462

(G) A qualified institution may calculate the base upon which	69463
the fee provided for in division (D) of section 5733.06 of the	69464
Revised Code is determined for each tax year by multiplying the	69465
value of its issued and outstanding shares of stock determined	69466
under division (B) of this section by a single deposits fraction	69467
whose numerator is the deposits assigned to branches in this state	69468
and whose denominator is the deposits assigned to branches	69469
everywhere. Deposits shall be assigned to branches in the same	69470
manner in which the assignment is made for regulatory purposes. If	69471
the base calculated under this division is less than the base	69472
calculated under division (C) of this section, then the qualifying	69473
institution may elect to substitute the base calculated under this	69474
division for the base calculated under division (C) of this	69475
section. Such election may be made annually for each tax year on	69476
the corporate report. The election need not accompany the report;	69477
rather, the election may accompany a subsequently filed but timely	69478
application for refund, a subsequently filed but timely amended	69479
report, or a subsequently filed but timely petition for	69480
reassessment. The election is not irrevocable and it applies only	69481
to the specified tax year. Nothing in this division shall be	69482
construed to extend any statute of limitations set forth in this	69483
chapter.	69484

(H) If the apportionment provisions of this section do not	69485
fairly represent the extent of the taxpayer's business activity in	69486
this state, the taxpayer may petition for or the tax commissioner	69487
may require, in respect to all or any part of the taxpayer's	69488
business activity, if reasonable:	69489

(1) Separate accounting;

69490

(2) The exclusion of any one or more of the factors;

69491

(3) The inclusion of one or more additional factors which	69492
will fairly represent the taxpayer's business activity in this	69493
state; or	69494

(4) The employment of any other method to effectuate an	69495
equitable allocation and apportionment of the taxpayer's value.	69496

Sec. 5733.059.  (A) As used in this section:

69497

(1) "Customer" means a person who purchases electricity for	69498
consumption either by that person or by the person's related	69499
member and the electricity is not for resale directly or	69500
indirectly to any person other than a related member.	69501

(2) "Related member" has the same meaning as in division	69502
(A)(6) of section 5733.042 of the Revised Code without regard to	69503
division (B) of that section.	69504

(B) Except as provided in division (C) of this section, this	69505
division applies only to sales of electric transmission and	69506
distribution services. For purposes of sections 5733.05 and	69507
5747.21 of the Revised Code:	69508

(1) Sales of the transmission of electricity are in this	69509
state in proportion to the ratio of the wire mileage of the	69510
taxpayer's transmission lines located in this state divided by the	69511
wire mileage of the taxpayer's transmission lines located	69512
everywhere. Transmission wire mileage shall be weighted for the	69513
voltage capacity of each line.	69514

(2) Sales of the distribution of electricity are in this	69515
state in proportion to the ratio of the wire mileage of the	69516
taxpayer's distribution lines located in this state divided by the	69517
wire mileage of the taxpayer's distribution lines located	69518
everywhere. Distribution wire mileage shall not be weighted for	69519
the voltage capacity of each line.	69520

(C) This division applies only to a person that has	69521
transmission or distribution lines in this state. If a contract	69522
for the sale of electricity includes the seller's or the seller's	69523
related member's obligation to transmit or distribute the	69524
electricity and if the sales contract separately identifies the	69525
price charged for the transmission or distribution of electricity,	69526
the price charged for the transmission and distribution of	69527
electricity shall be apportioned to this state in accordance with	69528
division (B) of this section. Any remaining portion of the sales	69529
price of the electricity shall be sitused to this state in	69530
accordance with division (D) of this section.	69531

If the sales contract does not separately identify the price	69532
charged for the transmission or distribution of electricity, the	69533
sales price of the electricity shall be sitused to this state in	69534
accordance with division (D) of this section.	69535

(D) Any person who makes a sale of electricity shall situs	69536
the following to this state:	69537

(1) A sale of electricity directly or indirectly to a	69538
customer to the extent the customer consumes the electricity in	69539
this state;	69540

(2) A sale of electricity directly or indirectly to a related	69541
member where the related member directly or indirectly sells	69542
electricity to a customer to the extent the customer consumes the	69543
electricity in this state;	69544

(3) A sale of electricity if the seller or the seller's	69545
related member directly or indirectly delivers the electricity to	69546
a location in this state or directly or indirectly delivers the	69547
electricity exactly to the border of this state and another state;	69548

(4) A sale of electricity if the seller or the seller's	69549
related member directly or indirectly directs the delivery of the	69550
electricity to a location in this state or directly or indirectly	69551
directs the delivery of the electricity exactly to the border of	69552
this state and another state.	69553

(E) If the situsing provisions of this section do not fairly	69554
represent the extent of the taxpayer's or the taxpayer's related	69555
member's activity in this state, the taxpayer may request, or the	69556
tax commissioner may require, in respect to all or part of a	69557
taxpayer's or related member's sales, if reasonable, any of the	69558
following:	69559

(1) Separate accounting;

69560

(2) The exclusion of one or more additional situsing factors	69561
that will fairly represent the taxpayer's and the related member's	69562
sales in this state;	69563

(3) The inclusion of one or more additional situsing factors	69564
that will fairly represent the taxpayer's and the related member's	69565
sales in this state.	69566

The taxpayer's request shall be in writing and shall be filed	69567
with the report required by section 5733.02 of the Revised Code, a	69568
timely filed petition for reassessment, or a timely filed amended	69569
report. An alternative situsing method shall be effective with the	69570
approval of the tax commissioner.	69571

Nothing in this section shall be construed to extend any	69572
statute of limitations set forth in this chapter.	69573

(F) If the situsing provisions of this section do not fairly	69574
represent activity in this state, the tax commissioner may	69575
promulgate rules to situs sales using a methodology that fairly	69576
reflects sales in this state.	69577

(G) Notwithstanding sections 5733.111 and 5747.131section	69578
5703.56 of the Revised Code to the contrary, a person situsing a	69579
sale outside this state has the burden to establish by a	69580
preponderance of the evidence that the doctrines enumerated in	69581
those sectionsthat section do not apply.	69582

Sec. 5733.0511.  (A) As used in this section:

69583

(1) "Qualifying telephone company taxpayer" means either of	69584
the following:	69585

(a) A telephone company, but only if the telephone company	69586
was subject to the tax imposed by section 5727.30 of the Revised	69587
Code for gross receipts received during the period from July 1,	69588
2003, to June 30, 2004, and the telephone company's property	69589
subject to taxation under Chapter 5727. of the Revised Code for	69590
tax years 2003 through 2006 was assessed using the true value	69591
percentages provided for in division (B) of section 5727.111 of	69592
the Revised Code.	69593

(b) Any taxpayer not described in division (A)(1)(a) of this	69594
section if a telephone company described in division (A)(1)(a) of	69595
this section transfers all or a portion of its assets and equity	69596
directly or indirectly to the taxpayer, the transfer occurred as	69597
part of an entity organization or reorganization, or subsequent	69598
entity organization or reorganization, and the gain or loss with	69599
respect to the transfer is not recognized in whole or in part for	69600
federal income tax purposes under the Internal Revenue Code on	69601
account of a transfer as part of an entity organization or	69602
reorganization, or subsequent entity organization or	69603
reorganization.	69604

(2) "Qualifying telephone company asset" means any asset	69605
shown on the qualifying telephone company taxpayer's books and	69606
records on December 31, 2003, in accordance with generally	69607
accepted accounting principles.	69608

(3) "Net income" has the same meaning as in division (I) of	69609
section 5733.04 of the Revised Code.	69610

(4) "Book-tax difference" means the difference, if any,	69611
between a qualifying telephone company asset's net book value	69612
shown on the qualifying telephone company taxpayer's books and	69613
records on December 31, 2003, in accordance with generally	69614
accepted accounting principles, and such asset's adjusted basis on	69615
December 31, 2003. The book-tax difference may be a negative	69616
number.	69617

(5) Solely for purposes of division (A)(1)(a) of this	69618
section, "tax year" has the same meaning as used in section	69619
5727.01 of the Revised Code.	69620

(B) In computing net income under division (I) of section	69621
5733.04 of the Revised Code, a qualifying telephone company	69622
taxpayer shall adjust net income to reflect a ten-year	69623
amortization of the book-tax difference for each qualifying	69624
telephone company asset, in equal installments over each of the	69625
ten tax years beginning with 2010. If the net book value exceeds	69626
the adjusted basis of the asset as of December 31, 2003, net	69627
income shall be reduced in each of the ten years beginning with	69628
tax year 2010 by one-tenth of the book-tax difference. If the	69629
adjusted basis exceeds the net book value of the asset as of	69630
December 31, 2003, net income shall be increased in each of the	69631
ten years beginning with tax year 2010 by one-tenth of the	69632
absolute value of the book-tax difference. The adjustment to net	69633
income provided for by this division shall apply without regard to	69634
the disposal of those assets after December 31, 2003.	69635

(C) The allocation and apportionment of this amortization of	69636
the book-tax difference under this section shall be governed by	69637
division (B) of section 5733.05 and by section 5733.051 of the	69638
Revised Code. The tax commissioner may prescribe rules regarding	69639
the apportionment of the amortization of the book-tax difference	69640
under this section.	69641

(D) Nothing in this section shall allow for an adjustment	69642
more than once with respect to the same qualifying asset or allow	69643
more than one corporation to claim an adjustment with respect to	69644
the same qualifying telephone company asset.	69645

Sec. 5733.06.  The tax hereby charged each corporation	69646
subject to this chapter shall be the greater of the sum of	69647
divisions (A) and (B) of this section, after the reduction, if	69648
any, provided by division (J) of this section, or division (C) of	69649
this section, after the reduction, if any, provided by division	69650
(J) of this section, except that the tax hereby charged each	69651
financial institution subject to this chapter shall be the amount	69652
computed under division (D) of this section:	69653

(A) Except as set forth in division (F) of this section, five	69654
and one-tenth per cent upon the first fifty thousand dollars of	69655
the value of the taxpayer's issued and outstanding shares of stock	69656
as determined under division (B) of section 5733.05 of the Revised	69657
Code;	69658

(B) Except as set forth in division (F) of this section,	69659
eight and one-half per cent upon the value so determined in excess	69660
of fifty thousand dollars; or	69661

(C)(1) Except as otherwise provided under division (G) of	69662
this section, four mills times that portion of the value of the	69663
issued and outstanding shares of stock as determined under	69664
division (C) of section 5733.05 of the Revised Code. For the	69665
purposes of division (C) of this section, division (C)(2) of	69666
section 5733.065, and division (C) of section 5733.066 of the	69667
Revised Code, the value of the issued and outstanding shares of	69668
stock of an eligible corporation for tax year 2003 through tax	69669
year 2007, or of a qualified holding company, is zero.	69670

(2) As used in division (C) of this section, "eligible	69671
corporation" means a person treated as a corporation for federal	69672
income tax purposes that meets all of the following criteria:	69673

(a) The corporation conducts business for an entire taxable	69674
year as a qualified trade or business as defined by division (C)	69675
of section 122.15 of the Revised Code.	69676

(b) The corporation uses more than fifty per cent of the	69677
corporation's assets, based on net book value, that are located in	69678
Ohio solely to conduct activities that constitute a qualified	69679
trade or business as defined by section 122.15 of the Revised	69680
Code.	69681

(c) The corporation has been formed or organized not more	69682
than three years before the report required to be filed by section	69683
5733.02 of the Revised Code is due, without regard to any	69684
extensions.	69685

(d) The corporation is not a related member, as defined in	69686
section 5733.042 of the Revised Code, at any time during the	69687
taxable year with respect to another person treated as a	69688
corporation for federal income tax purposes. A corporation is not	69689
a related member if during the entire taxable year at least	69690
seventy-five per cent of the corporation's stock is owned directly	69691
or through a pass-through entity by individuals, estates, and	69692
grantor trusts, and the individuals, estates, and grantor trusts	69693
do not directly or indirectly own more than twenty per cent of the	69694
value of another person treated as a corporation for federal	69695
income tax purposes that is conducting a qualified trade or	69696
business.	69697

(D) The tax charged each financial institution subject to	69698
this chapter shall be that portion of the value of the issued and	69699
outstanding shares of stock as determined under division (A) of	69700
section 5733.05 of the Revised Code, multiplied by the following	69701
amounts:	69702

(1) For tax years prior to the 1999 tax year, fifteen mills;

69703

(2) For the 1999 tax year, fourteen mills;

69704

(3) For tax year 2000 and thereafter, thirteen mills.

69705

(E) No tax shall be charged from any corporation that has	69706
been adjudicated bankrupt, or for which a receiver has been	69707
appointed, or that has made a general assignment for the benefit	69708
of creditors, except for the portion of the then current tax year	69709
during which the tax commissioner finds such corporation had the	69710
power to exercise its corporate franchise unimpaired by such	69711
proceedings or act. The minimum payment for all corporationseach	69712
corporation shall be fifty dollarsas follows:	69713

(1) One thousand dollars in the case of a corporation having	69714
gross receipts for the taxable year equal to at least five million	69715
dollars from activities within or outside this state or in the	69716
case of a corporation employing at least three hundred employees	69717
at some time during the taxable year within or outside this state;	69718

(2) Fifty dollars in the case of any other corporation.

69719

The tax charged to corporations under this chapter for the	69720
privilege of engaging in business in this state, which is an	69721
excise tax levied on the value of the issued and outstanding	69722
shares of stock, shall in no manner be construed as prohibiting or	69723
otherwise limiting the powers of municipal corporations, joint	69724
economic development zones created under section 715.691 of the	69725
Revised Code, and joint economic development districts created	69726
under section 715.70 or 715.71 or sections 715.72 to 715.81 of the	69727
Revised Code in this state to impose an income tax on the income	69728
of such corporations.	69729

(F) If two or more taxpayers satisfy the ownership or control	69730
requirements of division (A) of section 5733.052 of the Revised	69731
Code, each such taxpayer shall substitute "the taxpayer's pro-rata	69732
amount" for "fifty thousand dollars" in divisions (A) and (B) of	69733
this section. For purposes of this division, "the taxpayer's	69734
pro-rata amount" is an amount that, when added to the other such	69735
taxpayers' pro-rata amounts, does not exceed fifty thousand	69736
dollars. For the purpose of making that computation, the	69737
taxpayer's pro-rata amount shall not be less than zero. Nothing in	69738
this division derogates from or eliminates the requirement to make	69739
the alternative computation of tax under division (C) of this	69740
section.	69741

(G) The tax liability of any corporation under division (C)	69742
of this section shall not exceed one hundred fifty thousand	69743
dollars.	69744

(H)(1) For the purposes of division (H) of this section,	69745
"exiting corporation" means a corporation that satisfies all of	69746
the following conditions:	69747

(a) The corporation had nexus with or in this state under the	69748
Constitution of the United States during any portion of a calendar	69749
year;	69750

(b) The corporation was not a corporation described in	69751
division (A) of section 5733.01 of the Revised Code on the first	69752
day of January immediately following that calendar year;	69753

(c) The corporation was not a financial institution on the	69754
first day of January immediately following that calendar year;	69755

(d) If the corporation was a transferor as defined in section	69756
5733.053 of the Revised Code, the corporation's transferee was not	69757
required to add to the transferee's net income the income of the	69758
transferor pursuant to division (B) of that section;	69759

(e) During any portion of that calendar year, or any portion	69760
of the immediately preceding calendar year, the corporation had	69761
net income that was not included in a report filed by the	69762
corporation or its transferee pursuant to section 5733.02,	69763
5733.021, 5733.03, 5733.031, or 5733.053 of the Revised Code;	69764

(f) The corporation would have been subject to the tax	69765
computed under divisions (A), (B), (C), (F), and (G) of this	69766
section if the corporation is assumed to be a corporation	69767
described in division (A) of section 5733.01 of the Revised Code	69768
on the first day of January immediately following the calendar	69769
year to which division (H)(1)(a) of this section refers.	69770

(2) For the purposes of division (H) of this section,	69771
"unreported net income" means net income that was not previously	69772
included in a report filed pursuant to section 5733.02, 5733.021,	69773
5733.03, 5733.031, or 5733.053 of the Revised Code and that was	69774
realized or recognized during the calendar year to which division	69775
(H)(1) of this section refers or the immediately preceding	69776
calendar year.	69777

(3) Each exiting corporation shall pay a tax computed by	69778
first allocating and apportioning the unreported net income	69779
pursuant to division (B) of section 5733.05 and section 5733.051	69780
and, if applicable, section 5733.052 of the Revised Code. The	69781
exiting corporation then shall compute the tax due on its	69782
unreported net income allocated and apportioned to this state by	69783
applying divisions (A), (B), and (F) of this section to that	69784
income.	69785

(4) Divisions (C) and (G) of this section, division (D)(2) of	69786
section 5733.065, and division (C) of section 5733.066 of the	69787
Revised Code do not apply to an exiting corporation, but exiting	69788
corporations are subject to every other provision of this chapter.	69789

(5) Notwithstanding division (B) of section 5733.01 or	69790
sections 5733.02, 5733.021, and 5733.03 of the Revised Code to the	69791
contrary, each exiting corporation shall report and pay the tax	69792
due under division (H) of this section on or before the	69793
thirty-first day of May immediately following the calendar year to	69794
which division (H)(1)(a) of this section refers. The exiting	69795
corporation shall file that report on the form most recently	69796
prescribed by the tax commissioner for the purposes of complying	69797
with sections 5733.02 and 5733.03 of the Revised Code. Upon	69798
request by the corporation, the tax commissioner may extend the	69799
date for filing the report.	69800

(6) If, on account of the application of section 5733.053 of	69801
the Revised Code, net income is subject to the tax imposed by	69802
divisions (A) and (B) of this section, such income shall not be	69803
subject to the tax imposed by division (H)(3) of this section.	69804

(7) The amendments made to division (H) of this section by	69805
Am. Sub. S.B. 287 of the 123rd general assembly do not apply to	69806
any transfer, as defined in section 5733.053 of the Revised Code,	69807
for which negotiations began prior to January 1, 2001, and that	69808
was commenced in and completed during calendar year 2001, unless	69809
the taxpayer makes an election prior to December 31, 2001, to	69810
apply those amendments.	69811

(8) The tax commissioner may adopt rules governing division	69812
(H) of this section.	69813

(I) Any reference in the Revised Code to "the tax imposed by	69814
section 5733.06 of the Revised Code" or "the tax due under section	69815
5733.06 of the Revised Code" includes the taxes imposed under	69816
sections 5733.065 and 5733.066 of the Revised Code.	69817

(J)(1) Division (J) of this section applies solely to a	69818
combined company. Section 5733.057 of the Revised Code shall apply	69819
when calculating the adjustments required by division (J) of this	69820
section.	69821

(2) Subject to division (J)(4) of this section, the total tax	69822
calculated in divisions (A) and (B) of this section shall be	69823
reduced by an amount calculated by multiplying such tax by a	69824
fraction, the numerator of which is the total taxable gross	69825
receipts attributed to providing public utility activity other	69826
than as an electric company under section 5727.03 of the Revised	69827
Code for the year upon which the taxable gross receipts are	69828
measured immediately preceding the tax year, and the denominator	69829
of which is the total gross receipts from all sources for the year	69830
upon which the taxable gross receipts are measured immediately	69831
preceding the tax year. Nothing herein shall be construed to	69832
exclude from the denominator any item of income described in	69833
section 5733.051 of the Revised Code.	69834

(3) Subject to division (J)(4) of this section, the total tax	69835
calculated in division (C) of this section shall be reduced by an	69836
amount calculated by multiplying such tax by the fraction	69837
described in division (J)(2) of this section.	69838

(4) In no event shall the reduction provided by division	69839
(J)(2) or (J)(3) of this section exceed the amount of the excise	69840
tax paid in accordance with section 5727.38 of the Revised Code,	69841
for the year upon which the taxable gross receipts are measured	69842
immediately preceding the tax year.	69843

Sec. 5733.0611.  (A) There is hereby allowed a nonrefundable	69844
credit against the tax imposed under section 5733.06 of the	69845
Revised Code. The credit shall be equal to the taxpayer's	69846
proportionate share of the lesser of either the tax due or the tax	69847
paid by any qualifying entity under section 5733.41 of the Revised	69848
Code for the qualifying taxable year of the qualifying entity that	69849
ends in the taxable year of the taxpayer. The taxpayer shall claim	69850
the credit for the taxpayer's taxable year in which ends the	69851
qualifying entity's qualifying taxable year.	69852

In claiming the credit and determining its proportionate	69853
share of the tax due and the tax paid by the qualifying entity,	69854
the person claiming the credit shall follow the concepts set forth	69855
in subchapter K of the Internal Revenue Code. Nothing in this	69856
division shall be construed to limit or disallow pass-through	69857
treatment of a pass-through entity's income, deductions, credits,	69858
or other amounts necessary to compute the tax imposed and the	69859
credits allowed under this chapter.	69860

The credit shall be claimed in the order required under	69861
section 5733.98 of the Revised Code. Any unused credit shall be	69862
allowed as a credit in the ensuing tax year. Any such amount	69863
allowed as a credit in an ensuing tax year shall be deducted from	69864
the balance carried forward to the next ensuing tax year.	69865

(B) Any person that is not a taxpayer solely by reason of	69866
division (A) or (C) of section 5733.09 of the Revised Code or a	69867
person described in section 501(c) of the Internal Revenue Code or	69868
division (F) of section 3334.01 of the Revised Code, but that	69869
would be entitled to claim the nonrefundable credit under this	69870
section if that person were a taxpayer, may file an application	69871
for refund pursuant to section 5733.12 of the Revised Code. Upon	69872
proper application for refund under that section, the tax	69873
commissioner shall issue a refund in the amount of the credit to	69874
which that person would have been entitled under division (A)(1)	69875
of this section if the person had been a taxpayer, and as if the	69876
credit were a refundable credit.	69877

(C) If an organization described in section 401(a) of the	69878
Internal Revenue Code or a trust or fund is entitled to a	69879
proportionate share of the lesser of either the tax due or the tax	69880
paid by any qualifying entity under section 5733.41 of the Revised	69881
Code, and if that proportionate share is then or could be	69882
allocable to an exempt person as defined in division (D) of this	69883
section, then the organization, trust, or fund may file an	69884
application for refund with respect to such allocable amounts	69885
pursuant to section 5733.12 of the Revised Code. Upon proper	69886
application for refund under that section, the tax commissioner	69887
shall issue a refund in the amount of the credit to which the	69888
organization, trust, or fund would have been entitled under	69889
division (A)(1) of this section had the organization, trust, or	69890
fund been a taxpayer, and as if the credit were a refundable	69891
credit. To the extent that such an organization, trust, or fund is	69892
permitted to apply for a refund under this division, or to the	69893
extent that such an organization, trust, or fund has applied for	69894
such a refund, exempt persons are not entitled to the credit	69895
authorized under this section or section 5747.059 of the Revised	69896
Code.	69897

(D)(1) For the purposes of division (C) of this section only,	69898
"exempt person" means any of the following:	69899

(a) A person that is or may be the beneficiary of a trust if	69900
the trust is subject to Subchapter D of Chapter 1 of Subtitle A of	69901
the Internal Revenue Code.	69902

(b) A person that is or may be the beneficiary of or the	69903
recipient of payments from a nuclear decommissioning reserve fund,	69904
a designated settlement fund, or any other trust or fund	69905
established to resolve and satisfy claims that may otherwise be	69906
asserted by the beneficiary or a member of the beneficiary's	69907
family. Sections 267(c)(4), 468A(e), and 468B(d)(2) of the	69908
Internal Revenue Code apply to the determination of whether such a	69909
person is an exempt person under division (D) of this section.	69910

(c) A person, other than a person that is treated as a C	69911
corporation for federal income tax purposes, who is or may be the	69912
beneficiary of a trust that, under its governing instrument, is	69913
not required to distribute all of its income currently. Division	69914
(D)(1)(c) of this section applies only if the trust irrevocably	69915
agrees that for the taxable year during or for which the trust	69916
distributes any of its income to any of the beneficiaries, the	69917
trust is a qualifying trust as defined in section 5733.40 of the	69918
Revised Code and will pay the estimated tax, and will withhold and	69919
pay the withheld tax as required under section 5733.41 and	69920
sections 5747.40 to 5747.453 of the Revised Code.	69921

(2) An exempt person does not include any person that would	69922
not qualify as an exempt person under the doctrines of "economic	69923
reality," "sham transaction," "step doctrine," or "substance over	69924
form." Notwithstanding sections 5733.111 and 5747.131section	69925
5703.56 of the Revised Code to the contrary, an organization,	69926
trust, or fund described in division (C) of this section bears the	69927
burden of establishing by a preponderance of the evidence that any	69928
transaction giving rise to a claim for a refundable credit under	69929
this section does not have as a principal purpose a claim for that	69930
credit. Nothing in this section shall be construed to limit solely	69931
to this section the application of the doctrines referred to in	69932
division (D)(2) of this section.	69933

(E) Nothing in this section shall be construed to allow a	69934
refund more than once with respect to the taxes imposed under	69935
section 5733.41 or 5747.41 of the Revised Code.	69936

Sec. 5733.09.  (A) An(1) Except as provided in divisions	69937
(A)(2) and (3) of this section, an incorporated company, whether	69938
foreign or domestic, owning and operating a public utility in this	69939
state, and required by law to file reports with the tax	69940
commissioner and to pay an excise tax upon its gross receipts, and	69941
insurance, fraternal, beneficial, bond investment, and other	69942
corporations required by law to file annual reports with the	69943
superintendent of insurance and dealers in intangibles, the shares	69944
of which are, or the capital or ownership in capital employed by	69945
such dealer is, subject to the taxes imposed by section 5707.03 of	69946
the Revised Code, shall not be subject to this chapter, except for	69947
sections 5733.031, 5733.042, 5733.05, 5733.052, 5733.053,	69948
5733.069, 5733.0611, 5733.40, 5733.41, and sections 5747.40 to	69949
5747.453 of the Revised Code. However, for reports required to be	69950
filed under section 5725.14 of the Revised Code in 2003 and	69951
thereafter, nothing in this section shall be construed to exempt	69952
the property of any dealer in intangibles under section 5725.13 of	69953
the Revised Code from the tax imposed under section 5707.03 of the	69954
Revised Code. An	69955

(2) An electric company subject to the filing requirements of	69956
section 5727.08 of the Revised Code or otherwise having nexus with	69957
or in this state under the Constitution of the United States, or	69958
any other corporation having any gross receipts directly	69959
attributable to providing public utility service as an electric	69960
company or having any property directly attributable to providing	69961
public utility service as an electric company, is subject to this	69962
chapter.	69963

(3) A telephone company that no longer pays an excise tax	69964
under section 5727.30 of the Revised Code on its gross receipts	69965
billed after June 30, 2004, is first subject to taxation under	69966
this chapter for tax year 2005. For that tax year, a telephone	69967
company with a taxable year ending in 2004 shall compute the tax	69968
imposed under this chapter, and shall compute the net operating	69969
loss carry forward for tax year 2005, by multiplying the tax owed	69970
under this chapter, net of all nonrefundable credits, or the loss	69971
for the taxable year, by fifty per cent.	69972

(B) A corporation that has made an election under subchapter	69973
S, chapter one, subtitle A, of the Internal Revenue Code for its	69974
taxable year under such code is exempt from the tax imposed by	69975
section 5733.06 of the Revised Code that is based on that taxable	69976
year.	69977

A corporation that makes such an election shall file a notice	69978
of such election with the tax commissioner between the first day	69979
of January and the thirty-first day of March of each tax year that	69980
the election is in effect.	69981

(C) An entity defined to be a "real estate investment trust"	69982
by section 856 of the Internal Revenue Code, a "regulated	69983
investment company" by section 851 of the Internal Revenue Code,	69984
or a "real estate mortgage investment conduit" by section 860D of	69985
the Internal Revenue Code, is exempt from taxation for a tax year	69986
as a corporation under this chapter and is exempt from taxation	69987
for a return year as a dealer in intangibles under Chapter 5725.	69988
of the Revised Code if it provides the report required by this	69989
division. By the last day of March of the tax or return year the	69990
entity shall submit to the tax commissioner the name of the entity	69991
with a list of the names, addresses, and social security or	69992
federal identification numbers of all investors, shareholders, and	69993
other similar investors who owned any interest or invested in the	69994
entity during the preceding calendar year. The commissioner may	69995
extend the date by which the report must be submitted for	69996
reasonable cause shown by the entity. The commissioner may	69997
prescribe the form of the report required for exemption under this	69998
division.	69999

(D)(1) As used in this division:

70000

(a) "Commercial printer" means a person primarily engaged in	70001
the business of commercial printing. However, "commercial printer"	70002
does not include a person primarily engaged in the business of	70003
providing duplicating services using photocopy machines or other	70004
xerographic processes.	70005

(b) "Commercial printing" means printing by one or more	70006
common processes such as letterpress, lithography, gravure,	70007
screen, or digital imaging, and includes related activities such	70008
as binding, platemaking, prepress operation, cartographic	70009
composition, and typesetting.	70010

(c) "Contract for printing" means an oral or written	70011
agreement for the purchase of printed materials produced by a	70012
commercial printer.	70013

(d) "Intangible property located at the premises of a	70014
commercial printer" means intangible property of any kind owned or	70015
licensed by a customer of the commercial printer and furnished to	70016
the commercial printer for use in commercial printing.	70017

(e) "Printed material" means any tangible personal property	70018
produced or processed by a commercial printer pursuant to a	70019
contract for printing.	70020

(f) "Related member" has the same meaning as in division	70021
(A)(6) of section 5733.042 of the Revised Code without regard to	70022
division (B) of that section.	70023

(2) Except as provided in divisions (D)(3) and (4) of this	70024
section, a corporation not otherwise subject to the tax imposed by	70025
section 5733.06 of the Revised Code for a tax year does not become	70026
subject to that tax for the tax year solely by reason of any one	70027
or more of the following occurring in this state during the	70028
taxable year that ends immediately prior to the tax year:	70029

(a) Ownership by the corporation or a related member of the	70030
corporation of tangible personal property or intangible property	70031
located during all or any portion of the taxable year or on the	70032
first day of the tax year at the premises of a commercial printer	70033
with which the corporation or the corporation's related member has	70034
a contract for printing with respect to such property or the	70035
premises of a commercial printer's related member with which the	70036
corporation or the corporation's related member has a contract for	70037
printing with respect to such property;	70038

(b) Sales by the corporation or a related member of the	70039
corporation of property produced at and shipped or distributed	70040
from the premises of a commercial printer with which the	70041
corporation or the corporation's related member has a contract for	70042
printing with respect to such property or the premises of a	70043
commercial printer's related member with which the corporation or	70044
the corporation's related member has a contract for printing with	70045
respect to such property;	70046

(c) Activities of employees, officers, agents, or contractors	70047
of the corporation or a related member of the corporation on the	70048
premises of a commercial printer with which the corporation or the	70049
corporation's related member has a contract for printing or the	70050
premises of a commercial printer's related member with which the	70051
corporation or the corporation's related member has a contract for	70052
printing, where the activities are directly and solely related to	70053
quality control, distribution, or printing services, or any	70054
combination thereof, performed by or at the direction of the	70055
commercial printer or the commercial printer's related member.	70056

(3) The exemption under this division does not apply for a	70057
taxable year to any corporation having on the first day of January	70058
of the tax year or at any time during the taxable year ending	70059
immediately preceding the first day of January of the tax year a	70060
related member which, on the first day of January of the tax year	70061
or during any portion of such taxable year of the corporation, has	70062
nexus in or with this state under the Constitution of the United	70063
States or holds a certificate of compliance with the laws of this	70064
state authorizing it to do business in this state.	70065

(4) With respect to allowing the exemption under this	70066
division, the tax commissioner shall be guided by the doctrines of	70067
"economic reality," "sham transaction," "step transaction," and	70068
"substance over form." A corporation shall bear the burden of	70069
establishing by a preponderance of the evidence that any	70070
transaction giving rise to an exemption claimed under this	70071
division did not have as a principal purpose the avoidance of any	70072
portion of the tax imposed by section 5733.06 of the Revised Code.	70073

Application of the doctrines listed in division (D)(4) of	70074
this section is not limited to this division.	70075

Sec. 5733.121.  If a corporation entitled to a refund under	70076
section 5733.11 or 5733.12 of the Revised Code is indebted to this	70077
state for any tax, workers' compensation premium due under section	70078
4123.35 of the Revised Code, unemployment compensation	70079
contribution due under section 4141.25 of the Revised Code, or	70080
unemployment compensation payment in lieu of contribution under	70081
section 4141.241 of the Revised Code or fee administered by the	70082
tax commissioner that is paid to the state or to the clerk of	70083
courts pursuant to section 4505.06 of the Revised Code, or any	70084
charge, penalty, or interest arising from such a tax, workers'	70085
compensation premium, unemployment compensation contribution, or	70086
unemployment compensation payment in lieu of contribution under	70087
section 4141.241 of the Revised Code or fee, the amount refundable	70088
may be applied in satisfaction of the debt. If the amount	70089
refundable is less than the amount of the debt, it may be applied	70090
in partial satisfaction of the debt. If the amount refundable is	70091
greater than the amount of the debt, the amount remaining after	70092
satisfaction of the debt shall be refunded. If the corporation has	70093
more than one such debt, any debt subject to section 5739.33 or	70094
division (G) of section 5747.07 of the Revised Code shall be	70095
satisfied first. This section applies only to debts that have	70096
become final.	70097

The tax commissioner may, with the consent of the taxpayer,	70098
provide for the crediting, against tax due for any tax year, of	70099
the amount of any refund due the taxpayer under this chapter for a	70100
preceding tax year.	70101

Sec. 5733.18.  Annually, on the day fixed for the payment of	70102
any excise or franchise tax required to be paid by law, such tax,	70103
together with any penalties subsequently accruing thereon, shall	70104
become a lien on all property in this state of a corporation,	70105
whether such property is employed by the corporation in the	70106
prosecution of its business or is in the hands of an assignee,	70107
trustee, or receiver for the benefit of the creditors and	70108
stockholders. Such lien shall continue until such taxes, together	70109
with any penalties subsequently accruing, are paid.	70110

Upon failure of such corporation to pay such tax on the day	70111
fixed for payment, the tax commissioner may file, for which filing	70112
no fee shall be charged, in the office of the county recorder in	70113
each county in this state in which such corporation owns or has a	70114
beneficial interest in real estate, notice of such lien containing	70115
a brief description of such real estate. Such lien shall not be	70116
valid as against any mortgagee, purchaser, or judgment creditor	70117
whose rights have attached prior to the time such notice is so	70118
filed in the county in which the real estate which is the subject	70119
of such mortgage, purchase, or judgment lien is located. Such	70120
notice shall be recorded in a book kept by the recorder, called	70121
the corporation franchise lien record, and indexed under the name	70122
of the corporation charged with such tax. When such tax, together	70123
with any penalties subsequently accruing thereon, has been paid,	70124
the tax commissioner shall furnish to the corporation an	70125
acknowledgment of such payment which the corporation may record	70126
with the recorder of each county in which notice of such lien has	70127
been filed, for which recording the recorder shall charge and	70128
receive a base fee of two dollars for services and a housing trust	70129
fund fee of two dollars pursuant to section 317.36 of the Revised	70130
Code.	70131

Sec. 5733.22.  (A)(1) Any corporation whose articles of	70132
incorporation or license certificate to do or transact business in	70133
this state has been canceled by the secretary of state pursuant to	70134
section 5733.20 of the Revised Code for failure to make any report	70135
or return or to pay any tax or fee, shall be reinstated and again	70136
entitled to exercise its rights, privileges, and franchises in	70137
this state, and the secretary of state shall cancel the entry of	70138
cancellation to exercise its rights, privileges, and franchises	70139
upon compliance with all of the following:	70140

(a) Payment to the secretary of state of any additional fees	70141
and penalties required to be paid to the secretary of state;	70142

(b) Filing with the secretary of state a certificate from the	70143
tax commissioner that it has complied with all the requirements of	70144
law as to franchise or excise tax reports and paid all franchise	70145
or excise taxes, fees, or penalties due thereon for every year of	70146
its delinquency;	70147

(c) Payment to the secretary of state of an additional fee of	70148
ten dollars.	70149

(2) The applicant for reinstatement shall be required by the	70150
secretary of state, as a condition prerequisite to such	70151
reinstatement, to amend its articles by changing its name if all	70152
of the following apply:	70153

(a) The reinstatement is not made within one year from the	70154
date of the cancellation of its articles of incorporation or date	70155
of the cancellation of its license to do business;	70156

(b) It appears that the applicant's articles of incorporation	70157
or license certificate has been issued to another entity and is	70158
not distinguishable upon the record from the name of the	70159
applicant;	70160

(c) It appears that the articles of organization of a limited	70161
liability company, registration of a foreign limited liability	70162
company, certificate of limited partnership, registration of a	70163
foreign limited partnership, registration of a domestic or foreign	70164
limited liability partnership, or registration of a trade name has	70165
been issued to another entity and is not distinguishable upon the	70166
record from the name of the applicant. A certificate of	70167
reinstatement may be filed in the recorder's office of any county	70168
in the state, for which the recorder shall charge and collect a	70169
base fee of three dollars for services and a housing trust fund	70170
fee of three dollars pursuant to section 317.36 of the Revised	70171
Code.	70172

Any officer, shareholder, creditor, or receiver of any such	70173
corporation may at any time take all steps required by this	70174
section to effect such reinstatement.	70175

(B) The rights, privileges, and franchises of a corporation	70176
whose articles of incorporation have been reinstated in accordance	70177
with this section, are subject to section 1701.922 of the Revised	70178
Code.	70179

(C) Notwithstanding a violation of section 5733.21 of the	70180
Revised Code, upon reinstatement of a corporation's articles of	70181
incorporation in accordance with this section, neither section	70182
5733.20 nor section 5733.21 of the Revised Code shall be applied	70183
to invalidate the exercise or attempt to exercise any right,	70184
privilege, or franchise on behalf of the corporation by an	70185
officer, agent, or employee of the corporation after cancellation	70186
and prior to the reinstatement of the articles, if the conditions	70187
set forth in divisions (B)(1)(a) and (b) of section 1701.922 of	70188
the Revised Code are met.	70189

Sec. 5733.45. (A) For purposes of this section, a "qualifying	70190
dealer in intangibles" is a dealer in intangibles that is a member	70191
of a qualifying controlled group of which a financial institution	70192
is also a member on the first day of the financial institution's	70193
tax year.	70194

(B) For tax years 2002 and thereafter, there is hereby	70195
allowed to each financial institution a nonrefundable credit	70196
against the tax imposed by section 5733.06 of the Revised Code.	70197
The amount of the credit shall be computed in accordance with	70198
division (C) of this section. The credit shall be claimed in the	70199
order prescribed by section 5733.98 of the Revised Code. The	70200
credit shall not exceed the amount of tax otherwise due under	70201
section 5733.06 of the Revised Code after deducting any other	70202
credits that precede the credit claimed under this section in that	70203
order.	70204

(C) Subject to division (D) of this section, the amount of	70205
the nonrefundable credit is the lesser of the amount described in	70206
division (C)(1) of this section or the amount described in	70207
division (C)(2) of this section.	70208

(1) The amount of tax that a qualifying dealer in intangibles	70209
paid under Chapter 5707. of the Revised Code during the calendar	70210
year immediately preceding the financial institution's tax year.	70211
Such amount shall be reduced, but not below zero, by any refunds	70212
of such tax received by the qualifying dealer in intangibles under	70213
Chapter 5703. of the Revised Code during that calendar year.	70214

(2) The product of the amounts described in division	70215
(C)(2)(a) to (C)(2)(c) of this section. The amount described in	70216
division (C)(2)(a) of this section shall be ascertained on the	70217
last day of the financial institution's taxable year immediately	70218
preceding the tax year.	70219

(a) The cost of the financial institution's direct investment	70220
in the capital stock of the qualifying dealer in intangibles. The	70221
cost does not include any appreciation or goodwill to the extent	70222
those amounts are allowed as an exempted asset on the financial	70223
institution's annual report.	70224

(b) The ratio described in section 5725.15 of the Revised	70225
Code for the calendar year immediately preceding the financial	70226
institution's tax year;	70227

(c) The tax rate imposed under division (D) of section	70228
5707.03 of the Revised Code for the calendar year immediately	70229
preceding the financial institution's tax year.	70230

(D)(1) The principles and concepts set forth in section	70231
5733.057 of the Revised Code shall apply to ascertain if a dealer	70232
in intangibles is a member of a qualifying controlled group of	70233
which the financial institution also is a member and to ascertain	70234
the cost of the financial institution's direct investment in the	70235
capital stock of the qualifying dealer in intangibles.	70236

(2) Notwithstanding section 5733.1115703.56 of the Revised	70237
Code to the contrary, a financial institution claiming the credit	70238
provided by this section has the burden to establish by a	70239
preponderance of the evidence that none of the doctrines	70240
enumerated in that section would apply to deny to the financial	70241
institution all or a part of the credit otherwise provided by this	70242
section.	70243

(E) For tax years 2002 and 2003, the credit allowed by this	70244
section applies only if the qualifying dealer in intangibles on	70245
account of which the financial institution is claiming the credit	70246
submits to the Tax Commissionertax commissioner, not later than	70247
January 15, 2002, a written statement that the qualifying dealer	70248
in intangibles irrevocably agrees that it will not seek a refund	70249
of the tax paid by the dealer under section 5707.03 of the Revised	70250
Code in 2000 and 2001, and irrevocably agrees to continue paying	70251
that tax in 2002, regardless of the amendment of section 5725.26	70252
of the Revised Code by Am. Sub. H.B. 405 of the 124th general	70253
assembly.	70254

Sec. 5733.55.  (A) As used in this section:

70255

(1) "9-1-1 system" has the same meaning as in section 4931.40	70256
of the Revised Code.	70257

(2) "Nonrecurring 9-1-1 charges" means nonrecurring charges	70258
approved by the public utilities commission for the telephone	70259
network portion of a 9-1-1 system pursuant to section 4931.47 of	70260
the Revised Code.	70261

(3) "Eligible nonrecurring 9-1-1 charges" means all	70262
nonrecurring 9-1-1 charges for a 9-1-1 system, except:	70263

(a) Charges for a system that was not established pursuant to	70264
a plan adopted under section 4931.44 of the Revised Code or an	70265
agreement under section 4931.48 of the Revised Code;	70266

(b) Charges for that part of a system established pursuant to	70267
such a plan or agreement that are excluded from the credit by	70268
division (C)(2) of section 4931.47 of the Revised Code.	70269

(4) "Telephone company" has the same meaning as in section	70270
5727.01 of the Revised Code.	70271

(B) Beginning in tax year 2005, a telephone company shall be	70272
allowed a nonrefundable credit against the tax imposed by section	70273
5733.06 of the Revised Code equal to the amount of its eligible	70274
nonrecurring 9-1-1 charges. The credit shall be claimed for the	70275
company's taxable year that covers the period in which the 9-1-1	70276
service for which the credit is claimed becomes available for use.	70277
The credit shall be claimed in the order required by section	70278
5733.98 of the Revised Code. If the credit exceeds the total taxes	70279
due under section 5733.06 of the Revised Code for the tax year,	70280
the commissioner shall credit the excess against taxes due under	70281
that section for succeeding tax years until the full amount of the	70282
credit is granted.	70283

(C) After the last day a return, with any extensions, may be	70284
filed by any telephone company that is eligible to claim a credit	70285
under this section, the commissioner shall determine whether the	70286
sum of the credits allowed for prior tax years commencing with tax	70287
year 2005 plus the sum of the credits claimed for the current tax	70288
year exceeds fifteen million dollars. If it does, the credits	70289
allowed under this section for the current tax year shall be	70290
reduced by a uniform percentage such that the sum of the credits	70291
allowed for the current tax year do not exceed fifteen million	70292
dollars claimed by all telephone companies for all tax years.	70293
Thereafter, no credit shall be granted under this section, except	70294
for the remaining portions of any credits allowed under division	70295
(B) of this section.	70296

(D) A telephone company that is entitled to carry forward a	70297
credit against its public utility excise tax liability under	70298
section 5727.39 of the Revised Code is entitled to carry forward	70299
any amount of that credit remaining after its last public utility	70300
excise tax payment for the period of July 1, 2003, through June	70301
30, 2004, and claim that amount as a credit against its	70302
corporation franchise tax liability under this section. Nothing in	70303
this section authorizes a telephone company to claim a credit	70304
under this section for any eligible nonrecurring 9-1-1 charges for	70305
which it has already claimed a credit under section 5727.39 of the	70306
Revised Code.	70307

Sec. 5733.56.  Beginning in tax year 2005, a telephone	70308
company that provides any telephone service program to aid the	70309
communicatively impaired in accessing the telephone network under	70310
section 4905.79 of the Revised Code is allowed a nonrefundable	70311
credit against the tax imposed by section 5733.06 of the Revised	70312
Code. The amount of the credit is the cost incurred by the company	70313
for providing the telephone service program during its taxable	70314
year, excluding any costs incurred prior to July 1, 2004. If the	70315
tax commissioner determines that the credit claimed under this	70316
section by a telephone company was not correct, the commissioner	70317
shall determine the proper credit.	70318

A telephone company shall claim the credit in the order	70319
required by section 5733.98 of the Revised Code. If the credit	70320
exceeds the total taxes due under section 5733.06 of the Revised	70321
Code for the tax year, the commissioner shall credit the excess	70322
against taxes due under that section for succeeding tax years	70323
until the full amount of the credit is granted. Nothing in this	70324
section authorizes a telephone company to claim a credit under	70325
this section for any costs incurred for providing a telephone	70326
service program for which it is claiming a credit under section	70327
5727.44 of the Revised Code.	70328

Sec. 5733.57.  (A) As used in this section:

70329

(1) "Small telephone company" means a telephone company,	70330
existing as such as of January 1, 2003, with twenty-five thousand	70331
or fewer access lines as shown on the company's annual report	70332
filed under section 4905.14 of the Revised Code for the calendar	70333
year immediately preceding the tax year, and is an "incumbent	70334
local exchange carrier" under 47 U.S.C. 251(h).	70335

(2) "Gross receipts tax amount" means the product obtained by	70336
multiplying four and three-fourths per cent by the amount of a	70337
small telephone company's taxable gross receipts, excluding the	70338
deduction of twenty-five thousand dollars, that the tax	70339
commissioner would have determined under section 5727.33 of the	70340
Revised Code for that small telephone company for the annual	70341
period ending on the thirtieth day of June of the calendar year	70342
immediately preceding the tax year, as that section applied in the	70343
measurement period from July 1, 2002, to June 30, 2003.	70344

(3) "Applicable percentage" means one hundred per cent for	70345
tax year 2005; eighty per cent for tax year 2006; sixty per cent	70346
for tax year 2007; forty per cent for tax year 2008; twenty per	70347
cent for tax year 2009; and zero per cent for each subsequent tax	70348
year thereafter.	70349

(4) "Applicable amount" means the amount resulting from	70350
subtracting the gross receipts tax amount from the tax imposed by	70351
sections 5733.06, 5733.065, and 5733.066 of the Revised Code for	70352
the tax year, without regard to any credits available to the small	70353
telephone company.	70354

(B)(1) Except as provided in division (B)(2) of this section,	70355
beginning in tax year 2005, a small telephone company is hereby	70356
allowed a nonrefundable credit against the tax imposed by sections	70357
5733.06, 5733.065, and 5733.066 of the Revised Code, equal to the	70358
product obtained by multiplying the applicable percentage by the	70359
applicable amount. The credit shall be claimed in the order	70360
required by section 5733.98 of the Revised Code.	70361

(2) If the applicable amount for a tax year is less than	70362
zero, a small telephone company shall not be allowed for that tax	70363
year the credit provided under this section.	70364

Sec. 5733.98.  (A) To provide a uniform procedure for	70365
calculating the amount of tax imposed by section 5733.06 of the	70366
Revised Code that is due under this chapter, a taxpayer shall	70367
claim any credits to which it is entitled in the following order,	70368
except as otherwise provided in section 5733.058 of the Revised	70369
Code:	70370

(1) The credit for taxes paid by a qualifying pass-through	70371
entity allowed under section 5733.0611 of the Revised Code;	70372

(2) The credit allowed for financial institutions under	70373
section 5733.45 of the Revised Code;	70374

(3) The credit for qualifying affiliated groups under section	70375
5733.068 of the Revised Code;	70376

(4) The subsidiary corporation credit under section 5733.067	70377
of the Revised Code;	70378

(5) The savings and loan assessment credit under section	70379
5733.063 of the Revised Code;	70380

(6) The credit for recycling and litter prevention donations	70381
under section 5733.064 of the Revised Code;	70382

(7) The credit for employers that enter into agreements with	70383
child day-care centers under section 5733.36 of the Revised Code;	70384

(8) The credit for employers that reimburse employee child	70385
day-care expenses under section 5733.38 of the Revised Code;	70386

(9) The credit for maintaining railroad active grade crossing	70387
warning devices under section 5733.43 of the Revised Code;	70388

(10) The credit for purchases of lights and reflectors under	70389
section 5733.44 of the Revised Code;	70390

(11) The job retention credit under division (B) of section	70391
5733.0610 of the Revised Code;	70392

(12) The credit for losses on loans made under the Ohio	70393
venture capital program under sections 150.01 to 150.10 of ththe	70394
Revised Code if the taxpayer elected a nonrefundable credit under	70395
section 150.07 of the Revised Code;	70396

(13) The credit for purchases of new manufacturing machinery	70397
and equipment under section 5733.31 or section 5733.311 of the	70398
Revised Code;	70399

(14) The second credit for purchases of new manufacturing	70400
machinery and equipment under section 5733.33 of the Revised Code;	70401

(15) The job training credit under section 5733.42 of the	70402
Revised Code;	70403

(16) The credit for qualified research expenses under section	70404
5733.351 of the Revised Code;	70405

(17) The enterprise zone credit under section 5709.66 of the	70406
Revised Code;	70407

(18) The credit for the eligible costs associated with a	70408
voluntary action under section 5733.34 of the Revised Code;	70409

(19) The credit for employers that establish on-site child	70410
day-care under section 5733.37 of the Revised Code;	70411

(20) The ethanol plant investment credit under section	70412
5733.46 of the Revised Code;	70413

(21) The credit for purchases of qualifying grape production	70414
property under section 5733.32 of the Revised Code;	70415

(22) The export sales credit under section 5733.069 of the	70416
Revised Code;	70417

(23) The credit for research and development and technology	70418
transfer investors under section 5733.35 of the Revised Code;	70419

(24) The enterprise zone credits under section 5709.65 of the	70420
Revised Code;	70421

(25) The credit for using Ohio coal under section 5733.39 of	70422
the Revised Code;	70423

(26) The credit for small telephone companies under section	70424
5733.57 of the Revised Code;	70425

(27) The credit for eligible nonrecurring 9-1-1 charges under	70426
section 5733.55 of the Revised Code;	70427

(28) The credit for providing programs to aid the	70428
communicatively impaired under section 5733.56 of the Revised	70429
Code;	70430

(29) The refundable jobs creation credit under division (A)	70431
of section 5733.0610 of the Revised Code;	70432

(27)(30) The refundable credit for tax withheld under	70433
division (B)(2) of section 5747.062 of the Revised Code;	70434

(28)(31) The credit for losses on loans made to the Ohio	70435
venture capital program under sections 150.01 to 150.10 of the	70436
Revised Code if the taxpayer elected a refundable credit under	70437
section 150.07 of the Revised Code.	70438

(B) For any credit except the credits enumerated in divisions	70439
(A)(26), (27),(29), (30), and (28)(31) of this section, the amount	70440
of the credit for a tax year shall not exceed the tax due after	70441
allowing for any other credit that precedes it in the order	70442
required under this section. Any excess amount of a particular	70443
credit may be carried forward if authorized under the section	70444
creating that credit.	70445

Sec. 5735.05.  (A) To provide revenue for maintaining the	70446
state highway system; to widen existing surfaces on such highways;	70447
to resurface such highways; to pay that portion of the	70448
construction cost of a highway project which a county, township,	70449
or municipal corporation normally would be required to pay, but	70450
which the director of transportation, pursuant to division (B) of	70451
section 5531.08 of the Revised Code, determines instead will be	70452
paid from moneys in the highway operating fund; to enable the	70453
counties of the state properly to plan, maintain, and repair their	70454
roads and to pay principal, interest, and charges on bonds and	70455
other obligations issued pursuant to Chapter 133. of the Revised	70456
Code for highway improvements; to enable the municipal	70457
corporations to plan, construct, reconstruct, repave, widen,	70458
maintain, repair, clear, and clean public highways, roads, and	70459
streets, and to pay the principal, interest, and charges on bonds	70460
and other obligations issued pursuant to Chapter 133. of the	70461
Revised Code for highway improvements; to enable the Ohio turnpike	70462
commission to construct, reconstruct, maintain, and repair	70463
turnpike projects; to maintain and repair bridges and viaducts; to	70464
purchase, erect, and maintain street and traffic signs and	70465
markers; to purchase, erect, and maintain traffic lights and	70466
signals; to pay the costs apportioned to the public under sections	70467
4907.47 and 4907.471 of the Revised Code and to supplement revenue	70468
already available for such purposes; to pay the costs incurred by	70469
the public utilities commission in administering sections 4907.47	70470
to 4907.476 of the Revised Code; to distribute equitably among	70471
those persons using the privilege of driving motor vehicles upon	70472
such highways and streets the cost of maintaining and repairing	70473
them; to pay the interest, principal, and charges on highway	70474
capital improvements bonds and other obligations issued pursuant	70475
to Section 2m of Article VIII, Ohio Constitution, and section	70476
151.06 of the Revised Code; to pay the interest, principal, and	70477
charges on highway obligations issued pursuant to Section 2i of	70478
Article VIII, Ohio Constitution, and sections 5528.30 and 5528.31	70479
of the Revised Code; and to provide revenue for the purposes of	70480
sections 1547.71 to 1547.78 of the Revised Code; and to pay the	70481
expenses of the department of taxation incident to the	70482
administration of the motor fuel laws, a motor fuel excise tax is	70483
hereby imposed on all motor fuel dealers upon receipt of motor	70484
fuel within this state at the rate of two cents plus the cents per	70485
gallon rate on each gallon so received, to be computed in the	70486
manner set forth in section 5735.06 of the Revised Code; provided	70487
that no tax is hereby imposed upon the following transactions:	70488

(1) The sale of dyed diesel fuel by a licensed motor fuel	70489
dealer from a location other than a retail service station	70490
provided the licensed motor fuel dealer places on the face of the	70491
delivery document or invoice, or both if both are used, a	70492
conspicuous notice stating that the fuel is dyed and is not for	70493
taxable use, and that taxable use of that fuel is subject to a	70494
penalty. The tax commissioner, by rule, may provide that any	70495
notice conforming to rules or regulations issued by the United	70496
States department of the treasury or the Internal Revenue Service	70497
is sufficient notice for the purposes of division (A)(1) of this	70498
section.	70499

(2) The sale of K-1 kerosene to a retail service station,	70500
except when placed directly in the fuel supply tank of a motor	70501
vehicle. Such sale shall be rebuttably presumed to not be	70502
distributed or sold for use or used to generate power for the	70503
operation of motor vehicles upon the public highways or upon the	70504
waters within the boundaries of this state.	70505

(3) The sale of motor fuel by a licensed motor fuel dealer to	70506
another licensed motor fuel dealer;	70507

(4) The exportation of motor fuel by a licensed motor fuel	70508
dealer from this state to any other state or foreign country;	70509

(5) The sale of motor fuel to the United States government or	70510
any of its agencies, except such tax as is permitted by it, where	70511
such sale is evidenced by an exemption certificate, in a form	70512
approved by the tax commissioner, executed by the United States	70513
government or an agency thereof certifying that the motor fuel	70514
therein identified has been purchased for the exclusive use of the	70515
United States government or its agency;	70516

(6) The sale of motor fuel whichthat is in the process of	70517
transportation in foreign or interstate commerce, except in so far	70518
insofar as it may be taxable under the Constitution and statutes	70519
of the United States, and except as may be agreed upon in writing	70520
by the dealer and the commissioner;	70521

(7) The sale of motor fuel when sold exclusively for use in	70522
the operation of aircraft, where such sale is evidenced by an	70523
exemption certificate prescribed by the commissioner and executed	70524
by the purchaser certifying that the motor fuel purchased has been	70525
purchased for exclusive use in the operation of aircraft;	70526

(8) The sale for exportation of motor fuel by a licensed	70527
motor fuel dealer to a licensed exporter type A;	70528

(9) The sale for exportation of motor fuel by a licensed	70529
motor fuel dealer to a licensed exporter type B, provided that the	70530
destination state motor fuel tax has been paid or will be accrued	70531
and paid by the licensed motor fuel dealer.	70532

(10) The sale to a consumer of diesel fuel, by a motor fuel	70533
dealer for delivery from a bulk lot vehicle, for consumption in	70534
operating a vessel when the use of such fuel in a vessel would	70535
otherwise qualify for a refund under section 5735.14 of the	70536
Revised Code.	70537

Division (A)(1) of this section does not apply to the sale or	70538
distribution of dyed diesel fuel used to operate a motor vehicle	70539
on the public highways or upon water within the boundaries of this	70540
state by persons permitted under regulations of the United States	70541
department of the treasury or of the Internal Revenue Service to	70542
so use dyed diesel fuel.	70543

(B) The two cent motor fuel tax levied by this section is	70544
also for the purpose of paying the expenses of administering and	70545
enforcing the state law relating to the registration and operation	70546
of motor vehicles.	70547

(C) After the tax provided for by this section on the receipt	70548
of any motor fuel has been paid by the motor fuel dealer, the	70549
motor fuel may thereafter be used, sold, or resold by any person	70550
having lawful title to it, without incurring liability for such	70551
tax.	70552

If a licensed motor fuel dealer sells motor fuel received by	70553
the licensed motor fuel dealer to another licensed motor fuel	70554
dealer, the seller may deduct on the report required by section	70555
5735.06 of the Revised Code the number of gallons so sold for the	70556
month within which the motor fuel was sold or delivered. In this	70557
event the number of gallons is deemed to have been received by the	70558
purchaser, who shall report and pay the tax imposed thereon.	70559

Sec. 5735.053. There is hereby created in the state treasury	70560
the motor fuel tax administration fund for the purpose of paying	70561
the expenses of the department of taxation incident to the	70562
administration of the motor fuel laws. After the treasurer of	70563
state credits the tax refund fund out of tax receipts as required	70564
by sections 5735.23, 5735.26, 5735.291, and 5735.30 of the Revised	70565
Code, the treasurer of state shall transfer to the motor fuel tax	70566
administration fund two hundred seventy-five one-thousandths per	70567
cent of the receipts from the taxes levied by sections 5735.05,	70568
5735.25, 5735.29, and 5735.30 of the Revised Code.	70569

Sec. 5735.14. (A) Any person who uses any motor fuel, on	70570
which the tax imposed by this chapter has been paid, for the	70571
purpose of operating stationary gas engines, tractors not used on	70572
public highways, unlicensed motor vehicles used exclusively in	70573
intraplant operations, vessels when used in trade, including	70574
vessels when used in connection with an activity that constitutes	70575
a person's chief business or means of livelihood or any other	70576
vessel used entirely for commercial purposes, vessels used for	70577
commercial fishing, vessels used by the sea scout department of	70578
the boy scouts of America chiefly for training scouts in	70579
seamanship, vessels used or owned by any railroad company,	70580
railroad car ferry company, the United States, this state, or any	70581
political subdivision of this state, or aircraft, or who uses any	70582
such fuel upon which such tax has been paid, for cleaning or for	70583
dyeing, or any purpose other than the operation of motor vehicles	70584
upon highways or upon waters within the boundaries of this state,	70585
shall be reimbursed in the amount of the tax so paid on such motor	70586
fuel as provided in this section; provided, that any person	70587
purchasing motor fuel in this state on which taxes levied under	70588
Title LVII of the Revised Code have been paid shall be reimbursed	70589
for such taxes paid in this state on such fuel used by that person	70590
in another state on which a tax is paid for such usage, except	70591
such tax used as a credit against the tax levied by section	70592
5728.06 of the Revised Code. A person shall not be reimbursed for	70593
taxes paid on fuel that is used while a motor vehicle is idling or	70594
used to provide comfort or safety in the operation of a motor	70595
vehicle. Sales of motor fuel, on which the tax imposed by this	70596
chapter has been paid, from one person to another do not	70597
constitute use of the fuel and are not subject to a refund under	70598
this section.	70599

Such(B) Any person who uses in this state any motor fuel	70600
with water intentionally added to the fuel, on which the taxes	70601
imposed by this chapter or Chapter 5728. of the Revised Code have	70602
been paid, shall be reimbursed in the amount of the taxes so paid	70603
on ninety-five per cent of the water. This division applies only	70604
to motor fuel that contains at least nine per cent water, by	70605
volume.	70606

(C) A person claiming reimbursement under this section shall	70607
file with the tax commissioner an application for refund within	70608
one year from the date of purchase, stating the quantity of fuel	70609
used for the refundable purposes other than the operation of motor	70610
vehiclesin division (A) or (B) of this section, except that no	70611
person shall file a claim for the tax on fewer than one hundred	70612
gallons of motor fuel. An application for refund filed for the	70613
purpose of division (B) of this section also shall state the	70614
quantity of water intentionally added to the motor fuel. No person	70615
shall claim reimbursement under that division on fewer than one	70616
hundred gallons of water. The application shall be accompanied by	70617
the statement described in section 5735.15 of the Revised Code	70618
showing such purchase, together with evidence of payment thereof.	70619

(D) After consideration of the application and statement, the	70620
commissioner shall determine the amount of refund to which the	70621
applicant is entitled. If the amount is not less than that	70622
claimed, the commissioner shall certify the amount to the director	70623
of budget and management and treasurer of state for payment from	70624
the tax refund fund created by section 5703.052 of the Revised	70625
Code. If the amount is less than that claimed, the commissioner	70626
shall proceed in accordance with section 5703.70 of the Revised	70627
Code.	70628

No refund shall be authorized or paid under this section on a	70629
single claim for tax on fewer than one hundred gallons of motor	70630
fuel. And, when water has been intentionally added to fuel, no	70631
refund shall be authorized or paid under this section on a single	70632
claim for tax on fewer than one hundred gallons of water. The	70633
commissioner may require that the application be supported by the	70634
affidavit of the claimant.	70635

The refund authorized by this section or section 5703.70 of	70636
the Revised Code shall be reduced by the cents per gallon amount	70637
of any qualified fuel credit received under section 5735.145 of	70638
the Revised Code, as determined by the commissioner, for each	70639
gallon of qualified fuel included in the total gallonage of motor	70640
fuel upon which the refund is computed.	70641

(E) The right to receive any refund under this section or	70642
section 5703.70 of the Revised Code is not assignable. The payment	70643
of this refund shall not be made to any person other than the	70644
person originally entitled thereto who used the motor fuel upon	70645
which the claim for refund is based, except that such refunds,	70646
when allowed and certified as provided in this section, may be	70647
paid to the executor, the administrator, the receiver, the trustee	70648
in bankruptcy, or the assignee in insolvency proceedings of such	70649
person.	70650

Sec. 5735.142. (A)(1) Any person who uses any motor fuel, on	70651
which the tax imposed by sections 5735.05, 5735.25, and 5735.29 of	70652
the Revised Code has been paid, for the purpose of operating a	70653
transit bus shall be reimbursed in the amount of the tax paid on	70654
motor fuel used by public transportation systems providing transit	70655
or paratransit service on a regular and continuing basis within	70656
the state;	70657

(2) A city, exempted village, joint vocational, or local	70658
school district or educational service center that usespurchases	70659
any motor fuel for school district or service center operations,	70660
on which any tax imposed by section 5735.29 of the Revised Code	70661
that became effective on or after July 1, 2003, has been paid,	70662
may, if an application is filed under this section, be reimbursed	70663
in the amount of all but two cents per gallon of thatthe total	70664
tax imposed by such section and paid on motor fuel, used for	70665
providing transportation for pupils in a vehicle the district owns	70666
or leases.	70667

(B) Such person, school district, or educational service	70668
center shall file with the tax commissioner an application for	70669
refund within one year from the date of purchase, stating the	70670
quantity of fuel used for operating transit buses used by local	70671
transit systems in furnishing scheduled common carrier, public	70672
passenger land transportation service along regular routes	70673
primarily in one or more municipal corporations or for operating	70674
vehicles used byfor school districts to transport pupilsdistrict	70675
or service center operations. However, no person shall file a	70676
claim shall be made for the tax on fewer than one hundred gallons	70677
of motor fuel. A school district or educational service center	70678
shall not apply for a refund for any tax paid on motor fuel that	70679
is sold by the district or educational service center. The	70680
application shall be accompanied by the statement described in	70681
section 5735.15 of the Revised Code showing the purchase, together	70682
with evidence of payment thereof.	70683

(C) After consideration of the application and statement, the	70684
commissioner shall determine the amount of refund to which the	70685
applicant is entitled. If the amount is not less than that	70686
claimed, the commissioner shall certify the amount to the director	70687
of budget and management and treasurer of state for payment from	70688
the tax refund fund created by section 5703.052 of the Revised	70689
Code. If the amount is less than that claimed, the commissioner	70690
shall proceed in accordance with section 5703.70 of the Revised	70691
Code.	70692

The commissioner may require that the application be	70693
supported by the affidavit of the claimant. No refund shall be	70694
authorized or ordered for any single claim for the tax on fewer	70695
than one hundred gallons of motor fuel. No refund shall be	70696
authorized or ordered on motor fuel that is sold by a school	70697
district or educational service center.	70698

(D) The refund authorized by this section or section 5703.70	70699
of the Revised Code shall be reduced by the cents per gallon	70700
amount of any qualified fuel credit received under section	70701
5735.145 of the Revised Code, as determined by the commissioner,	70702
for each gallon of qualified fuel included in the total gallonage	70703
of motor fuel upon which the refund is computed.	70704

(E) The right to receive any refund under this section or	70705
section 5703.70 of the Revised Code is not assignable. The payment	70706
of this refund shall not be made to any person or entity other	70707
than the person or entity originally entitled thereto who used the	70708
motor fuel upon which the claim for refund is based, except that	70709
the refund when allowed and certified, as provided in this	70710
section, may be paid to the executor, the administrator, the	70711
receiver, the trustee in bankruptcy, or the assignee in insolvency	70712
proceedings of the person.	70713

Sec. 5735.15.  When motor fuel is sold to a person who claims	70714
to be entitled to a refund under section 5735.14 or 5735.142 of	70715
the Revised Code, the seller of such motor fuel shall make out in	70716
duplicate on forms prescribed and supplied by the tax	70717
commissioner, which forms shall have printed thereonprovide to	70718
the person documentation that indicates that the liability to the	70719
state for the excise tax imposed under the motor fuel laws of this	70720
state on such motor fuel has been assumed by the seller, and that	70721
said excise tax has already been paid or will be paid by the	70722
seller when the same becomes payable, a statement setting. The	70723
documentation also shall set forth the name and address of the	70724
purchaser, the number of gallons of motor fuel sold, the price	70725
paid for or the price per gallon of the motor fuel sold, the	70726
proposed use for which such motor fuel is purchased, and such	70727
other information as the commissioner requires. When motor fuel is	70728
sold to a person who claims to be entitled to reimbursement under	70729
division (B) of section 5735.14 of the Revised Code, the	70730
documentation also shall state the number of gallons of water	70731
intentionally added to the motor fuel. The original of such	70732
statementdocumentation shall be given to the purchaser, and the	70733
duplicatea copy shall be retained by the seller.	70734

Sec. 5735.19. (A) The tax commissioner may examine, during	70735
the usual business hours of the day, the records, books, and	70736
papersinvoices, storage tanks, and any other equipment of any	70737
motor fuel dealer, retail dealer, exporter, terminal operator,	70738
purchaser, or common carrier pertaining to motor fuel received,	70739
sold, shipped, or delivered, to determine whether the taxes	70740
imposed by this chapter have been paid and to verify the truth and	70741
accuracy of any statement, report, or return. The	70742

(B) The tax commissioner may, in the enforcement of the motor	70743
fuel laws of this state, hold hearings, take the testimony of any	70744
person, issue subpoenas and compel the attendance of witnesses,	70745
and conduct such investigations as the commissioner deems	70746
necessary, but no person shall disclose the information acquired	70747
by the commissioner under this section, except when required to do	70748
so in court. Such information or evidence is not privileged when	70749
used by the state or any officer thereof in any proceeding for the	70750
collection of the tax, or any prosecution for violation of the	70751
motor fuel laws.	70752

(C) The commissioner may prescribe all forms upon which	70753
reports shall be made to the commissioner, forms for claims for	70754
refund presented to the commissioner, or forms of records to be	70755
used by motor fuel dealers.	70756

(D)(1) As used in this division, "designated inspection site"	70757
means any state highway inspection station, weigh station, mobile	70758
station, or other similar location designated by the tax	70759
commissioner to be used as a fuel inspection site.	70760

(2) An employee of the department of taxation that is so	70761
authorized by the tax commissioner may physically inspect,	70762
examine, or otherwise search any tank, reservoir, or other	70763
container that can or may be used for the production, storage, or	70764
transportation of fuel, fuel dyes, or fuel markers, and books and	70765
records, if any, that are maintained at the place of inspection	70766
and are kept to determine tax liability under this chapter.	70767
Inspections may be performed at any place at which motor fuel is	70768
or may be produced or stored, or at any designated inspection	70769
site.	70770

(3) An employee of the department of taxation who is a duly	70771
authorized enforcement agent may detain any motor vehicle, train,	70772
barge, ship, or vessel for the purpose of inspecting its fuel	70773
tanks and storage tanks. Detainment shall be on the premises under	70774
inspection or at a designated inspection site. Detainment may	70775
continue for a reasonable period of time as is necessary to	70776
determine the amount and composition of the fuel.	70777

(4) Any employee described in division (D)(2) or (3) of this	70778
section who has been properly trained may take and remove samples	70779
of fuel in quantities as are reasonably necessary to determine the	70780
composition of the fuel.	70781

(5) No person shall refuse to allow an inspection under	70782
division (D) of this section. Any person who refuses to allow an	70783
inspection shall be subject to revocation or cancellation of any	70784
license or permit issued under Chapter 5728. or 5735. of the	70785
Revised Code.	70786

Sec. 5735.23.  (A) Out of receipts from the tax levied by	70787
section 5735.05 of the Revised Code, the treasurer of state shall	70788
place to the credit of the tax refund fund established by section	70789
5703.052 of the Revised Code amounts equal to the refunds	70790
certified by the tax commissioner pursuant to sections 5735.13,	70791
5735.14, 5735.141, 5735.142, and 5735.16 of the Revised Code. The	70792
treasurer of state shall then transfer the amount required by	70793
section 5735.051 of the Revised Code to the waterways safety fund	70794
and, the amount required by section 4907.472 of the Revised Code	70795
to the grade crossing protection fund, and the amount required by	70796
section 5735.053 of the Revised Code to the motor fuel tax	70797
administration fund.	70798

(B) Except as provided in division (D) of this section, each	70799
month the balance of the receipts from the tax levied by section	70800
5735.05 of the Revised Code shall be credited, after receipt by	70801
the treasurer of state of certification from the commissioners of	70802
the sinking fund, as required by section 5528.35 of the Revised	70803
Code, that there are sufficient moneys to the credit of the	70804
highway obligations bond retirement fund to meet in full all	70805
payments of interest, principal, and charges for the retirement of	70806
highway obligations issued pursuant to Section 2i of Article VIII,	70807
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised	70808
Code due and payable during the current calendar year, as follows:	70809

(1) To the state and local government highway distribution	70810
fund, which is hereby created in the state treasury, an amount	70811
that is the same percentage of the balance to be credited as that	70812
portion of the tax per gallon determined under division (B)(2)(a)	70813
of section 5735.06 of the Revised Code is of the total tax per	70814
gallon determined under divisions (B)(2)(a) and (b) of that	70815
section.	70816

(2) After making the distribution to the state and local	70817
government highway distribution fund, the remainder shall be	70818
credited as follows:	70819

(a) Thirty per cent to the gasoline excise tax fund for	70820
distribution pursuant to division (A)(1) of section 5735.27 of the	70821
Revised Code;	70822

(b) Twenty-five per cent to the gasoline excise tax fund for	70823
distribution pursuant to division (A)(3) of section 5735.27 of the	70824
Revised Code;	70825

(c) Except as provided in division (D) of this section,	70826
forty-five per cent to the highway operating fund for distribution	70827
pursuant to division (B)(1) of section 5735.27 of the Revised	70828
Code.	70829

(C) From the balance in the state and local government	70830
highway distribution fund on the last day of each month there	70831
shall be paid the following amounts:	70832

(1) To the local transportation improvement program fund	70833
created by section 164.14 of the Revised Code, an amount equal to	70834
a fraction of the balance in the state and local government	70835
highway distribution fund, the numerator of which fraction is one	70836
and the denominator of which fraction is that portion of the tax	70837
per gallon determined under division (B)(2)(a) of section 5735.06	70838
of the Revised Code;	70839

(2) An amount equal to five cents multiplied by the number of	70840
gallons of motor fuel sold at stations operated by the Ohio	70841
turnpike commission, such gallonage to be certified by the	70842
commission to the treasurer of state not later than the last day	70843
of the month following. The funds paid to the commission pursuant	70844
to this section shall be expended for the construction,	70845
reconstruction, maintenance, and repair of turnpike projects,	70846
except that the funds may not be expended for the construction of	70847
new interchanges. The funds also may be expended for the	70848
construction, reconstruction, maintenance, and repair of those	70849
portions of connecting public roads that serve existing	70850
interchanges and are determined by the commission and the director	70851
of transportation to be necessary for the safe merging of traffic	70852
between the turnpike and those public roads.	70853

The remainder of the balance shall be distributed as follows	70854
on the fifteenth day of the following month:	70855

(a) Ten and seven-tenths per cent shall be paid to municipal	70856
corporations for distribution pursuant to division (A)(1) of	70857
section 5735.27 of the Revised Code and may be used for any	70858
purpose for which payments received under that division may be	70859
used. Beginning August 15, 2004, the sum of two hundred	70860
forty-eight thousand six hundred twenty-five dollars shall be	70861
annuallymonthly subtracted from the amount so computed and	70862
credited to the highway operating fund.	70863

(b) Five per cent shall be paid to townships for distribution	70864
pursuant to division (A)(5) of section 5735.27 of the Revised Code	70865
and may be used for any purpose for which payments received under	70866
that division may be used. Beginning August 15, 2004, the sum of	70867
eighty-seven thousand seven hundred fifty dollars shall be	70868
annuallymonthly subtracted from the amount so computed and	70869
credited to the highway operating fund.	70870

(c) Nine and three-tenths per cent shall be paid to counties	70871
for distribution pursuant to division (A)(3) of section 5735.27 of	70872
the Revised Code and may be used for any purpose for which	70873
payments received under that division may be used. Beginning	70874
August 15, 2004, the sum of two hundred forty-eight thousand six	70875
hundred twenty-five dollars shall be annuallymonthly subtracted	70876
from the amount so computed and credited to the highway operating	70877
fund.	70878

(d) Except as provided in division (D) of this section, the	70879
balance shall be transferred to the highway operating fund and	70880
used for the purposes set forth in division (B)(1) of section	70881
5735.27 of the Revised Code.	70882

(D) Beginning on the first day of September each fiscal year,	70883
any amounts required to be credited or transferred to the highway	70884
operating fund pursuant to division (B)(2)(c) or (C)(2)(d) of this	70885
section shall be credited or transferred to the highway capital	70886
improvement bond service fund created in section 151.06 of the	70887
Revised Code, until such time as the office of budget and	70888
management receives certification from the treasurer of state or	70889
the treasurer of state's designee that sufficient money has been	70890
credited or transferred to the bond service fund to meet in full	70891
all payments of debt service and financing costs due during the	70892
fiscal year from that fund.	70893

Sec. 5735.26.  The treasurer of state shall place to the	70894
credit of the tax refund fund created by section 5703.052 of the	70895
Revised Code, out of receipts from the tax levied by section	70896
5735.25 of the Revised Code, amounts equal to the refunds	70897
certified by the tax commissioner pursuant to sections 5735.142	70898
and 5735.25 of the Revised Code, which shall be paid from such	70899
fund. Receipts from the tax shall be used by the tax commissioner	70900
for the maintenance and administration of the motor fuel laws. The	70901
treasurer of state shall then transfer the amount required by	70902
section 5735.051 of the Revised Code to the waterways safety fund	70903
and the amount required by section 5735.053 of the Revised Code to	70904
the motor fuel tax administration fund.	70905

The balance of taxes collected under section 5735.25 of the	70906
Revised Code shall be credited as follows, after the credits to	70907
the tax refund fund, and after deduction of the cost of	70908
administration of the motor fuel laws, and after the transfer	70909
transfers to the waterways safety fund and motor fuel tax	70910
administration fund, and after receipt by the treasurer of state	70911
of certifications from the commissioners of the sinking fund	70912
certifying, as required by sections 5528.15 and 5528.35 of the	70913
Revised Code, there are sufficient moneys to the credit of the	70914
highway improvement bond retirement fund to meet in full all	70915
payments of interest, principal, and charges for the retirement of	70916
bonds and other obligations issued pursuant to Section 2g of	70917
Article VIII, Ohio Constitution, and sections 5528.10 and 5528.11	70918
of the Revised Code due and payable during the current calendar	70919
year, and that there are sufficient moneys to the credit of the	70920
highway obligations bond retirement fund to meet in full all	70921
payments of interest, principal, and charges for the retirement of	70922
highway obligations issued pursuant to Section 2i of Article VIII,	70923
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised	70924
Code due and payable during the current calendar year:	70925

(A) Sixty-seven and one-half per cent to the highway	70926
operating fund for distribution pursuant to division (B)(2) of	70927
section 5735.27 of the Revised Code;	70928

(B) Seven and one-half per cent to the gasoline excise tax	70929
fund for distribution pursuant to division (A)(2) of such section;	70930

(C) Seven and one-half per cent to the gasoline excise tax	70931
fund for distribution pursuant to division (A)(4) of such section;	70932

(D) Seventeen and one-half per cent to the gasoline excise	70933
tax fund for distribution pursuant to division (A)(5) of such	70934
section.	70935

Sec. 5735.291.  (A) The treasurer of state shall place to the	70936
credit of the tax refund fund created by section 5703.052 of the	70937
Revised Code, out of receipts from the tax levied by section	70938
5735.29 of the Revised Code, amounts equal to the refunds	70939
certified by the tax commissioner pursuant to sections 5735.142	70940
and 5735.29 of the Revised Code. The refunds provided for by	70941
sections 5735.142 and 5735.29 of the Revised Code shall be paid	70942
from such fund. The treasurer of state shall then transfer the	70943
amount required by section 5735.051 of the Revised Code to the	70944
waterways safety fund and the amount required by section 5735.053	70945
of the Revised Code to the motor fuel tax administration fund. The	70946

The specified portion of the balance of taxes collected under	70947
section 5735.29 of the Revised Code, after the credits to the tax	70948
refund fund, and after the transfertransfers to the waterways	70949
safety fund and the motor fuel tax administration fund, shall be	70950
credited to the gasoline excise tax fund. Subject to division (B)	70951
of this section, forty-two and eighty-six hundredths per cent of	70952
the specified portion shall be distributed among the municipal	70953
corporations within the state in accordance with division (A)(2)	70954
of section 5735.27 of the Revised Code, thirty-seven and fourteen	70955
hundredths per cent of the specified portion shall be distributed	70956
among the counties within the state in accordance with division	70957
(A)(3) of section 5735.27 of the Revised Code, and twenty per cent	70958
of the specified portion shall be combined with twenty per cent of	70959
any amounts transferred from the highway operating fund to the	70960
gasoline excise tax fund through biennial appropriations acts of	70961
the general assembly pursuant to the planned phase-in of a new	70962
source of funding for the state highway patrol, and shall be	70963
distributed among the townships within the state in accordance	70964
with division (A)(5)(b)of section 5735.27 of the Revised Code.	70965
Subject to division (B) of this section, the remainder of the tax	70966
levied by section 5735.29 of the Revised Code after receipt by the	70967
treasurer of state of certifications from the commissioners of the	70968
sinking fund certifying, as required by sections 5528.15 and	70969
5528.35 of the Revised Code, that there are sufficient moneys to	70970
the credit of the highway improvement bond retirement fund created	70971
by section 5528.12 of the Revised Code to meet in full all	70972
payments of interest, principal, and charges for the retirement of	70973
bonds and other obligations issued pursuant to Section 2g of	70974
Article VIII, Ohio Constitution, and sections 5528.10 and 5528.11	70975
of the Revised Code due and payable during the current calendar	70976
year, and that there are sufficient moneys to the credit of the	70977
highway obligations bond retirement fund created by section	70978
5528.32 of the Revised Code to meet in full all payments of	70979
interest, principal, and charges for the retirement of highway	70980
obligations issued pursuant to Section 2i of Article VIII, Ohio	70981
Constitution, and sections 5528.30 and 5528.31 of the Revised Code	70982
due and payable during the current calendar year, shall be	70983
credited to the highway operating fund, which is hereby created in	70984
the state treasury and shall be used solely for the purposes	70985
enumerated in section 5735.29 of the Revised Code. All investment	70986
earnings of the fund shall be credited to the fund.	70987

(B)(1) Effective August 15, 2003, prior to the distribution	70988
from the gasoline excise tax fund to municipal corporations of the	70989
forty-two and eighty-six hundredths per cent of the specified	70990
portion as provided in division (A) of this section, the	70991
department of taxation shall deduct thirty-three and one-third per	70992
cent of the amount specified in division (A)(5)(c) of section	70993
5735.27 of the Revised Code and use it for distribution to	70994
townships pursuant to division (A)(5)(b) of that section.	70995

(2) Effective August 15, 2003, prior to the distribution from	70996
the gasoline excise tax fund to counties of the thirty-seven and	70997
fourteen hundredths per cent of the specified portion as provided	70998
in division (A) of this section, the department of taxation shall	70999
deduct thirty-three and one-third per cent of the amount specified	71000
in division (A)(5)(c) of section 5735.27 of the Revised Code and	71001
use it for distribution to townships pursuant to division	71002
(A)(5)(b) of that section.	71003

(3) Effective August 15, 2003, prior to crediting any revenue	71004
resulting from the tax levied by section 5735.29 of the Revised	71005
Code to the highway operating fund, the department of taxation	71006
shall deduct thirty-three and one-third per cent of the amount	71007
specified in division (A)(5)(c) of section 5735.27 of the Revised	71008
Code and use it for distribution to townships pursuant to division	71009
(A)(5)(b) of that section.	71010

(C) As used in this section, "specified portion" means all of	71011
the following:	71012

(1) Until August 15, 2003, none of the taxes collected under	71013
section 5735.29 of the Revised Code;	71014

(2) Effective August 15, 2003, one-eighth of the balance of	71015
taxes collected under section 5735.29 of the Revised Code, after	71016
the credits to the tax refund fund and after the transfer	71017
transfers to the waterways safety fund and the motor fuel tax	71018
administration fund;	71019

(3) Effective August 15, 2004, one-sixth of the balance of	71020
taxes described in division (C)(2) of this section;	71021

(4) Effective August 15, 2005, three-sixteenths of the	71022
balance of taxes described in division (C)(2) of this section.	71023

Sec. 5735.30. (A) For the purpose of providing funds to pay	71024
the state's share of the cost of constructing and reconstructing	71025
highways and eliminating railway grade crossings on the major	71026
thoroughfares of the state highway system and urban extensions	71027
thereof, to pay that portion of the construction cost of a highway	71028
project which a county, township, or municipal corporation	71029
normally would be required to pay, but which the director of	71030
transportation, pursuant to division (B) of section 5531.08 of the	71031
Revised Code, determines instead will be paid from moneys in the	71032
highway operating fund, to pay the interest, principal, and	71033
charges on bonds and other obligations issued pursuant to Section	71034
2g of Article VIII, Ohio Constitution, and sections 5528.10 and	71035
5528.11 of the Revised Code, to pay the interest, principal, and	71036
charges on highway obligations issued pursuant to Section 2i of	71037
Article VIII, Ohio Constitution, and sections 5528.30 and 5528.31	71038
of the Revised Code, and to provide revenues for the purposes of	71039
sections 1547.71 to 1547.78 of the Revised Code, and to pay the	71040
expenses of the department of taxation incident to the	71041
administration of the motor fuel laws, a motor fuel excise tax is	71042
hereby imposed on all motor fuel dealers upon their receipt of	71043
motor fuel within the state, at the rate of one cent on each	71044
gallon so received, to be reported, computed, paid, collected,	71045
administered, enforced, refunded, and subject to the same	71046
exemptions and penalties as provided in this chapter of the	71047
Revised Code.	71048

The tax imposed by this section shall be in addition to the	71049
tax imposed by sections 5735.05, 5735.25, and 5735.29 of the	71050
Revised Code.	71051

(B) The treasurer of state shall place to the credit of the	71052
tax refund fund created by section 5703.052 of the Revised Code,	71053
out of receipts from the tax levied by this section, amounts equal	71054
to the refunds certified by the tax commissioner pursuant to this	71055
section. The refund provided for by the first paragraphdivision	71056
(A) of this section shall be paid from such fund. The treasurer	71057
shall then transfer the amount required by section 5735.051 of the	71058
Revised Code to the waterways safety fund and the amount required	71059
by section 5735.053 of the Revised Code to the motor fuel tax	71060
administration fund. The balance of taxes for which the liability	71061
has become fixed prior to July 1, 1955, under this section, after	71062
the credit to the tax refund fund, shall be credited to the	71063
highway operating fund.	71064

(C)(1) The moneys derived from the tax levied by this	71065
section, after the credit to the tax refund fund and the waterways	71066
safety fund as providedand transfers required by division (B) of	71067
this section, shall, during each calendar year, be credited to the	71068
highway improvement bond retirement fund created by section	71069
5528.12 of the Revised Code, until the commissioners of the	71070
sinking fund certify to the treasurer of state, as required by	71071
section 5528.17 of the Revised Code, that there are sufficient	71072
moneys to the credit of the highway improvement bond retirement	71073
fund to meet in full all payments of interest, principal, and	71074
charges for the retirement of bonds and other obligations issued	71075
pursuant to Section 2g of Article VIII, Ohio Constitution, and	71076
sections 5528.10 and 5528.11 of the Revised Code due and payable	71077
during the current calendar year and during the next succeeding	71078
calendar year. From the date of the receipt of the certification	71079
required by section 5528.17 of the Revised Code by the treasurer	71080
of state until the thirty-first day of December of the calendar	71081
year in which such certification is made, all moneys received in	71082
the state treasury from the tax levied by this section, after the	71083
credit to the tax refund fund and the waterways safety fund as	71084
providedand transfers required by division (B) of this section,	71085
shall be credited to the highway obligations bond retirement fund	71086
created by section 5528.32 of the Revised Code, until the	71087
commissioners of the sinking fund certify to the treasurer of	71088
state, as required by section 5528.38 of the Revised Code, that	71089
there are sufficient moneys to the credit of the highway	71090
obligations bond retirement fund to meet in full all payments of	71091
interest, principal, and charges for the retirement of obligations	71092
issued pursuant to Section 2i of Article VIII, Ohio Constitution,	71093
and sections 5528.30 and 5528.31 of the Revised Code due and	71094
payable during the current calendar year and during the next	71095
succeeding calendar year. From	71096

(2) From the date of the receipt of the certification	71097
required by section 5528.38 of the Revised Code by the treasurer	71098
of state until the thirty-first day of December of the calendar	71099
year in which such certification is made, all moneys received in	71100
the state treasury from the tax levied by this section, after the	71101
credit to the tax refund fund and the waterways safety fund as	71102
providedand transfers required by division (B) of this section,	71103
shall be credited to the highway operating fund, except as	71104
provided in the next succeeding paragraphdivision (C)(3) of this	71105
section.	71106

(3) From the date of the receipt by the treasurer of state of	71107
certifications from the commissioners of the sinking fund, as	71108
required by sections 5528.18 and 5528.39 of the Revised Code,	71109
certifying that the moneys to the credit of the highway	71110
improvement bond retirement fund are sufficient to meet in full	71111
all payments of interest, principal, and charges for the	71112
retirement of all bonds and other obligations which may be issued	71113
pursuant to Section 2g of Article VIII, Ohio Constitution, and	71114
sections 5528.10 and 5528.11 of the Revised Code, and to the	71115
credit of the highway obligations bond retirement fund are	71116
sufficient to meet in full all payments of interest, principal,	71117
and charges for the retirement of all obligations issued pursuant	71118
to Section 2i of Article VIII, Ohio Constitution, and sections	71119
5528.30 and 5528.31 of the Revised Code, the moneys derived from	71120
the tax levied by this section, after the credit to the tax refund	71121
fund and the waterways safety fund as providedand transfers	71122
required by division (B) of this section, shall be credited to the	71123
highway operating fund.	71124

Sec. 5735.99.  (A) Whoever violates division (F) of section	71125
5735.02, division (D) of section 5735.021, division (B) of section	71126
5735.063, division (B) of section 5735.064, or division (A)(2) of	71127
section 5735.20 of the Revised Code is guilty of a misdemeanor of	71128
the first degree.	71129

(B) Whoever violates division (E) of section 5735.06 of the	71130
Revised Code is guilty of a felony of the fourth degree.	71131

(C) Whoever violates section 5735.025 or division (A)(1) of	71132
section 5735.20 of the Revised Code is guilty of a misdemeanor of	71133
the first degree, if the tax owed or the fraudulent refund	71134
received is not greater than five hundred dollars. If the tax owed	71135
or the fraudulent refund received is greater than five hundred	71136
dollars but not greater than ten thousand dollars, the offender is	71137
guilty of a felony of the fourth degree; for each subsequent	71138
offense when the tax owed or the fraudulent refund received is	71139
greater than five hundred dollars but not greater than ten	71140
thousand dollars, the offender is guilty of a felony of the third	71141
degree. If the tax owed or the fraudulent refund received is	71142
greater than ten thousand dollars, the offender is guilty of a	71143
felony of the second degree.	71144

(D) Whoever violates a provision of this chapter for which a	71145
penalty is not otherwise prescribed under this section is guilty	71146
of a misdemeanor of the fourth degree.	71147

(E) Whoever violates division (D)(5) of section 5735.19 of	71148
the Revised Code is guilty of a misdemeanor of the first degree.	71149

Sec. 5739.01.  As used in this chapter:

71150

(A) "Person" includes individuals, receivers, assignees,	71151
trustees in bankruptcy, estates, firms, partnerships,	71152
associations, joint-stock companies, joint ventures, clubs,	71153
societies, corporations, the state and its political subdivisions,	71154
and combinations of individuals of any form.	71155

(B) "Sale" and "selling" include all of the following	71156
transactions for a consideration in any manner, whether absolutely	71157
or conditionally, whether for a price or rental, in money or by	71158
exchange, and by any means whatsoever:	71159

(1) All transactions by which title or possession, or both,	71160
of tangible personal property, is or is to be transferred, or a	71161
license to use or consume tangible personal property is or is to	71162
be granted;	71163

(2) All transactions by which lodging by a hotel is or is to	71164
be furnished to transient guests;	71165

(3) All transactions by which:

71166

(a) An item of tangible personal property is or is to be	71167
repaired, except property, the purchase of which would not be	71168
subject to the tax imposed by section 5739.02 of the Revised Code;	71169

(b) An item of tangible personal property is or is to be	71170
installed, except property, the purchase of which would not be	71171
subject to the tax imposed by section 5739.02 of the Revised Code	71172
or property that is or is to be incorporated into and will become	71173
a part of a production, transmission, transportation, or	71174
distribution system for the delivery of a public utility service;	71175

(c) The service of washing, cleaning, waxing, polishing, or	71176
painting a motor vehicle is or is to be furnished;	71177

(d) Industrial laundryLaundry and dry cleaning services are	71178
or are to be provided;	71179

(e) Automatic data processing, computer services, or	71180
electronic information services are or are to be provided for use	71181
in business when the true object of the transaction is the receipt	71182
by the consumer of automatic data processing, computer services,	71183
or electronic information services rather than the receipt of	71184
personal or professional services to which automatic data	71185
processing, computer services, or electronic information services	71186
are incidental or supplemental. Notwithstanding any other	71187
provision of this chapter, such transactions that occur between	71188
members of an affiliated group are not sales. An affiliated group	71189
means two or more persons related in such a way that one person	71190
owns or controls the business operation of another member of the	71191
group. In the case of corporations with stock, one corporation	71192
owns or controls another if it owns more than fifty per cent of	71193
the other corporation's common stock with voting rights.	71194

(f) Telecommunications service, other than mobile	71195
telecommunications service after July 31, 2002, is or is to be	71196
provided that originates or terminates in this state and is	71197
charged in the records of the telecommunications service vendor to	71198
the consumer's telephone number or account in this state, or that	71199
both originates and terminates in this state;, but does not	71200
include transactions by which telecommunications service is paid	71201
for by using a prepaid authorization number or prepaid telephone	71202
calling card, or by which local telecommunications service is	71203
obtained from a coin-operated telephone and paid for by using	71204
coin;	71205

(g) Landscaping and lawn care service is or is to be	71206
provided;	71207

(h) Private investigation and security service is or is to be	71208
provided;	71209

(i) Information services or tangible personal property is	71210
provided or ordered by means of a nine hundred telephone call;	71211

(j) Building maintenance and janitorial service is or is to	71212
be provided;	71213

(k) Employment service is or is to be provided;

71214

(l) Employment placement service is or is to be provided;

71215

(m) Exterminating service is or is to be provided;

71216

(n) Physical fitness facility service is or is to be	71217
provided;	71218

(o) Recreation and sports club service is or is to be	71219
provided.	71220

(p) After July 31, 2002, mobile telecommunications service is	71221
or is to be provided in this state when that service is sitused to	71222
this state pursuant to the "Mobile Telecommunications Sourcing	71223
Act," P. Pub. L. No. 106-252, 114 Stat. 626 to 632 (2000), 4	71224
U.S.C.A. 116 to 126, as amended.	71225

(q) Satellite broadcasting service is or is to be provided;

71226

(r) Personal care service is or is to be provided to an	71227
individual. As used in this division, "personal care service"	71228
includes skin care, the application of cosmetics, manicuring,	71229
pedicuring, hair removal, tattooing, body piercing, tanning,	71230
massage, and other similar services. "Personal care service" does	71231
not include a service provided by individuals licensed under Title	71232
XLVII of the Revised Code who are authorized to perform	71233
therapeutic massage pursuant to their scope of practice, or the	71234
cutting, coloring, or styling of an individual's hair.	71235

(s) The transportation of persons by motor vehicle or	71236
aircraft is or is to be provided, when the point of origin and the	71237
point of termination are both within this state, except for	71238
transportation provided by an ambulance service, by a transit bus,	71239
as defined in section 5735.01 of the Revised Code, and	71240
transportation provided by a citizen of the United States holding	71241
a certificate of public convenience and necessity issued under 49	71242
U.S.C. 41102;	71243

(t) Motor vehicle towing service is or is to be provided. As	71244
used in this division, "motor vehicle towing service" means the	71245
towing or conveyance of a wrecked, disabled, or illegally parked	71246
motor vehicle.	71247

(u) Snow removal service is or is to be provided. As used in	71248
this division, "snow removal" means the removal of snow by any	71249
mechanized means.	71250

(4) All transactions by which printed, imprinted,	71251
overprinted, lithographic, multilithic, blueprinted, photostatic,	71252
or other productions or reproductions of written or graphic matter	71253
are or are to be furnished or transferred;	71254

(5) The production or fabrication of tangible personal	71255
property for a consideration for consumers who furnish either	71256
directly or indirectly the materials used in the production of	71257
fabrication work; and include the furnishing, preparing, or	71258
serving for a consideration of any tangible personal property	71259
consumed on the premises of the person furnishing, preparing, or	71260
serving such tangible personal property. Except as provided in	71261
section 5739.03 of the Revised Code, a construction contract	71262
pursuant to which tangible personal property is or is to be	71263
incorporated into a structure or improvement on and becoming a	71264
part of real property is not a sale of such tangible personal	71265
property. The construction contractor is the consumer of such	71266
tangible personal property, provided that the sale and	71267
installation of carpeting, the sale and installation of	71268
agricultural land tile, the sale and erection or installation of	71269
portable grain bins, or the provision of landscaping and lawn care	71270
service and the transfer of property as part of such service is	71271
never a construction contract. The transfer of copyrighted motion	71272
picture films for exhibition purposes is not a sale, except such	71273
films as are used solely for advertising purposes. Other than as	71274
provided in this section, "sale" and "selling" do not include	71275
transfers of interest in leased property where the original lessee	71276
and the terms of the original lease agreement remain unchanged, or	71277
professional, insurance, or personal service transactions that	71278
involve the transfer of tangible personal property as an	71279
inconsequential element, for which no separate charges are made.	71280

As used in division (B)(5) of this section:

71281

(a) "Agricultural land tile" means fired clay or concrete	71282
tile, or flexible or rigid perforated plastic pipe or tubing,	71283
incorporated or to be incorporated into a subsurface drainage	71284
system appurtenant to land used or to be used directly in	71285
production by farming, agriculture, horticulture, or floriculture.	71286
The term does not include such materials when they are or are to	71287
be incorporated into a drainage system appurtenant to a building	71288
or structure even if the building or structure is used or to be	71289
used in such production.	71290

(b) "Portable grain bin" means a structure that is used or to	71291
be used by a person engaged in farming or agriculture to shelter	71292
the person's grain and that is designed to be disassembled without	71293
significant damage to its component parts.	71294

(6) All transactions in which all of the shares of stock of a	71295
closely held corporation are transferred, if the corporation is	71296
not engaging in business and its entire assets consist of boats,	71297
planes, motor vehicles, or other tangible personal property	71298
operated primarily for the use and enjoyment of the shareholders;	71299

(7) All transactions in which a warranty, maintenance or	71300
service contract, or similar agreement by which the vendor of the	71301
warranty, contract, or agreement agrees to repair or maintain the	71302
tangible personal property of the consumer is or is to be	71303
provided;	71304

(8) All transactions by which a prepaid authorization number	71305
or a prepaid telephone calling card is or is to be transferredAll	71306
transactions by which tangible personal property is or is to be	71307
stored, except such property that the consumer of the storage	71308
holds for sale in the regular course of business.	71309

Except as provided in this section, "sale" and "selling" do	71310
not include transfers of interest in leased property where the	71311
original lessee and the terms of the original lease agreement	71312
remain unchanged, or professional, insurance, or personal service	71313
transactions that involve the transfer of tangible personal	71314
property as an inconsequential element, for which no separate	71315
charges are made.	71316

(C) "Vendor" means the person providing the service or by	71317
whom the transfer effected or license given by a sale is or is to	71318
be made or given and, for sales described in division (B)(3)(i) of	71319
this section, the telecommunications service vendor that provides	71320
the nine hundred telephone service; if two or more persons are	71321
engaged in business at the same place of business under a single	71322
trade name in which all collections on account of sales by each	71323
are made, such persons shall constitute a single vendor.	71324

Physicians, dentists, hospitals, and veterinarians who are	71325
engaged in selling tangible personal property as received from	71326
others, such as eyeglasses, mouthwashes, dentifrices, or similar	71327
articles, are vendors. Veterinarians who are engaged in	71328
transferring to others for a consideration drugs, the dispensing	71329
of which does not require an order of a licensed veterinarian or	71330
physician under federal law, are vendors.	71331

(D)(1) "Consumer" means the person for whom the service is	71332
provided, to whom the transfer effected or license given by a sale	71333
is or is to be made or given, to whom the service described in	71334
division (B)(3)(f) or (i) of this section is charged, or to whom	71335
the admission is granted.	71336

(2) Physicians, dentists, hospitals, and blood banks operated	71337
by nonprofit institutions and persons licensed to practice	71338
veterinary medicine, surgery, and dentistry are consumers of all	71339
tangible personal property and services purchased by them in	71340
connection with the practice of medicine, dentistry, the rendition	71341
of hospital or blood bank service, or the practice of veterinary	71342
medicine, surgery, and dentistry. In addition to being consumers	71343
of drugs administered by them or by their assistants according to	71344
their direction, veterinarians also are consumers of drugs that	71345
under federal law may be dispensed only by or upon the order of a	71346
licensed veterinarian or physician, when transferred by them to	71347
others for a consideration to provide treatment to animals as	71348
directed by the veterinarian.	71349

(3) A person who performs a facility management, or similar	71350
service contract for a contractee is a consumer of all tangible	71351
personal property and services purchased for use in connection	71352
with the performance of such contract, regardless of whether title	71353
to any such property vests in the contractee. The purchase of such	71354
property and services is not subject to the exception for resale	71355
under division (E)(1) of this section.	71356

(4)(a) In the case of a person who purchases printed matter	71357
for the purpose of distributing it or having it distributed to the	71358
public or to a designated segment of the public, free of charge,	71359
that person is the consumer of that printed matter, and the	71360
purchase of that printed matter for that purpose is a sale.	71361

(b) In the case of a person who produces, rather than	71362
purchases, printed matter for the purpose of distributing it or	71363
having it distributed to the public or to a designated segment of	71364
the public, free of charge, that person is the consumer of all	71365
tangible personal property and services purchased for use or	71366
consumption in the production of that printed matter. That person	71367
is not entitled to claim exceptionexemption under division	71368
(E)(8)(B)(43)(f) of this section 5739.02 of the Revised Code for	71369
any material incorporated into the printed matter or any	71370
equipment, supplies, or services primarily used to produce the	71371
printed matter.	71372

(c) The distribution of printed matter to the public or to a	71373
designated segment of the public, free of charge, is not a sale to	71374
the members of the public to whom the printed matter is	71375
distributed or to any persons who purchase space in the printed	71376
matter for advertising or other purposes.	71377

(5) A person who makes sales of any of the services listed in	71378
division (B)(3) of this section is the consumer of any tangible	71379
personal property used in performing the service. The purchase of	71380
that property is not subject to the resale exception under	71381
division (E)(1) of this section.	71382

(E) "Retail sale" and "sales at retail" include all sales,	71383
except those in which the purpose of the consumer is:	71384

(1) Toto resell the thing transferred or benefit of the	71385
service provided, by a person engaging in business, in the form in	71386
which the same is, or is to be, received by the person;	71387

(2) To incorporate the thing transferred as a material or a	71388
part, into tangible personal property to be produced for sale by	71389
manufacturing, assembling, processing, or refining, or to use or	71390
consume the thing transferred directly in producing a product for	71391
sale by mining, including without limitation the extraction from	71392
the earth of all substances that are classed geologically as	71393
minerals, production of crude oil and natural gas, farming,	71394
agriculture, horticulture, or floriculture, and persons engaged in	71395
rendering farming, agricultural, horticultural, or floricultural	71396
services, and services in the exploration for, and production of,	71397
crude oil and natural gas, for others are deemed engaged directly	71398
in farming, agriculture, horticulture, and floriculture, or	71399
exploration for, and production of, crude oil and natural gas;	71400
directly in the rendition of a public utility service, except that	71401
the sales tax levied by section 5739.02 of the Revised Code shall	71402
be collected upon all meals, drinks, and food for human	71403
consumption sold upon Pullman and railroad coaches. This paragraph	71404
does not exempt or except from "retail sale" or "sales at retail"	71405
the sale of tangible personal property that is to be incorporated	71406
into a structure or improvement to real property.	71407

(3) To hold the thing transferred as security for the	71408
performance of an obligation of the vendor;	71409

(4) To use or consume the thing transferred in the process of	71410
reclamation as required by Chapters 1513. and 1514. of the Revised	71411
Code;	71412

(5) To resell, hold, use, or consume the thing transferred as	71413
evidence of a contract of insurance;	71414

(6) To use or consume the thing directly in commercial	71415
fishing;	71416

(7) To incorporate the thing transferred as a material or a	71417
part into, or to use or consume the thing transferred directly in	71418
the production of, magazines distributed as controlled circulation	71419
publications;	71420

(8) To use or consume the thing transferred in the production	71421
and preparation in suitable condition for market and sale of	71422
printed, imprinted, overprinted, lithographic, multilithic,	71423
blueprinted, photostatic, or other productions or reproductions of	71424
written or graphic matter;	71425

(9) To use the thing transferred, as described in section	71426
5739.011 of the Revised Code, primarily in a manufacturing	71427
operation to produce tangible personal property for sale;	71428

(10) To use the benefit of a warranty, maintenance or service	71429
contract, or similar agreement, as defined in division (B)(7) of	71430
this section, to repair or maintain tangible personal property, if	71431
all of the property that is the subject of the warranty, contract,	71432
or agreement would be exempt on its purchase from the tax imposed	71433
by section 5739.02 of the Revised Code;	71434

(11) To use the thing transferred as qualified research and	71435
development equipment;	71436

(12) To use or consume the thing transferred primarily in	71437
storing, transporting, mailing, or otherwise handling purchased	71438
sales inventory in a warehouse, distribution center, or similar	71439
facility when the inventory is primarily distributed outside this	71440
state to retail stores of the person who owns or controls the	71441
warehouse, distribution center, or similar facility, to retail	71442
stores of an affiliated group of which that person is a member, or	71443
by means of direct marketing. Division (E)(12) of this section	71444
does not apply to motor vehicles registered for operation on the	71445
public highways. As used in division (E)(12) of this section,	71446
"affiliated group" has the same meaning as in division (B)(3)(e)	71447
of this section and "direct marketing" has the same meaning as in	71448
division (B)(36) of section 5739.02 of the Revised Code.	71449

(13) To use or consume the thing transferred to fulfill a	71450
contractual obligation incurred by a warrantor pursuant to a	71451
warranty provided as a part of the price of the tangible personal	71452
property sold or by a vendor of a warranty, maintenance or service	71453
contract, or similar agreement the provision of which is defined	71454
as a sale under division (B)(7) of this section;	71455

(14) To use or consume the thing transferred in the	71456
production of a newspaper for distribution to the public;	71457

(15) To use tangible personal property to perform a service	71458
listed in division (B)(3) of this section, if the property is or	71459
is to be permanently transferred to the consumer of the service as	71460
an integral part of the performance of the service.	71461

As used in division (E) of this section, "thing" includes all	71462
transactions included in divisions (B)(3)(a), (b), and (e) of this	71463
section.	71464

Sales conducted through a coin-operated device that activates	71465
vacuum equipment or equipment that dispenses water, whether or not	71466
in combination with soap or other cleaning agents or wax, to the	71467
consumer for the consumer's use on the premises in washing,	71468
cleaning, or waxing a motor vehicle, provided no other personal	71469
property or personal service is provided as part of the	71470
transaction, are not retail sales or sales at retail.	71471

(F) "Business" includes any activity engaged in by any person	71472
with the object of gain, benefit, or advantage, either direct or	71473
indirect. "Business" does not include the activity of a person in	71474
managing and investing the person's own funds.	71475

(G) "Engaging in business" means commencing, conducting, or	71476
continuing in business, and liquidating a business when the	71477
liquidator thereof holds itself out to the public as conducting	71478
such business. Making a casual sale is not engaging in business.	71479

(H)(1)(a) "Price," except as provided in divisions (H)(2) and	71480
(3) of this section, means the aggregate value in money of	71481
anything paid or delivered, or promised to be paid or delivered,	71482
in the complete performance of a retail sale, without any	71483
deduction on account of the cost of the property sold, cost of	71484
materials used, labor or service cost, interest, discount paid or	71485
allowed after the sale is consummated, or any other expense. If	71486
the retail sale consists of the rental or lease of tangible	71487
personal property, "price" means the aggregate value in money of	71488
anything paid or delivered, or promised to be paid or delivered,	71489
in the complete performance of the rental or lease, without any	71490
deduction for tax, interest, labor or service charge, damage	71491
liability waiver, termination or damage charge, discount paid or	71492
allowed after the lease is consummated, or any other expense.	71493
Except as provided in division (H)(4) of this section, the sales	71494
tax shall be calculated and collected by the lessor on each	71495
payment made by the lessee. "Price" does not include the	71496
consideration received as a deposit refundable to the consumer	71497
upon return of a beverage container, the consideration received as	71498
a deposit on a carton or case that is used for such returnable	71499
containers, or the consideration received as a refundable security	71500
deposit for the use of tangible personal property to the extent	71501
that it actually is refunded, if the consideration for such	71502
refundable deposit is separately stated from the consideration	71503
received or to be received for the tangible personal property	71504
transferred in the retail sale. Such separation must appear in the	71505
sales agreement or on the initial invoice or initial billing	71506
rendered by the vendor to the consumer. "Price" also does not	71507
include delivery charges that are separately stated on the initial	71508
invoice or initial billing rendered by the vendor. Price is the	71509
amount received inclusive of the tax, provided the vendor	71510
establishes to the satisfaction of the tax commissioner that the	71511
tax was added to the price. When the price includes both a charge	71512
for tangible personal property and a charge for providing a	71513
service and the sale of the property and the charge for the	71514
service are separately taxable, or have a separately determinable	71515
tax status, the price shall be separately stated for each such	71516
charge so the tax can be correctly computed and charged.	71517

The tax collected by the vendor from the consumer under this	71518
chapter is not part of the price, but is a tax collection for the	71519
benefit of the state and of counties levying an additional sales	71520
tax pursuant to section 5739.021 or 5739.026 of the Revised Code	71521
and of transit authorities levying an additional sales tax	71522
pursuant to section 5739.023 of the Revised Code. Except for the	71523
discount authorized in section 5739.12 of the Revised Code and the	71524
effects of any rounding pursuant to section 5703.055 of the	71525
Revised Code, no person other than the state or such a county or	71526
transit authority shall derive any benefit from the collection or	71527
payment of such tax.	71528

As used in division (H)(1) of this section, "delivery	71529
charges" means charges by the vendor for preparation and delivery	71530
to a location designated by the consumer of tangible personal	71531
property or a service, including transportation, shipping,	71532
postage, handling, crating, and packingthe total amount of	71533
consideration, including cash, credit, property, and services, for	71534
which tangible personal property or services are sold, leased, or	71535
rented, valued in money, whether received in money or otherwise,	71536
without any deduction for any of the following:	71537

(i) The vendor's cost of the property sold;

71538

(ii) The cost of materials used, labor or service costs,	71539
interest, losses, all costs of transportation to the vendor, all	71540
taxes imposed on the vendor, and any other expense of the vendor;	71541

(iii) Charges by the vendor for any services necessary to	71542
complete the sale;	71543

(iv) Delivery charges. As used in this division, "delivery	71544
charges" means charges by the vendor for preparation and delivery	71545
to a location designated by the consumer of tangible personal	71546
property or a service, including transportation, shipping,	71547
postage, handling, crating, and packing.	71548

(v) Installation charges;

71549

(vi) The value of exempt tangible personal property given to	71550
the consumer where taxable and exempt tangible personal property	71551
have been bundled together and sold by the vendor as a single	71552
product or piece of merchandise.	71553

(b) "Price" does not include any of the following:

71554

(i) Discounts, including cash, term, or coupons that are not	71555
reimbursed by a third party that are allowed by a vendor and taken	71556
by a consumer on a sale;	71557

(ii) Interest, financing, and carrying charges from credit	71558
extended on the sale of tangible personal property or services, if	71559
the amount is separately stated on the invoice, bill of sale, or	71560
similar document given to the purchaser;	71561

(iii) Any taxes legally imposed directly on the consumer that	71562
are separately stated on the invoice, bill of sale, or similar	71563
document given to the consumer.	71564

(2) In the case of a sale of any new motor vehicle by a new	71565
motor vehicle dealer, as defined in section 4517.01 of the Revised	71566
Code, in which another motor vehicle is accepted by the dealer as	71567
part of the consideration received, "price" has the same meaning	71568
as in division (H)(1) of this section, reduced by the credit	71569
afforded the consumer by the dealer for the motor vehicle received	71570
in trade.	71571

(3) In the case of a sale of any watercraft or outboard motor	71572
by a watercraft dealer licensed in accordance with section	71573
1547.543 of the Revised Code, in which another watercraft,	71574
watercraft and trailer, or outboard motor is accepted by the	71575
dealer as part of the consideration received, "price" has the same	71576
meaning as in division (H)(1) of this section, reduced by the	71577
credit afforded the consumer by the dealer for the watercraft,	71578
watercraft and trailer, or outboard motor received in trade. As	71579
used in this division, "watercraft" includes an outdrive unit	71580
attached to the watercraft.	71581

(4) In the case of the lease of any motor vehicle designed by	71582
the manufacturer to carry a load of not more than one ton,	71583
watercraft, outboard motor, or aircraft, or the lease of any	71584
tangible personal property, other than motor vehicles designed by	71585
the manufacturer to carry a load of more than one ton, to be used	71586
by the lessee primarily for business purposes, the sales tax shall	71587
be collected by the vendor at the time the lease is consummated	71588
and shall be calculated by the vendor on the basis of the total	71589
amount to be paid by the lessee under the lease agreement. If the	71590
total amount of the consideration for the lease includes amounts	71591
that are not calculated at the time the lease is executed, the tax	71592
shall be calculated and collected by the vendor at the time such	71593
amounts are billed to the lessee. In the case of an open-end	71594
lease, the sales tax shall be calculated by the vendor on the	71595
basis of the total amount to be paid during the initial fixed term	71596
of the lease, and then for each subsequent renewal period as it	71597
comes due.	71598

As used in divisions (H)(3) and (4) of this section, "motor	71599
vehicle" has the same meaning as in section 4501.01 of the Revised	71600
Code, and "watercraft" includes an outdrive unit attached to the	71601
watercraft.	71602

In the case of a transaction in which telecommunications	71603
service, mobile telecommunications service, or cable television	71604
service is sold in a bundled transaction with other distinct	71605
services for a single price that is not itemized, the entire price	71606
is subject to the taxes levied under sections 5739.02, 5739.021,	71607
5739.023, and 5739.026 of the Revised Code, unless the vendor can	71608
reasonably identify the nontaxable portion from its books and	71609
records kept in the regular course of business. Upon the request	71610
of the consumer, the vendor shall disclose to the consumer the	71611
selling price for the taxable services included in the selling	71612
price for the taxable and nontaxable services billed on an	71613
aggregated basis. The burden of proving any nontaxable charges is	71614
on the vendor.	71615

(I) "Receipts" means the total amount of the prices of the	71616
sales of vendors, provided that cash discounts allowed and taken	71617
on sales at the time they are consummated are not included, minus	71618
any amount deducted as a bad debt pursuant to section 5739.121 of	71619
the Revised Code. "Receipts" does not include the sale price of	71620
property returned or services rejected by consumers when the full	71621
sale price and tax are refunded either in cash or by credit.	71622

(J) "Place of business" means any location at which a person	71623
engages in business.	71624

(K) "Premises" includes any real property or portion thereof	71625
upon which any person engages in selling tangible personal	71626
property at retail or making retail sales and also includes any	71627
real property or portion thereof designated for, or devoted to,	71628
use in conjunction with the business engaged in by such person.	71629

(L) "Casual sale" means a sale of an item of tangible	71630
personal property that was obtained by the person making the sale,	71631
through purchase or otherwise, for the person's own use and was	71632
previously subject to any state's taxing jurisdiction on its sale	71633
or use, and includes such items acquired for the seller's use that	71634
are sold by an auctioneer employed directly by the person for such	71635
purpose, provided the location of such sales is not the	71636
auctioneer's permanent place of business. As used in this	71637
division, "permanent place of business" includes any location	71638
where such auctioneer has conducted more than two auctions during	71639
the year.	71640

(M) "Hotel" means every establishment kept, used, maintained,	71641
advertised, or held out to the public to be a place where sleeping	71642
accommodations are offered to guests, in which five or more rooms	71643
are used for the accommodation of such guests, whether the rooms	71644
are in one or several structures.	71645

(N) "Transient guests" means persons occupying a room or	71646
rooms for sleeping accommodations for less than thirty consecutive	71647
days.	71648

(O) "Making retail sales" means the effecting of transactions	71649
wherein one party is obligated to pay the price and the other	71650
party is obligated to provide a service or to transfer title to or	71651
possession of the item sold. "Making retail sales" does not	71652
include the preliminary acts of promoting or soliciting the retail	71653
sales, other than the distribution of printed matter which	71654
displays or describes and prices the item offered for sale, nor	71655
does it include delivery of a predetermined quantity of tangible	71656
personal property or transportation of property or personnel to or	71657
from a place where a service is performed, regardless of whether	71658
the vendor is a delivery vendor.	71659

(P) "Used directly in the rendition of a public utility	71660
service" means that property whichthat is to be incorporated into	71661
and will become a part of the consumer's production, transmission,	71662
transportation, or distribution system and that retains its	71663
classification as tangible personal property after such	71664
incorporation; fuel or power used in the production, transmission,	71665
transportation, or distribution system; and tangible personal	71666
property used in the repair and maintenance of the production,	71667
transmission, transportation, or distribution system, including	71668
only such motor vehicles as are specially designed and equipped	71669
for such use. Tangible personal property and services used	71670
primarily in providing highway transportation for hire are not	71671
used directly in providingthe rendition of a public utility	71672
service as defined in this division.	71673

(Q) "Refining" means removing or separating a desirable	71674
product from raw or contaminated materials by distillation or	71675
physical, mechanical, or chemical processes.	71676

(R) "Assembly" and "assembling" mean attaching or fitting	71677
together parts to form a product, but do not include packaging a	71678
product.	71679

(S) "Manufacturing operation" means a process in which	71680
materials are changed, converted, or transformed into a different	71681
state or form from which they previously existed and includes	71682
refining materials, assembling parts, and preparing raw materials	71683
and parts by mixing, measuring, blending, or otherwise committing	71684
such materials or parts to the manufacturing process.	71685
"Manufacturing operation" does not include packaging.	71686

(T) "Fiscal officer" means, with respect to a regional	71687
transit authority, the secretary-treasurer thereof, and with	71688
respect to a county that is a transit authority, the fiscal	71689
officer of the county transit board if one is appointed pursuant	71690
to section 306.03 of the Revised Code or the county auditor if the	71691
board of county commissioners operates the county transit system.	71692

(U) "Transit authority" means a regional transit authority	71693
created pursuant to section 306.31 of the Revised Code or a county	71694
in which a county transit system is created pursuant to section	71695
306.01 of the Revised Code. For the purposes of this chapter, a	71696
transit authority must extend to at least the entire area of a	71697
single county. A transit authority that includes territory in more	71698
than one county must include all the area of the most populous	71699
county that is a part of such transit authority. County population	71700
shall be measured by the most recent census taken by the United	71701
States census bureau.	71702

(V) "Legislative authority" means, with respect to a regional	71703
transit authority, the board of trustees thereof, and with respect	71704
to a county that is a transit authority, the board of county	71705
commissioners.	71706

(W) "Territory of the transit authority" means all of the	71707
area included within the territorial boundaries of a transit	71708
authority as they from time to time exist. Such territorial	71709
boundaries must at all times include all the area of a single	71710
county or all the area of the most populous county that is a part	71711
of such transit authority. County population shall be measured by	71712
the most recent census taken by the United States census bureau.	71713

(X) "Providing a service" means providing or furnishing	71714
anything described in division (B)(3) of this section for	71715
consideration.	71716

(Y)(1)(a) "Automatic data processing" means processing of	71717
others' data, including keypunching or similar data entry services	71718
together with verification thereof, or providing access to	71719
computer equipment for the purpose of processing data.	71720

(b) "Computer services" means providing services consisting	71721
of specifying computer hardware configurations and evaluating	71722
technical processing characteristics, computer programming, and	71723
training of computer programmers and operators, provided in	71724
conjunction with and to support the sale, lease, or operation of	71725
taxable computer equipment or systems.	71726

(c) "Electronic information services" means providing access	71727
to computer equipment by means of telecommunications equipment for	71728
the purpose of either of the following:	71729

(i) Examining or acquiring data stored in or accessible to	71730
the computer equipment;	71731

(ii) Placing data into the computer equipment to be retrieved	71732
by designated recipients with access to the computer equipment.	71733

(d) "Automatic data processing, computer services, or	71734
electronic information services" shall not include personal or	71735
professional services.	71736

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	71737
section, "personal and professional services" means all services	71738
other than automatic data processing, computer services, or	71739
electronic information services, including but not limited to:	71740

(a) Accounting and legal services such as advice on tax	71741
matters, asset management, budgetary matters, quality control,	71742
information security, and auditing and any other situation where	71743
the service provider receives data or information and studies,	71744
alters, analyzes, interprets, or adjusts such material;	71745

(b) Analyzing business policies and procedures;

71746

(c) Identifying management information needs;

71747

(d) Feasibility studies, including economic and technical	71748
analysis of existing or potential computer hardware or software	71749
needs and alternatives;	71750

(e) Designing policies, procedures, and custom software for	71751
collecting business information, and determining how data should	71752
be summarized, sequenced, formatted, processed, controlled, and	71753
reported so that it will be meaningful to management;	71754

(f) Developing policies and procedures that document how	71755
business events and transactions are to be authorized, executed,	71756
and controlled;	71757

(g) Testing of business procedures;

71758

(h) Training personnel in business procedure applications;

71759

(i) Providing credit information to users of such information	71760
by a consumer reporting agency, as defined in the "Fair Credit	71761
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	71762
as hereafter amended, including but not limited to gathering,	71763
organizing, analyzing, recording, and furnishing such information	71764
by any oral, written, graphic, or electronic medium;	71765

(j) Providing debt collection services by any oral, written,	71766
graphic, or electronic means.	71767

The services listed in divisions (Y)(2)(a) to (j) of this	71768
section are not automatic data processing or computer services.	71769

(Z) "Highway transportation for hire" means the	71770
transportation of personal property belonging to others for	71771
consideration by any of the following:	71772

(1) The holder of a permit or certificate issued by this	71773
state or the United States authorizing the holder to engage in	71774
transportation of personal property belonging to others for	71775
consideration over or on highways, roadways, streets, or any	71776
similar public thoroughfare;	71777

(2) A person who engages in the transportation of personal	71778
property belonging to others for consideration over or on	71779
highways, roadways, streets, or any similar public thoroughfare	71780
but who could not have engaged in such transportation on December	71781
11, 1985, unless the person was the holder of a permit or	71782
certificate of the types described in division (Z)(1) of this	71783
section;	71784

(3) A person who leases a motor vehicle to and operates it	71785
for a person described by division (Z)(1) or (2) of this section.	71786

(AA) "Telecommunications service" means the transmission of	71787
any interactive, two-way electromagnetic communications, including	71788
voice, image, data, and information, through the use of any medium	71789
such as wires, cables, microwaves, cellular radio, radio waves,	71790
light waves, or any combination of those or similar media.	71791
"Telecommunications service" includes message toll service even	71792
though the vendor provides the message toll service by means of	71793
wide area transmission type service or private communications	71794
service purchased from another telecommunications service	71795
provider, butand other related fees and ancillary services,	71796
including universal service fees, detailed billing service,	71797
directory assistance, service initiation, voice mail service, and	71798
vertical services, such as caller ID and three-way calling.	71799
"Telecommunications service" does not include any of the	71800
following:	71801

(1) Sales of incoming or outgoing wide area transmission	71802
service or wide area transmission type service, including eight	71803
hundred or eight-hundred-type service, but not including local	71804
exchange service as defined in division (A) of section 4927.01 of	71805
the Revised Code, to the person contracting for the receipt of	71806
that service for business use;	71807

(2) Sales of private communications service to the person	71808
contracting for the receipt of that service that entitles the	71809
purchaser to exclusive or priority use of a communications channel	71810
or group of channels between exchanges;. As used in this division,	71811
"private communications service" means a telecommunication service	71812
that entitles the customer to exclusive or priority use of a	71813
communications channel or group of channels between or among	71814
termination points, regardless of the manner in which such channel	71815
or channels are connected, and includes switching capacity,	71816
extension lines, stations, and any other associated services that	71817
are provided in connection with the use of such channel or	71818
channels.	71819

(3) Sales of telecommunications service billed to persons	71820
before January 1, 2004, by telephone companies subject to the	71821
excise tax imposed by Chapter 5727. of the Revised Code;	71822

(4) Sales of telecommunications service to a provider of	71823
telecommunications service or of mobile telecommunications	71824
service, including access services, for use in providing	71825
telecommunications service or mobile telecommunications service;	71826

(5) Value-added nonvoice services in which computer	71827
processing applications are used to act on the form, content,	71828
code, or protocol of the information to be transmitted;	71829

(6) Transmission of interactive video programming by a cable	71830
television system as defined in section 505.90 of the Revised	71831
Code;	71832

(7) After July 31, 2002, mobile telecommunications service.

71833

(BB) "Industrial laundryLaundry and dry cleaning services"	71834
means removing soil or dirt from or supplying towels, linens, or	71835
articles of clothing, or other fabric items that belong to others	71836
and are used in a trade or businesssupplying towels, linens,	71837
articles of clothing, or other fabric items. "Laundry and dry	71838
cleaning services" does not include the provision of self-service	71839
facilities for use by consumers to remove soil or dirt from	71840
towels, linens, articles of clothing, or other fabric items.	71841

(CC) "Magazines distributed as controlled circulation	71842
publications" means magazines containing at least twenty-four	71843
pages, at least twenty-five per cent editorial content, issued at	71844
regular intervals four or more times a year, and circulated	71845
without charge to the recipient, provided that such magazines are	71846
not owned or controlled by individuals or business concerns which	71847
conduct such publications as an auxiliary to, and essentially for	71848
the advancement of the main business or calling of, those who own	71849
or control them.	71850

(DD) "Landscaping and lawn care service" means the services	71851
of planting, seeding, sodding, removing, cutting, trimming,	71852
pruning, mulching, aerating, applying chemicals, watering,	71853
fertilizing, and providing similar services to establish, promote,	71854
or control the growth of trees, shrubs, flowers, grass, ground	71855
cover, and other flora, or otherwise maintaining a lawn or	71856
landscape grown or maintained by the owner for ornamentation or	71857
other nonagricultural purpose. However, "landscaping and lawn care	71858
service" does not include the providing of such services by a	71859
person who has less than five thousand dollars in sales of such	71860
services during the calendar year.	71861

(EE) "Private investigation and security service" means the	71862
performance of any activity for which the provider of such service	71863
is required to be licensed pursuant to Chapter 4749. of the	71864
Revised Code, or would be required to be so licensed in performing	71865
such services in this state, and also includes the services of	71866
conducting polygraph examinations and of monitoring or overseeing	71867
the activities on or in, or the condition of, the consumer's home,	71868
business, or other facility by means of electronic or similar	71869
monitoring devices. "Private investigation and security service"	71870
does not include special duty services provided by off-duty police	71871
officers, deputy sheriffs, and other peace officers regularly	71872
employed by the state or a political subdivision.	71873

(FF) "Information services" means providing conversation,	71874
giving consultation or advice, playing or making a voice or other	71875
recording, making or keeping a record of the number of callers,	71876
and any other service provided to a consumer by means of a nine	71877
hundred telephone call, except when the nine hundred telephone	71878
call is the means by which the consumer makes a contribution to a	71879
recognized charity.	71880

(GG) "Research and development" means designing, creating, or	71881
formulating new or enhanced products, equipment, or manufacturing	71882
processes, and also means conducting scientific or technological	71883
inquiry and experimentation in the physical sciences with the goal	71884
of increasing scientific knowledge which may reveal the bases for	71885
new or enhanced products, equipment, or manufacturing processes.	71886

(HH) "Qualified research and development equipment" means	71887
capitalized tangible personal property, and leased personal	71888
property that would be capitalized if purchased, used by a person	71889
primarily to perform research and development. Tangible personal	71890
property primarily used in testing, as defined in division (A)(4)	71891
of section 5739.011 of the Revised Code, or used for recording or	71892
storing test results, is not qualified research and development	71893
equipment unless such property is primarily used by the consumer	71894
in testing the product, equipment, or manufacturing process being	71895
created, designed, or formulated by the consumer in the research	71896
and development activity or in recording or storing such test	71897
results.	71898

(II) "Building maintenance and janitorial service" means	71899
cleaning the interior or exterior of a building and any tangible	71900
personal property located therein or thereon, including any	71901
services incidental to such cleaning for which no separate charge	71902
is made. However, "building maintenance and janitorial service"	71903
does not include the providing of such service by a person who has	71904
less than five thousand dollars in sales of such service during	71905
the calendar year.	71906

(JJ) "Employment service" means providing or supplying	71907
personnel, on a temporary or long-term basis, to perform work or	71908
labor under the supervision or control of another, when the	71909
personnel so supplied receive their wages, salary, or other	71910
compensation from the provider of the service. "Employment	71911
service" does not include:	71912

(1) Acting as a contractor or subcontractor, where the	71913
personnel performing the work are not under the direct control of	71914
the purchaser.	71915

(2) Medical and health care services.

71916

(3) Supplying personnel to a purchaser pursuant to a contract	71917
of at least one year between the service provider and the	71918
purchaser that specifies that each employee covered under the	71919
contract is assigned to the purchaser on a permanent basis.	71920

(4) Transactions between members of an affiliated group, as	71921
defined in division (B)(3)(e) of this section.	71922

(KK) "Employment placement service" means locating or finding	71923
employment for a person or finding or locating an employee to fill	71924
an available position.	71925

(LL) "Exterminating service" means eradicating or attempting	71926
to eradicate vermin infestations from a building or structure, or	71927
the area surrounding a building or structure, and includes	71928
activities to inspect, detect, or prevent vermin infestation of a	71929
building or structure.	71930

(MM) "Physical fitness facility service" means all	71931
transactions by which a membership is granted, maintained, or	71932
renewed, including initiation fees, membership dues, renewal fees,	71933
monthly minimum fees, and other similar fees and dues, by a	71934
physical fitness facility such as an athletic club, health spa, or	71935
gymnasium, which entitles the member to use the facility for	71936
physical exercise.	71937

(NN) "Recreation and sports club service" means all	71938
transactions by which a membership is granted, maintained, or	71939
renewed, including initiation fees, membership dues, renewal fees,	71940
monthly minimum fees, and other similar fees and dues, by a	71941
recreation and sports club, which entitles the member to use the	71942
facilities of the organization. "Recreation and sports club" means	71943
an organization that has ownership of, or controls or leases on a	71944
continuing, long-term basis, the facilities used by its members	71945
and includes an aviation club, gun or shooting club, yacht club,	71946
card club, swimming club, tennis club, golf club, country club,	71947
riding club, amateur sports club, or similar organization.	71948

(OO) "Livestock" means farm animals commonly raised for food	71949
or food production, and includes but is not limited to cattle,	71950
sheep, goats, swine, and poultry. "Livestock" does not include	71951
invertebrates, fish, amphibians, reptiles, horses, domestic pets,	71952
animals for use in laboratories or for exhibition, or other	71953
animals not commonly raised for food or food production.	71954

(PP) "Livestock structure" means a building or structure used	71955
exclusively for the housing, raising, feeding, or sheltering of	71956
livestock, and includes feed storage or handling structures and	71957
structures for livestock waste handling.	71958

(QQ) "Horticulture" means the growing, cultivation, and	71959
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	71960
and nursery stock. As used in this division, "nursery stock" has	71961
the same meaning as in section 927.51 of the Revised Code.	71962

(RR) "Horticulture structure" means a building or structure	71963
used exclusively for the commercial growing, raising, or	71964
overwintering of horticultural products, and includes the area	71965
used for stocking, storing, and packing horticultural products	71966
when done in conjunction with the production of those products.	71967

(SS) "Newspaper" means an unbound publication bearing a title	71968
or name that is regularly published, at least as frequently as	71969
biweekly, and distributed from a fixed place of business to the	71970
public in a specific geographic area, and that contains a	71971
substantial amount of news matter of international, national, or	71972
local events of interest to the general public.	71973

(TT) "Professional racing team" means a person that employs	71974
at least twenty full-time employees for the purpose of conducting	71975
a motor vehicle racing business for profit. The person must	71976
conduct the business with the purpose of racing one or more motor	71977
racing vehicles in at least ten competitive professional racing	71978
events each year that comprise all or part of a motor racing	71979
series sanctioned by one or more motor racing sanctioning	71980
organizations. A "motor racing vehicle" means a vehicle for which	71981
the chassis, engine, and parts are designed exclusively for motor	71982
racing, and does not include a stock or production model vehicle	71983
that may be modified for use in racing. For the purposes of this	71984
division:	71985

(1) A "competitive professional racing event" is a motor	71986
vehicle racing event sanctioned by one or more motor racing	71987
sanctioning organizations, at which aggregate cash prizes in	71988
excess of eight hundred thousand dollars are awarded to the	71989
competitors.	71990

(2) "Full-time employee" means an individual who is employed	71991
for consideration for thirty-five or more hours a week, or who	71992
renders any other standard of service generally accepted by custom	71993
or specified by contract as full-time employment.	71994

(UU)(1) "Prepaid authorization number" means a numeric or	71995
alphanumeric combination that represents a prepaid account that	71996
can be used by the account holder solely to obtain	71997
telecommunications service, and includes any renewals or increases	71998
in the prepaid account.	71999

(2) "Prepaid telephone calling card" means a tangible item	72000
that contains a prepaid authorization number that can be used	72001
solely to obtain telecommunications service, and includes any	72002
renewals or increases in the prepaid account.	72003

(VV) "Lease" or "rental" means any transfer for a	72004
consideration of the possession or control of and right to use,	72005
but not title to, tangible personal property for a fixed period of	72006
time greater than thirty days or for an open-ended period of time	72007
with a minimum fixed period of more than thirty daysor indefinite	72008
term, for consideration. "Lease" or "rental" includes future	72009
options to purchase or extend, and agreements described in 26	72010
U.S.C. 7701(h)(1) covering motor vehicles and trailers where the	72011
amount of consideration may be increased or decreased by reference	72012
to the amount realized upon the sale or disposition of the	72013
property. "Lease" or "rental" does not include:	72014

(a) A transfer of possession or control of tangible personal	72015
property under a security agreement or a deferred payment plan	72016
that requires the transfer of title upon completion of the	72017
required payments;	72018

(b) A transfer of possession or control of tangible personal	72019
property under an agreement that requires the transfer of title	72020
upon completion of required payments and payment of an option	72021
price that does not exceed the greater of one hundred dollars or	72022
one per cent of the total required payments;	72023

(c) Providing tangible personal property along with an	72024
operator for a fixed or indefinite period of time, if the operator	72025
is necessary for the property to perform as designed. For purposes	72026
of this division, the operator must do more than maintain,	72027
inspect, or set-up the tangible personal property.	72028

(2) "Lease" and "rental," as defined in division (UU) of this	72029
section, shall not apply to leases or rentals that exist before	72030
the effective date of this amendment.	72031

(3) "Lease" and "rental" have the same meaning as in division	72032
(UU)(1) of this section regardless of whether a transaction is	72033
characterized as a lease or rental under generally accepted	72034
accounting principles, the Internal Revenue Code, Title XIII of	72035
the Revised Code, or other federal, state, or local laws.	72036

(WW)(VV) "Mobile telecommunications service" has the same	72037
meaning as in the "Mobile Telecommunications Sourcing Act," Pub.	72038
L. No. 106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as	72039
amended, and includes related fees and ancillary services,	72040
including universal service fees, detailed billing service,	72041
directory assistance, service initiation, voice mail service, and	72042
vertical services, such as caller ID and three-way calling.	72043

(XX)(WW) "Certified service provider" has the same meaning as	72044
in section 5740.01 of the Revised Code.	72045

(XX) "Satellite broadcasting service" means the distribution	72046
or broadcasting of programming or services by satellite directly	72047
to the subscriber's premises without the use of ground receiving	72048
or distribution equipment, except at the subscriber's premises or	72049
in the uplink process to the satellite, and includes all service	72050
and rental charges, premium channels or other special services,	72051
installation and repair service charges, and any other charges	72052
having any connection with the provision of the satellite	72053
broadcasting service.	72054

(YY) "Tangible personal property" means personal property	72055
that can be seen, weighed, measured, felt, or touched, or that is	72056
in any other manner perceptible to the senses. For purposes of	72057
this chapter and Chapter 5741. of the Revised Code, "tangible	72058
personal property" includes motor vehicles, electricity, water,	72059
gas, steam, and prewritten computer software.	72060

(ZZ) "Direct mail" means printed material delivered or	72061
distributed by United States mail or other delivery service to a	72062
mass audience or to addressees on a mailing list provided by the	72063
consumer or at the direction of the consumer when the cost of the	72064
items are not billed directly to the recipients. "Direct mail"	72065
includes tangible personal property supplied directly or	72066
indirectly by the consumer to the direct mail vendor for inclusion	72067
in the package containing the printed material. "Direct mail" does	72068
not include multiple items of printed material delivered to a	72069
single address.	72070

(AAA) "Computer" means an electronic device that accepts	72071
information in digital or similar form and manipulates it for a	72072
result based on a sequence of instructions.	72073

(BBB) "Computer software" means a set of coded instructions	72074
designed to cause a computer or automatic data processing	72075
equipment to perform a task.	72076

(CCC) "Delivered electronically" means delivery of computer	72077
software from the seller to the purchaser by means other than	72078
tangible storage media.	72079

(DDD) "Prewritten computer software" means computer software,	72080
including prewritten upgrades, that is not designed and developed	72081
by the author or other creator to the specifications of a specific	72082
purchaser. The combining of two or more prewritten computer	72083
software programs or prewritten portions thereof does not cause	72084
the combination to be other than prewritten computer software.	72085
"Prewritten computer software" includes software designed and	72086
developed by the author or other creator to the specifications of	72087
a specific purchaser when it is sold to a person other than the	72088
purchaser. If a person modifies or enhances computer software of	72089
which the person is not the author or creator, the person shall be	72090
deemed to be the author or creator only of such person's	72091
modifications or enhancements. Prewritten computer software or a	72092
prewritten portion thereof that is modified or enhanced to any	72093
degree, where such modification or enhancement is designed and	72094
developed to the specifications of a specific purchaser, remains	72095
prewritten computer software; provided, however, that where there	72096
is a reasonable, separately stated charge or an invoice or other	72097
statement of the price given to the purchaser for the modification	72098
or enhancement, the modification or enhancement shall not	72099
constitute prewritten computer software.	72100

(EEE)(1) Prior to July 1, 2004, "food" means cereals and	72101
cereal products, milk and milk products including ice cream, meat	72102
and meat products, fish and fish products, eggs and egg products,	72103
vegetables and vegetable products, fruits, fruit products, and	72104
pure fruit juices, condiments, sugar and sugar products, coffee	72105
and coffee substitutes, tea, and cocoa and cocoa products. "Food"	72106
does not include spirituous liquors, wine, mixed beverages, or	72107
beer; soft drinks; sodas and beverages that are ordinarily	72108
dispensed at or in connection with bars and soda fountains, other	72109
than coffee, tea, and cocoa; root beer and root beer extracts;	72110
malt and malt extracts; mineral oils, cod liver oils, and halibut	72111
liver oil; medicines, including tonics, vitamin preparations, and	72112
other products sold primarily for their medicinal properties; and	72113
water, including mineral, bottled, and carbonated waters, and ice.	72114

(2) On and after July 1, 2004, "food" means substances,	72115
whether in liquid, concentrated, solid, frozen, dried, or	72116
dehydrated form, that are sold for ingestion or chewing by humans	72117
and are consumed for their taste or nutritional value. "Food" does	72118
not include alcoholic beverages, dietary supplements, soft drinks,	72119
or tobacco.	72120

(3) As used in division (EEE)(2) of this section:

72121

(a) "Alcoholic beverages" means beverages that are suitable	72122
for human consumption and contain one-half of one per cent or more	72123
of alcohol by volume.	72124

(b) "Dietary supplements" means any product, other than	72125
tobacco, that is intended to supplement the diet and that is	72126
intended for ingestion in tablet, capsule, powder, softgel,	72127
gelcap, or liquid form, or, if not intended for ingestion in such	72128
a form, is not represented as conventional food for use as a sole	72129
item of a meal or of the diet; that is required to be labeled as a	72130
dietary supplement, identifiable by the "supplement facts" box	72131
found on the label, as required by 21 C.F.R. 101.36; and that	72132
contains one or more of the following dietary ingredients:	72133

(i) A vitamin;

72134

(ii) A mineral;

72135

(iii) An herb or other botanical;

72136

(iv) An amino acid;

72137

(v) A dietary substance for use by humans to supplement the	72138
diet by increasing the total dietary intake;	72139

(vi) A concentrate, metabolite, constituent, extract, or	72140
combination of any ingredient described in divisions	72141
(EEE)(3)(b)(i) to (v) of this section.	72142

(c) "Soft drinks" means nonalcoholic beverages that contain	72143
natural or artificial sweeteners. "Soft drinks" does not include	72144
beverages that contain milk or milk products, soy, rice, or	72145
similar milk substitutes, or that contains greater than fifty per	72146
cent vegetable or fruit juice by volume.	72147

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	72148
tobacco, or any other item that contains tobacco.	72149

(FFF) "Drug" means a compound, substance, or preparation, and	72150
any component of a compound, substance, or preparation, other than	72151
food, dietary supplements, or alcoholic beverages that is	72152
recognized in the official United States pharmacopoeia, official	72153
homeopathic pharmacopoeia of the United States, or official	72154
national formulary, and supplements to them; is intended for use	72155
in the diagnosis, cure, mitigation, treatment, or prevention of	72156
disease; or is intended to affect the structure or any function of	72157
the body.	72158

(GGG) "Prescription" means an order, formula, or recipe	72159
issued in any form of oral, written, electronic, or other means of	72160
transmission by a duly licensed practitioner authorized by the	72161
laws of this state to issue a prescription.	72162

(HHH) "Durable medical equipment" means equipment, including	72163
repair and replacement parts for such equipment, that can	72164
withstand repeated use, is primarily and customarily used to serve	72165
a medical purpose, generally is not useful to a person in the	72166
absence of illness or injury, and is not worn in or on the body.	72167

(III) "Mobility enhancing equipment" means equipment,	72168
including repair and replacement parts for such equipment, that is	72169
primarily and customarily used to provide or increase the ability	72170
to move from one place to another and is appropriate for use	72171
either in a home or a motor vehicle, that is not generally used by	72172
persons with normal mobility, and that does not include any motor	72173
vehicle or equipment on a motor vehicle normally provided by a	72174
motor vehicle manufacturer.	72175

(JJJ) "Prosthetic device" means a replacement, corrective, or	72176
supportive device, including repair and replacement parts for the	72177
device, worn on or in the human body to artificially replace a	72178
missing portion of the body, prevent or correct physical deformity	72179
or malfunction, or support a weak or deformed portion of the body.	72180
As used in this division, "prosthetic device" does not include	72181
corrective eyeglasses, contact lenses, or dental prosthesis.	72182

(KKK)(1) "Fractional aircraft ownership program" means a	72183
program in which persons within an affiliated group sell and	72184
manage fractional ownership program aircraft, provided that at	72185
least three hundred airworthy aircraft are operated in the program	72186
and the program meets all of the following criteria:	72187

(a) Management services are provided by at least one program	72188
manager within an affiliated group on behalf of the fractional	72189
owners.	72190

(b) Each program aircraft is owned or possessed by at least	72191
one fractional owner.	72192

(c) Each fractional owner owns or possesses at least a	72193
one-sixteenth interest in at least one fixed-wing program	72194
aircraft.	72195

(d) A dry-lease aircraft interchange arrangement is in effect	72196
among all of the fractional owners.	72197

(e) Multi-year program agreements are in effect regarding the	72198
fractional ownership, management services, and dry-lease aircraft	72199
interchange arrangement aspects of the program.	72200

(2) As used in division (KKK)(1) of this section:

72201

(a) "Affiliated group" has the same meaning as in division	72202
(B)(3)(e) of this section.	72203

(b) "Fractional owner" means a person that owns or possesses	72204
at least a one-sixteenth interest in a program aircraft and has	72205
entered into the agreements described in division (KKK)(1)(e) of	72206
this section.	72207

(c) "Fractional ownership program aircraft" or "program	72208
aircraft" means a turbojet aircraft that is owned or possessed by	72209
a fractional owner and that has been included in a dry-lease	72210
aircraft interchange arrangement and agreement under divisions	72211
(KKK)(1)(d) and (e) of this section, or an aircraft a program	72212
manager owns or possesses primarily for use in a fractional	72213
aircraft ownership program.	72214

(d) "Management services" means administrative and aviation	72215
support services furnished under a fractional aircraft ownership	72216
program in accordance with a management services agreement under	72217
division (KKK)(1)(e) of this section, and offered by the program	72218
manager to the fractional owners, including, at a minimum, the	72219
establishment and implementation of safety guidelines; the	72220
coordination of the scheduling of the program aircraft and crews;	72221
program aircraft maintenance; program aircraft insurance; crew	72222
training for crews employed, furnished, or contracted by the	72223
program manager or the fractional owner; the satisfaction of	72224
record-keeping requirements; and the development and use of an	72225
operations manual and a maintenance manual for the fractional	72226
aircraft ownership program.	72227

(e) "Program manager" means the person that offers management	72228
services to fractional owners pursuant to a management services	72229
agreement under division (KKK)(1)(e) of this section.	72230

Sec. 5739.011.  (A) As used in this section:

72231

(1) "Manufacturer" means a person who is engaged in	72232
manufacturing, processing, assembling, or refining a product for	72233
sale.	72234

(2) "Manufacturing facility" means a single location where a	72235
manufacturing operation is conducted, including locations	72236
consisting of one or more buildings or structures in a contiguous	72237
area owned or controlled by the manufacturer.	72238

(3) "Materials handling" means the movement of the product	72239
being or to be manufactured, during which movement the product is	72240
not undergoing any substantial change or alteration in its state	72241
or form.	72242

(4) "Testing" means a process or procedure to identify the	72243
properties or assure the quality of a material or product.	72244

(5) "Completed product" means a manufactured item that is in	72245
the form and condition as it will be sold by the manufacturer. An	72246
item is completed when all processes that change or alter its	72247
state or form or enhance its value are finished, even though the	72248
item subsequently will be tested to ensure its quality or be	72249
packaged for storage or shipment.	72250

(6) "Continuous manufacturing operation" means the process in	72251
which raw materials or components are moved through the steps	72252
whereby manufacturing occurs. Materials handling of raw materials	72253
or parts from the point of receipt or preproduction storage or of	72254
a completed product, to or from storage, to or from packaging, or	72255
to the place from which the completed product will be shipped, is	72256
not a part of a continuous manufacturing operation.	72257

(B) For purposes of division (E)(9)(B)(43)(g) of section	72258
5739.015739.02 of the Revised Code, the "thing transferred"	72259
includes, but is not limited to, any of the following:	72260

(1) Production machinery and equipment that act upon the	72261
product or machinery and equipment that treat the materials or	72262
parts in preparation for the manufacturing operation;	72263

(2) Materials handling equipment that moves the product	72264
through a continuous manufacturing operation; equipment that	72265
temporarily stores the product during the manufacturing operation;	72266
or, excluding motor vehicles licensed to operate on public	72267
highways, equipment used in intraplant or interplant transfers of	72268
work in process where the plant or plants between which such	72269
transfers occur are manufacturing facilities operated by the same	72270
person;	72271

(3) Catalysts, solvents, water, acids, oil, and similar	72272
consumables that interact with the product and that are an	72273
integral part of the manufacturing operation;	72274

(4) Machinery, equipment, and other tangible personal	72275
property used during the manufacturing operation that control,	72276
physically support, produce power for, lubricate, or are otherwise	72277
necessary for the functioning of production machinery and	72278
equipment and the continuation of the manufacturing operation;	72279

(5) Machinery, equipment, fuel, power, material, parts, and	72280
other tangible personal property used to manufacture machinery,	72281
equipment, or other tangible personal property used in	72282
manufacturing a product for sale;	72283

(6) Machinery, equipment, and other tangible personal	72284
property used by a manufacturer to test raw materials, the product	72285
being manufactured, or the completed product;	72286

(7) Machinery and equipment used to handle or temporarily	72287
store scrap that is intended to be reused in the manufacturing	72288
operation at the same manufacturing facility;	72289

(8) Coke, gas, water, steam, and similar substances used in	72290
the manufacturing operation; machinery and equipment used for, and	72291
fuel consumed in, producing or extracting those substances;	72292
machinery, equipment, and other tangible personal property used to	72293
treat, filter, pump, or otherwise make the substance suitable for	72294
use in the manufacturing operation; and machinery and equipment	72295
used for, and fuel consumed in, producing electricity for use in	72296
the manufacturing operation;	72297

(9) Machinery, equipment, and other tangible personal	72298
property used to transport or transmit electricity, coke, gas,	72299
water, steam, or similar substances used in the manufacturing	72300
operation from the point of generation, if produced by the	72301
manufacturer, or from the point where the substance enters the	72302
manufacturing facility, if purchased by the manufacturer, to the	72303
manufacturing operation;	72304

(10) Machinery, equipment, and other tangible personal	72305
property that treats, filters, cools, refines, or otherwise	72306
renders water, steam, acid, oil, solvents, or similar substances	72307
used in the manufacturing operation reusable, provided that the	72308
substances are intended for reuse and not for disposal, sale, or	72309
transportation from the manufacturing facility;	72310

(11) Parts, components, and repair and installation services	72311
for items described in division (B) of this section.	72312

(C) For purposes of division (E)(9)(B)(43)(g) of section	72313
5739.015739.02 of the Revised Code, the "thing transferred" does	72314
not include any of the following:	72315

(1) Tangible personal property used in administrative,	72316
personnel, security, inventory control, record-keeping, ordering,	72317
billing, or similar functions;	72318

(2) Tangible personal property used in storing raw materials	72319
or parts prior to the commencement of the manufacturing operation	72320
or used to handle or store a completed product, including storage	72321
that actively maintains a completed product in a marketable state	72322
or form;	72323

(3) Tangible personal property used to handle or store scrap	72324
or waste intended for disposal, sale, or other disposition, other	72325
than reuse in the manufacturing operation at the same	72326
manufacturing facility;	72327

(4) Tangible personal property that is or is to be	72328
incorporated into realty;	72329

(5) Machinery, equipment, and other tangible personal	72330
property used for ventilation, dust or gas collection, humidity or	72331
temperature regulation, or similar environmental control, except	72332
machinery, equipment, and other tangible personal property that	72333
totally regulates the environment in a special and limited area of	72334
the manufacturing facility where the regulation is essential for	72335
production to occur;	72336

(6) Tangible personal property used for the protection and	72337
safety of workers, unless the property is attached to or	72338
incorporated into machinery and equipment used in a continuous	72339
manufacturing operation;	72340

(7) Tangible personal property used to store fuel, water,	72341
solvents, acid, oil, or similar items consumed in the	72342
manufacturing operation;	72343

(8) Machinery, equipment, and other tangible personal	72344
property used to clean, repair, or maintain real or personal	72345
property in the manufacturing facility;	72346

(9) Motor vehicles registered for operation on public	72347
highways.	72348

(D) For purposes of division (E)(9)(B)(43)(g) of section	72349
5739.015739.02 of the Revised Code, if the "thing transferred" is	72350
a machine used by a manufacturer in both a taxable and an exempt	72351
manner, it shall be totally taxable or totally exempt from	72352
taxation based upon its quantified primary use. If the "things	72353
transferred" are fungibles, they shall be taxed based upon the	72354
proportion of the fungibles used in a taxable manner.	72355

Sec. 5739.012.  (A) As used in this section:

72356

(1) "Sham transaction" means a transaction or series of	72357
transactions without economic substance because there is no	72358
business purpose or expectation of profit other than obtaining tax	72359
benefits.	72360

(2) "Tax" includes only those taxes levied by or pursuant to	72361
Chapter 5739. of the Revised Code that are required to be	72362
calculated and collected as prescribed by division (H)(4)(A)(2) of	72363
section 5739.015739.02 of the Revised Code.	72364

(3) "Taxpayer" includes any person required to pay or to	72365
collect and remit tax.	72366

(B)(1) The tax commissioner may disregard any sham	72367
transaction and ascertain a taxpayer's liability for tax without	72368
the sham transaction.	72369

(2) A lease with a renewal clause and a termination penalty	72370
or similar provision that applies if the renewal clause is not	72371
exercised is presumed to be a sham transaction. In such a case,	72372
the tax shall be calculated and paid on the basis of the entire	72373
length of the lease period, including any renewal periods, until	72374
the termination penalty or similar provision no longer applies.	72375
The taxpayer shall bear the burden of establishing, by a	72376
preponderance of the evidence, that the transaction or series of	72377
transactions is not a sham transaction.	72378

(C) The tax commissioner may prescribe rules to administer	72379
this section.	72380

Sec. 5739.02.  For the purpose of providing revenue with	72381
which to meet the needs of the state, for the use of the general	72382
revenue fund of the state, for the purpose of securing a thorough	72383
and efficient system of common schools throughout the state, for	72384
the purpose of affording revenues, in addition to those from	72385
general property taxes, permitted under constitutional	72386
limitations, and from other sources, for the support of local	72387
governmental functions, and for the purpose of reimbursing the	72388
state for the expense of administering this chapter, an excise tax	72389
is hereby levied on each retail sale made in this state.	72390

(A)(1) The tax shall be collected pursuant to the schedules	72391
as provided in section 5739.025 of the Revised Code, provided that	72392
on and after July 1, 2003, and on or before June 30, 2005, the	72393
rate of tax shall be six per cent. On and after July 1, 2005, the	72394
rate of the tax shall be five per cent. The	72395

The tax applies and is collectible when the sale is made,	72396
regardless of the time when the price is paid or delivered.	72397

In(2) In the case of the lease or rental, with a fixed term	72398
of more than thirty days or an indefinite term with a minimum	72399
period of more than thirty days, of any motor vehicles designed by	72400
the manufacturer to carry a load of not more than one ton,	72401
watercraft, outboard motor, or aircraft, or of any tangible	72402
personal property, other than motor vehicles designed by the	72403
manufacturer to carry a load of more than one ton, to be used by	72404
the lessee or renter primarily for business purposes, the tax	72405
shall be collected by the vendor at the time the lease or rental	72406
is consummated and shall be calculated by the vendor on the basis	72407
of the total amount to be paid by the lessee or renter under the	72408
lease agreement. If the total amount of the consideration for the	72409
lease or rental includes amounts that are not calculated at the	72410
time the lease or rental is executed, the tax shall be calculated	72411
and collected by the vendor at the time such amounts are billed to	72412
the lessee or renter. In the case of an open-end lease or rental,	72413
the tax shall be calculated by the vendor on the basis of the	72414
total amount to be paid during the initial fixed term of the lease	72415
or rental, and for each subsequent renewal period as it comes due.	72416
As used in this division, "motor vehicle" has the same meaning as	72417
in section 4501.01 of the Revised Code, and "watercraft" includes	72418
an outdrive unit attached to the watercraft.	72419

(3) Except as provided in division (A)(2) of this section, in	72420
the case of a sale, the price of which consists in whole or in	72421
part of rentals for the use of the thing transferredthe lease or	72422
rental of tangible personal property, the tax, as regards those	72423
rentals, shall be measured by the installments of those rentals	72424
that lease or rental.	72425

(4) In the case of a sale of a physical fitness facility	72426
service or recreation and sports club service defined under	72427
division (MM) or (NN) of section 5739.01 of the Revised Code, the	72428
price of which consists in whole or in part of a membership for	72429
the receipt of the benefit of the service, the tax applicable to	72430
the sale shall be measured by the installments thereof.	72431

(B) The tax does not apply to the following:

72432

(1) Sales to the state or any of its political subdivisions,	72433
or to any other state or its political subdivisions if the laws of	72434
that state exempt from taxation sales made to this state and its	72435
political subdivisions;	72436

(2) Sales of food for human consumption off the premises	72437
where sold;	72438

(3) Sales of food sold to students only in a cafeteria,	72439
dormitory, fraternity, or sorority maintained in a private,	72440
public, or parochial school, college, or university;	72441

(4) Sales of newspapers and of magazine subscriptions and	72442
sales or transfers of magazines distributed as controlled	72443
circulation publications;	72444

(5) The furnishing, preparing, or serving of meals without	72445
charge by an employer to an employee provided the employer records	72446
the meals as part compensation for services performed or work	72447
done;	72448

(6) Sales of motor fuel upon receipt, use, distribution, or	72449
sale of which in this state a tax is imposed by the law of this	72450
state, but this exemption shall not apply to the sale of motor	72451
fuel on which a refund of the tax is allowable under division (A)	72452
of section 5735.14 of the Revised Code; and the tax commissioner	72453
may deduct the amount of tax levied by this section applicable to	72454
the price of motor fuel when granting a refund of motor fuel tax	72455
pursuant to division (A) of section 5735.14 of the Revised Code	72456
and shall cause the amount deducted to be paid into the general	72457
revenue fund of this state;	72458

(7) Sales of natural gas by a natural gas company, of water	72459
by a water-works company, or of steam by a heating company, if in	72460
each case the thing sold is delivered to consumers through pipes	72461
or conduits, and all sales of communications services by a	72462
telephone or telegraph company, all terms as defined in section	72463
5727.01 of the Revised Code, and sales of electricity delivered	72464
through wires;	72465

(8) Casual sales by a person, or auctioneer employed directly	72466
by the person to conduct such sales, except as to such sales of	72467
motor vehicles, watercraft or outboard motors required to be	72468
titled under section 1548.06 of the Revised Code, watercraft	72469
documented with the United States coast guard, snowmobiles, and	72470
all-purpose vehicles as defined in section 4519.01 of the Revised	72471
Code;	72472

(9) Sales of services or tangible personal property, other	72473
than motor vehicles, mobile homes, and manufactured homes, by	72474
churches, organizations exempt from taxation under section	72475
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	72476
organizations operated exclusively for charitable purposes as	72477
defined in division (B)(12) of this section, provided that the	72478
number of days on which such tangible personal property or	72479
services, other than items never subject to the tax, are sold does	72480
not exceed six in any calendar year. If the number of days on	72481
which such sales are made exceeds six in any calendar year, the	72482
church or organization shall be considered to be engaged in	72483
business and all subsequent sales by it shall be subject to the	72484
tax. In counting the number of days, all sales by groups within a	72485
church or within an organization shall be considered to be sales	72486
of that church or organization, except that sales made by separate	72487
student clubs and other groups of students of a primary or	72488
secondary school, and sales made by a parent-teacher association,	72489
booster group, or similar organization that raises money to	72490
support or fund curricular or extracurricular activities of a	72491
primary or secondary school, shall not be considered to be sales	72492
of such school, and sales by each such club, group, association,	72493
or organization shall be counted separately for purposes of the	72494
six-day limitation. This division does not apply to sales by a	72495
noncommercial educational radio or television broadcasting	72496
station.	72497

(10) Sales not within the taxing power of this state under	72498
the Constitution of the United States;	72499

(11) TheExcept for transactions that are sales under	72500
division (B)(3)(s) of section 5739.01 of the Revised Code, the	72501
transportation of persons or property, unless the transportation	72502
is by a private investigation and security service;	72503

(12) Sales of tangible personal property or services to	72504
churches, to organizations exempt from taxation under section	72505
501(c)(3) of the Internal Revenue Code of 1986, and to any other	72506
nonprofit organizations operated exclusively for charitable	72507
purposes in this state, no part of the net income of which inures	72508
to the benefit of any private shareholder or individual, and no	72509
substantial part of the activities of which consists of carrying	72510
on propaganda or otherwise attempting to influence legislation;	72511
sales to offices administering one or more homes for the aged or	72512
one or more hospital facilities exempt under section 140.08 of the	72513
Revised Code; and sales to organizations described in division (D)	72514
of section 5709.12 of the Revised Code.	72515

"Charitable purposes" means the relief of poverty; the	72516
improvement of health through the alleviation of illness, disease,	72517
or injury; the operation of an organization exclusively for the	72518
provision of professional, laundry, printing, and purchasing	72519
services to hospitals or charitable institutions; the operation of	72520
a home for the aged, as defined in section 5701.13 of the Revised	72521
Code; the operation of a radio or television broadcasting station	72522
that is licensed by the federal communications commission as a	72523
noncommercial educational radio or television station; the	72524
operation of a nonprofit animal adoption service or a county	72525
humane society; the promotion of education by an institution of	72526
learning that maintains a faculty of qualified instructors,	72527
teaches regular continuous courses of study, and confers a	72528
recognized diploma upon completion of a specific curriculum; the	72529
operation of a parent-teacher association, booster group, or	72530
similar organization primarily engaged in the promotion and	72531
support of the curricular or extracurricular activities of a	72532
primary or secondary school; the operation of a community or area	72533
center in which presentations in music, dramatics, the arts, and	72534
related fields are made in order to foster public interest and	72535
education therein; the production of performances in music,	72536
dramatics, and the arts; or the promotion of education by an	72537
organization engaged in carrying on research in, or the	72538
dissemination of, scientific and technological knowledge and	72539
information primarily for the public.	72540

Nothing in this division shall be deemed to exempt sales to	72541
any organization for use in the operation or carrying on of a	72542
trade or business, or sales to a home for the aged for use in the	72543
operation of independent living facilities as defined in division	72544
(A) of section 5709.12 of the Revised Code.	72545

(13) Building and construction materials and services sold to	72546
construction contractors for incorporation into a structure or	72547
improvement to real property under a construction contract with	72548
this state or a political subdivision of this state, or with the	72549
United States government or any of its agencies; building and	72550
construction materials and services sold to construction	72551
contractors for incorporation into a structure or improvement to	72552
real property that are accepted for ownership by this state or any	72553
of its political subdivisions, or by the United States government	72554
or any of its agencies at the time of completion of the structures	72555
or improvements; building and construction materials sold to	72556
construction contractors for incorporation into a horticulture	72557
structure or livestock structure for a person engaged in the	72558
business of horticulture or producing livestock; building	72559
materials and services sold to a construction contractor for	72560
incorporation into a house of public worship or religious	72561
education, or a building used exclusively for charitable purposes	72562
under a construction contract with an organization whose purpose	72563
is as described in division (B)(12) of this section; building	72564
materials and services sold to a construction contractor for	72565
incorporation into a building under a construction contract with	72566
an organization exempt from taxation under section 501(c)(3) of	72567
the Internal Revenue Code of 1986 when the building is to be used	72568
exclusively for the organization's exempt purposes; building and	72569
construction materials sold for incorporation into the original	72570
construction of a sports facility under section 307.696 of the	72571
Revised Code; and building and construction materials and services	72572
sold to a construction contractor for incorporation into real	72573
property outside this state if such materials and services, when	72574
sold to a construction contractor in the state in which the real	72575
property is located for incorporation into real property in that	72576
state, would be exempt from a tax on sales levied by that state;	72577

(14) Sales of ships or vessels or rail rolling stock used or	72578
to be used principally in interstate or foreign commerce, and	72579
repairs, alterations, fuel, and lubricants for such ships or	72580
vessels or rail rolling stock;	72581

(15) Sales to persons engaged in any of the activities	72582
mentioned in division (E)(2)(B)(43)(a) or (9)(g) of this section	72583
5739.01 of the Revised Code, to persons engaged in making retail	72584
sales, or to persons who purchase for sale from a manufacturer	72585
tangible personal property that was produced by the manufacturer	72586
in accordance with specific designs provided by the purchaser, of	72587
packages, including material, labels, and parts for packages, and	72588
of machinery, equipment, and material for use primarily in	72589
packaging tangible personal property produced for sale, including	72590
any machinery, equipment, and supplies used to make labels or	72591
packages, to prepare packages or products for labeling, or to	72592
label packages or products, by or on the order of the person doing	72593
the packaging, or sold at retail. "Packages" includes bags,	72594
baskets, cartons, crates, boxes, cans, bottles, bindings,	72595
wrappings, and other similar devices and containers, and	72596
"packaging" means placing therein.	72597

(16) Sales of food to persons using food stamp benefits to	72598
purchase the food. As used in this division (B)(16) of this	72599
section, "food" has the same meaning as in the "Food Stamp Act of	72600
1977," 91 Stat. 958, 7 U.S.C. 2012, as amended, and federal	72601
regulations adopted pursuant to that act.	72602

(17) Sales to persons engaged in farming, agriculture,	72603
horticulture, or floriculture, of tangible personal property for	72604
use or consumption directly in the production by farming,	72605
agriculture, horticulture, or floriculture of other tangible	72606
personal property for use or consumption directly in the	72607
production of tangible personal property for sale by farming,	72608
agriculture, horticulture, or floriculture; or material and parts	72609
for incorporation into any such tangible personal property for use	72610
or consumption in production; and of tangible personal property	72611
for such use or consumption in the conditioning or holding of	72612
products produced by and for such use, consumption, or sale by	72613
persons engaged in farming, agriculture, horticulture, or	72614
floriculture, except where such property is incorporated into real	72615
property;	72616

(18) Sales of drugs for a human being, dispensed by a	72617
licensed pharmacist upon the order of a licensed health	72618
professional authorized to prescribe drugs to a human being, as	72619
the term "licensed health professional authorized to prescribe	72620
drugs" is defined in section 4729.01 of the Revised Codepursuant	72621
to a prescription; insulin as recognized in the official United	72622
States pharmacopoeia; urine and blood testing materials when used	72623
by diabetics or persons with hypoglycemia to test for glucose or	72624
acetone; hypodermic syringes and needles when used by diabetics	72625
for insulin injections; epoetin alfa when purchased for use in the	72626
treatment of persons with end-stage renal disease; hospital beds	72627
when purchased for use by persons with medical problems for	72628
medical purposes; and medical oxygen and medical oxygen-dispensing	72629
equipment when purchased for use by persons with medical problems	72630
for medical purposes;	72631

(19)(a) Sales of artificial limbs or portion thereof, breast	72632
prostheses, and other prosthetic devices for humans; braces or	72633
other devices for supporting weakened or nonfunctioning parts of	72634
the human body; crutches or other devices to aid human	72635
perambulation; and items of tangible personal property used to	72636
supplement impaired functions of the human body such as	72637
respiration, hearing, or elimination;	72638

(b) Sales of wheelchairs; items incorporated into or used in	72639
conjunction with a motor vehicle for the purpose of transporting	72640
wheelchairs, other than transportation conducted in connection	72641
with the sale or delivery of wheelchairs; and items incorporated	72642
into or used in conjunction with a motor vehicle that are	72643
specifically designed to assist a person with a disability to	72644
access or operate the motor vehicle. As used in this division,	72645
"person with a disability" means any person who has lost the use	72646
of one or both legs or one or both arms, who is blind, deaf, or	72647
disabled to the extent that the person is unable to move about	72648
without the aid of crutches or a wheelchair, or whose mobility is	72649
restricted by a permanent cardiovascular, pulmonary, or other	72650
disabling condition.	72651

(c) No exemption under this division shall be allowed for	72652
nonprescription drugs, medicines, or remedies; items or devices	72653
used to supplement vision; items or devices whose function is	72654
solely or primarily cosmetic; or physical fitness equipment. This	72655
division does not apply to sales to a physician or medical	72656
facility for use in the treatment of a patient, durable medical	72657
equipment for home use, or mobility enhancing equipment, when made	72658
pursuant to a prescription and when such devices or equipment are	72659
for use by a human being.	72660

(20) Sales of emergency and fire protection vehicles and	72661
equipment to nonprofit organizations for use solely in providing	72662
fire protection and emergency services, including trauma care and	72663
emergency medical services, for political subdivisions of the	72664
state;	72665

(21) Sales of tangible personal property manufactured in this	72666
state, if sold by the manufacturer in this state to a retailer for	72667
use in the retail business of the retailer outside of this state	72668
and if possession is taken from the manufacturer by the purchaser	72669
within this state for the sole purpose of immediately removing the	72670
same from this state in a vehicle owned by the purchaser;	72671

(22) Sales of services provided by the state or any of its	72672
political subdivisions, agencies, instrumentalities, institutions,	72673
or authorities, or by governmental entities of the state or any of	72674
its political subdivisions, agencies, instrumentalities,	72675
institutions, or authorities;	72676

(23) Sales of motor vehicles to nonresidents of this state	72677
upon the presentation of an affidavit executed in this state by	72678
the nonresident purchaser affirming that the purchaser is a	72679
nonresident of this state, that possession of the motor vehicle is	72680
taken in this state for the sole purpose of immediately removing	72681
it from this state, that the motor vehicle will be permanently	72682
titled and registered in another state, and that the motor vehicle	72683
will not be used in this state;	72684

(24) Sales to persons engaged in the preparation of eggs for	72685
sale of tangible personal property used or consumed directly in	72686
such preparation, including such tangible personal property used	72687
for cleaning, sanitizing, preserving, grading, sorting, and	72688
classifying by size; packages, including material and parts for	72689
packages, and machinery, equipment, and material for use in	72690
packaging eggs for sale; and handling and transportation equipment	72691
and parts therefor, except motor vehicles licensed to operate on	72692
public highways, used in intraplant or interplant transfers or	72693
shipment of eggs in the process of preparation for sale, when the	72694
plant or plants within or between which such transfers or	72695
shipments occur are operated by the same person. "Packages"	72696
includes containers, cases, baskets, flats, fillers, filler flats,	72697
cartons, closure materials, labels, and labeling materials, and	72698
"packaging" means placing therein.	72699

(25)(a) Sales of water to a consumer for residential use,	72700
except the sale of bottled water, distilled water, mineral water,	72701
carbonated water, or ice;	72702

(b) Sales of water by a nonprofit corporation engaged	72703
exclusively in the treatment, distribution, and sale of water to	72704
consumers, if such water is delivered to consumers through pipes	72705
or tubing.	72706

(26) Fees charged for inspection or reinspection of motor	72707
vehicles under section 3704.14 of the Revised Code;	72708

(27) Sales to persons licensed to conduct a food service	72709
operation pursuant to section 3717.43 of the Revised Code, of	72710
tangible personal property primarily used directly for the	72711
following:	72712

(a) To prepare food for human consumption for sale;

72713

(b) To preserve food that has been or will be prepared for	72714
human consumption for sale by the food service operator, not	72715
including tangible personal property used to display food for	72716
selection by the consumer;	72717

(c) To clean tangible personal property used to prepare or	72718
serve food for human consumption for sale.	72719

(28) Sales of animals by nonprofit animal adoption services	72720
or county humane societies;	72721

(29) Sales of services to a corporation described in division	72722
(A) of section 5709.72 of the Revised Code, and sales of tangible	72723
personal property that qualifies for exemption from taxation under	72724
section 5709.72 of the Revised Code;	72725

(30) Sales and installation of agricultural land tile, as	72726
defined in division (B)(5)(a) of section 5739.01 of the Revised	72727
Code;	72728

(31) Sales and erection or installation of portable grain	72729
bins, as defined in division (B)(5)(b) of section 5739.01 of the	72730
Revised Code;	72731

(32) The sale, lease, repair, and maintenance of, parts for,	72732
or items attached to or incorporated in, motor vehicles that are	72733
primarily used for transporting tangible personal property by a	72734
person engaged in highway transportation for hire;	72735

(33) Sales to the state headquarters of any veterans'	72736
organization in this state that is either incorporated and issued	72737
a charter by the congress of the United States or is recognized by	72738
the United States veterans administration, for use by the	72739
headquarters;	72740

(34) Sales to a telecommunications service vendor, mobile	72741
telecommunications service vendor, or satellite broadcasting	72742
service vendor of tangible personal property and services used	72743
directly and primarily in transmitting, receiving, switching, or	72744
recording any interactive, one- or two-way electromagnetic	72745
communications, including voice, image, data, and information,	72746
through the use of any medium, including, but not limited to,	72747
poles, wires, cables, switching equipment, computers, and record	72748
storage devices and media, and component parts for the tangible	72749
personal property. The exemption provided in this division (B)(34)	72750
of this section shall be in lieu of all other exceptions	72751
exemptions under division (E)(2)(B)(43)(a) of this section 5739.01	72752
of the Revised Code to which a telecommunications servicethe	72753
vendor may otherwise be entitled, based upon the use of the thing	72754
purchased in providing the telecommunications, mobile	72755
telecommunications, or satellite broadcasting service.	72756

(35) Sales of investment metal bullion and investment coins.	72757
"Investment metal bullion" means any elementary precious metal	72758
that has been put through a process of smelting or refining,	72759
including, but not limited to, gold, silver, platinum, and	72760
palladium, and which is in such state or condition that its value	72761
depends upon its content and not upon its form. "Investment metal	72762
bullion" does not include fabricated precious metal that has been	72763
processed or manufactured for one or more specific and customary	72764
industrial, professional, or artistic uses. "Investment coins"	72765
means numismatic coins or other forms of money and legal tender	72766
manufactured of gold, silver, platinum, palladium, or other metal	72767
under the laws of the United States or any foreign nation with a	72768
fair market value greater than any statutory or nominal value of	72769
such coins.	72770

(36)(a) Sales where the purpose of the consumer is to use or	72771
consume the things transferred in making retail sales and	72772
consisting of newspaper inserts, catalogues, coupons, flyers, gift	72773
certificates, or other advertising material that prices and	72774
describes tangible personal property offered for retail sale.	72775

(b) Sales to direct marketing vendors of preliminary	72776
materials such as photographs, artwork, and typesetting that will	72777
be used in printing advertising material; of printed matter that	72778
offers free merchandise or chances to win sweepstake prizes and	72779
that is mailed to potential customers with advertising material	72780
described in division (B)(36)(a) of this section; and of equipment	72781
such as telephones, computers, facsimile machines, and similar	72782
tangible personal property primarily used to accept orders for	72783
direct marketing retail sales.	72784

(c) Sales of automatic food vending machines that preserve	72785
food with a shelf life of forty-five days or less by refrigeration	72786
and dispense it to the consumer.	72787

For purposes of division (B)(36) of this section, "direct	72788
marketing" means the method of selling where consumers order	72789
tangible personal property by United States mail, delivery	72790
service, or telecommunication and the vendor delivers or ships the	72791
tangible personal property sold to the consumer from a warehouse,	72792
catalogue distribution center, or similar fulfillment facility by	72793
means of the United States mail, delivery service, or common	72794
carrier.	72795

(37) Sales to a person engaged in the business of	72796
horticulture or producing livestock of materials to be	72797
incorporated into a horticulture structure or livestock structure;	72798

(38) The sale of a motor vehicle that is used exclusively for	72799
a vanpool ridesharing arrangement to persons participating in the	72800
vanpool ridesharing arrangement when the vendor is selling the	72801
vehicle pursuant to a contract between the vendor and the	72802
department of transportation;	72803

(39) Sales of personal computers, computer monitors, computer	72804
keyboards, modems, and other peripheral computer equipment to an	72805
individual who is licensed or certified to teach in an elementary	72806
or a secondary school in this state for use by that individual in	72807
preparation for teaching elementary or secondary school students;	72808

(40)(39) Sales to a professional racing team of any of the	72809
following:	72810

(a) Motor racing vehicles;

72811

(b) Repair services for motor racing vehicles;

72812

(c) Items of property that are attached to or incorporated in	72813
motor racing vehicles, including engines, chassis, and all other	72814
components of the vehicles, and all spare, replacement, and	72815
rebuilt parts or components of the vehicles; except not including	72816
tires, consumable fluids, paint, and accessories consisting of	72817
instrumentation sensors and related items added to the vehicle to	72818
collect and transmit data by means of telemetry and other forms of	72819
communication.	72820

(41)(40) Sales of used manufactured homes and used mobile	72821
homes, as defined in section 5739.0210 of the Revised Code, made	72822
on or after January 1, 2000;	72823

(42)(41) Sales of tangible personal property and services to	72824
a provider of electricity used or consumed directly and primarily	72825
in generating, transmitting, or distributing electricity for use	72826
by others, including property that is or is to be incorporated	72827
into and will become a part of the consumer's production,	72828
transmission, or distribution system and that retains its	72829
classification as tangible personal property after incorporation;	72830
fuel or power used in the production, transmission, or	72831
distribution of electricity; and tangible personal property and	72832
services used in the repair and maintenance of the production,	72833
transmission, or distribution system, including only those motor	72834
vehicles as are specially designed and equipped for such use. The	72835
exemption provided in this division shall be in lieu of all other	72836
exceptionsexemptions in division (E)(2)(B)(43)(a) of this section	72837
5739.01 of the Revised Code to which a provider of electricity may	72838
otherwise be entitled based on the use of the tangible personal	72839
property or service purchased in generating, transmitting, or	72840
distributing electricity.	72841

(42) Sales to a person providing services under division	72842
(B)(3)(s) of section 5739.01 of the Revised Code of tangible	72843
personal property and services used directly and primarily in	72844
providing taxable services under that section.	72845

(43) Sales where the purpose of the purchaser is to do any of	72846
the following:	72847

(a) To incorporate the thing transferred as a material or a	72848
part into tangible personal property to be produced for sale by	72849
manufacturing, assembling, processing, or refining; or to use or	72850
consume the thing transferred directly in producing tangible	72851
personal property for sale by mining, including, without	72852
limitation, the extraction from the earth of all substances that	72853
are classed geologically as minerals, production of crude oil and	72854
natural gas, farming, agriculture, horticulture, or floriculture,	72855
or directly in the rendition of a public utility service, except	72856
that the sales tax levied by this section shall be collected upon	72857
all meals, drinks, and food for human consumption sold when	72858
transporting persons. Persons engaged in rendering farming,	72859
agricultural, horticultural, or floricultural services, and	72860
services in the exploration for, and production of, crude oil and	72861
natural gas, for others are deemed engaged directly in farming,	72862
agriculture, horticulture, and floriculture, or exploration for,	72863
and production of, crude oil and natural gas. This paragraph does	72864
not exempt from "retail sale" or "sales at retail" the sale of	72865
tangible personal property that is to be incorporated into a	72866
structure or improvement to real property.	72867

(b) To hold the thing transferred as security for the	72868
performance of an obligation of the vendor;	72869

(c) To resell, hold, use, or consume the thing transferred as	72870
evidence of a contract of insurance;	72871

(d) To use or consume the thing directly in commercial	72872
fishing;	72873

(e) To incorporate the thing transferred as a material or a	72874
part into, or to use or consume the thing transferred directly in	72875
the production of, magazines distributed as controlled circulation	72876
publications;	72877

(f) To use or consume the thing transferred in the production	72878
and preparation in suitable condition for market and sale of	72879
printed, imprinted, overprinted, lithographic, multilithic,	72880
blueprinted, photostatic, or other productions or reproductions of	72881
written or graphic matter;	72882

(g) To use the thing transferred, as described in section	72883
5739.011 of the Revised Code, primarily in a manufacturing	72884
operation to produce tangible personal property for sale;	72885

(h) To use the benefit of a warranty, maintenance or service	72886
contract, or similar agreement, as described in division (B)(7) of	72887
section 5739.01 of the Revised Code, to repair or maintain	72888
tangible personal property, if all of the property that is the	72889
subject of the warranty, contract, or agreement would not be	72890
subject to the tax imposed by this section;	72891

(i) To use the thing transferred as qualified research and	72892
development equipment;	72893

(j) To use or consume the thing transferred primarily in	72894
storing, transporting, mailing, or otherwise handling purchased	72895
sales inventory in a warehouse, distribution center, or similar	72896
facility when the inventory is primarily distributed outside this	72897
state to retail stores of the person who owns or controls the	72898
warehouse, distribution center, or similar facility, to retail	72899
stores of an affiliated group of which that person is a member, or	72900
by means of direct marketing. This division does not apply to	72901
motor vehicles registered for operation on the public highways. As	72902
used in this division, "affiliated group" has the same meaning as	72903
in division (B)(3)(e) of section 5739.01 of the Revised Code and	72904
"direct marketing" has the same meaning as in division (B)(36) of	72905
this section.	72906

(k) To use or consume the thing transferred to fulfill a	72907
contractual obligation incurred by a warrantor pursuant to a	72908
warranty provided as a part of the price of the tangible personal	72909
property sold or by a vendor of a warranty, maintenance or service	72910
contract, or similar agreement the provision of which is defined	72911
as a sale under division (B)(7) of section 5739.01 of the Revised	72912
Code;	72913

(l) To use or consume the thing transferred in the production	72914
of a newspaper for distribution to the public;	72915

(m) To use tangible personal property to perform a service	72916
listed in division (B)(3) of section 5739.01 of the Revised Code,	72917
if the property is or is to be permanently transferred to the	72918
consumer of the service as an integral part of the performance of	72919
the service.	72920

As used in division (B)(43) of this section, "thing" includes	72921
all transactions included in divisions (B)(3)(a), (b), and (e) of	72922
section 5739.01 of the Revised Code.	72923

(44) Sales conducted through a coin operated device that	72924
activates vacuum equipment or equipment that dispenses water,	72925
whether or not in combination with soap or other cleaning agents	72926
or wax, to the consumer for the consumer's use on the premises in	72927
washing, cleaning, or waxing a motor vehicle, provided no other	72928
personal property or personal service is provided as part of the	72929
transaction.	72930

(45) Sales of replacement and modification parts for engines,	72931
airframes, instruments, and interiors in, and paint for, aircraft	72932
used primarily in a fractional aircraft ownership program, and	72933
sales of services for the repair, modification, and maintenance of	72934
such aircraft, and machinery, equipment, and supplies primarily	72935
used to provide those services.	72936

(C) For the purpose of the proper administration of this	72937
chapter, and to prevent the evasion of the tax, it is presumed	72938
that all sales made in this state are subject to the tax until the	72939
contrary is established.	72940

As used in this section, except in division (B)(16) of this	72941
section, "food" includes cereals and cereal products, milk and	72942
milk products including ice cream, meat and meat products, fish	72943
and fish products, eggs and egg products, vegetables and vegetable	72944
products, fruits, fruit products, and pure fruit juices,	72945
condiments, sugar and sugar products, coffee and coffee	72946
substitutes, tea, and cocoa and cocoa products. It does not	72947
include: spirituous liquors, wine, mixed beverages, or beer; soft	72948
drinks; sodas and beverages that are ordinarily dispensed at or in	72949
connection with bars and soda fountains, other than coffee, tea,	72950
and cocoa; root beer and root beer extracts; malt and malt	72951
extracts; mineral oils, cod liver oils, and halibut liver oil;	72952
medicines, including tonics, vitamin preparations, and other	72953
products sold primarily for their medicinal properties; and water,	72954
including mineral, bottled, and carbonated waters, and ice.	72955

(C)(D) The levy of this tax on retail sales of recreation and	72956
sports club service shall not prevent a municipal corporation from	72957
levying any tax on recreation and sports club dues or on any	72958
income generated by recreation and sports club dues.	72959

(E) The tax collected by the vendor from the consumer under	72960
this chapter is not part of the price, but is a tax collection for	72961
the benefit of the state, and of counties levying an additional	72962
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	72963
Code and of transit authorities levying an additional sales tax	72964
pursuant to section 5739.023 of the Revised Code. Except for the	72965
discount authorized under section 5739.12 of the Revised Code and	72966
the effects of any rounding pursuant to section 5703.055 of the	72967
Revised Code, no person other than the state or such a county or	72968
transit authority shall derive any benefit from the collection or	72969
payment of the tax levied by this section or section 5739.021,	72970
5739.023, or 5739.026 of the Revised Code.	72971

Sec. 5739.021.  (A) For the purpose of providing additional	72972
general revenues for the county or supporting criminal and	72973
administrative justice services in the county, or both, and to pay	72974
the expenses of administering such levy, any county may levy a tax	72975
at the rate of not more than one per cent at any multiple of	72976
one-fourth of one per cent upon every retail sale made in the	72977
county, except sales of watercraft and outboard motors required to	72978
be titled pursuant to Chapter 1548. of the Revised Code and sales	72979
of motor vehicles, and may increase the rate of an existing tax to	72980
not more than one per cent at any multiple of one-fourth of one	72981
per cent.	72982

The tax shall be levied and the rate increased pursuant to a	72983
resolution of the board of county commissioners. The resolution	72984
shall state the purpose for which the tax is to be levied and the	72985
number of years for which the tax is to be levied, or that it is	72986
for a continuing period of time. If the tax is to be levied for	72987
the purpose of providing additional general revenues and for the	72988
purpose of supporting criminal and administrative justice	72989
services, the resolution shall state the rate or amount of the tax	72990
to be apportioned to each such purpose. The rate or amount may be	72991
different for each year the tax is to be levied, but the rates or	72992
amounts actually apportioned each year shall not be different from	72993
that stated in the resolution for that year. If the resolution is	72994
adopted as an emergency measure necessary for the immediate	72995
preservation of the public peace, health, or safety, it must	72996
receive an affirmative vote of all of the members of the board of	72997
county commissioners and shall state the reasons for such	72998
necessity. AThe board shall deliver a certified copy of the	72999
resolution shall be delivered to the tax commissioner either	73000
personally or by certified mail, not later than the sixtieth	73001
sixty-fifth day prior to the date on which the tax is to become	73002
effective, which shall be the first day of the calendar quarter.	73003

Prior to the adoption of any resolution under this section,	73004
the board of county commissioners shall conduct two public	73005
hearings on the resolution, the second hearing to be not less than	73006
three nor more than ten days after the first. Notice of the date,	73007
time, and place of the hearings shall be given by publication in a	73008
newspaper of general circulation in the county once a week on the	73009
same day of the week for two consecutive weeks, the second	73010
publication being not less than ten nor more than thirty days	73011
prior to the first hearing.	73012

Except as provided in division (B)(3) of this section, the	73013
resolution shall become effective on the first day of a calendar	73014
quarter following the expiration of sixty days from the date of	73015
its adoption,be subject to a referendum as provided in sections	73016
305.31 to 305.41 of the Revised Code.	73017

If a petition for a referendum is filed, the county auditor	73018
with whom the petition was filed shall, within five days, notify	73019
the board of county commissioners and the tax commissioner of the	73020
filing of the petition by certified mail. If the board of	73021
elections with which the petition was filed declares the petition	73022
invalid, the board of elections, within five days, shall notify	73023
the board of county commissioners and the tax commissioner of that	73024
declaration by certified mail. If the petition is declared to be	73025
invalid, the effective date of the tax or increased rate of tax	73026
levied by this section shall be the first day of a calendar	73027
quarter following the expiration of sixty-five days from the date	73028
the petition was declared invalid bycommissioner receives notice	73029
from the board of elections that the petition is invalid.	73030

(B)(1) A resolution that is not adopted as an emergency	73031
measure may direct the board of elections to submit the question	73032
of levying the tax or increasing the rate of tax to the electors	73033
of the county at a special election held on the date specified by	73034
the board of county commissioners in the resolution, provided that	73035
the election occurs not less than seventy-five days after a	73036
certified copy of such resolution is transmitted to the board of	73037
elections and the election is not held in February or August of	73038
any year. Upon transmission of the resolution to the board of	73039
elections, the board of county commissioners shall notify the tax	73040
commissioner in writing of the levy question to be submitted to	73041
the electors. No resolution adopted under this division shall go	73042
into effect unless approved by a majority of those voting upon it,	73043
and, except as provided in division (B)(3) of this section, shall	73044
become effective on the first day of a calendar quarter following	73045
the expiration of sixty-five days from the date of notice to the	73046
tax commissioner byreceives notice from the board of elections of	73047
the affirmative vote.	73048

(2) A resolution that is adopted as an emergency measure	73049
shall go into effect as provided in division (A) of this section,	73050
but may direct the board of elections to submit the question of	73051
repealing the tax or increase in the rate of the tax to the	73052
electors of the county at the next general election in the county	73053
occurring not less than seventy-five days after a certified copy	73054
of the resolution is transmitted to the board of elections. Upon	73055
transmission of the resolution to the board of elections, the	73056
board of county commissioners shall notify the tax commissioner in	73057
writing of the levy question to be submitted to the electors. The	73058
ballot question shall be the same as that prescribed in section	73059
5739.022 of the Revised Code. The board of elections shall notify	73060
the board of county commissioners and the tax commissioner of the	73061
result of the election immediately after the result has been	73062
declared. If a majority of the qualified electors voting on the	73063
question of repealing the tax or increase in the rate of the tax	73064
vote for repeal of the tax or repeal of the increase, the board of	73065
county commissioners, on the first day of a calendar quarter	73066
following the expiration of sixty-five days after the date it	73067
receivedthe board and tax commissioner receive notice of the	73068
result of the election, shall, in the case of a repeal of the tax,	73069
cease to levy the tax, or, in the case of a repeal of an increase	73070
in the rate of the tax, cease to levy the increased rate and levy	73071
the tax at the rate at which it was imposed immediately prior to	73072
the increase in rate.	73073

(3) If a vendor that is registered with the central	73074
electronic registration system provided for in section 5740.05 of	73075
the Revised Code makes a sale in this state by printed catalog and	73076
the consumer computed the tax on the sale based on local rates	73077
published in the catalog, any tax levied or repealed or rate	73078
changed under this section shall not apply to such salesa sale	73079
until the first day of a calendar quarter following the expiration	73080
of one hundred twenty days from the date of notice by the tax	73081
commissioner to the vendor, or to the vendor's certified service	73082
provider, if the vendor has selected onepursuant to division (H)	73083
of this section.	73084

(C) If a resolution is rejected at a referendum or if a	73085
resolution adopted after January 1, 1982, as an emergency measure	73086
is repealed by the electors pursuant to division (B)(2) of this	73087
section or section 5739.022 of the Revised Code, then for one year	73088
after the date of the election at which the resolution was	73089
rejected or repealed the board of county commissioners may not	73090
adopt any resolution authorized by this section as an emergency	73091
measure.	73092

(D) The board of county commissioners, at any time while a	73093
tax levied under this section is in effect, may by resolution	73094
reduce the rate at which the tax is levied to a lower rate	73095
authorized by this section. Any reduction in the rate at which the	73096
tax is levied shall be made effective on the first day of a	73097
calendar quarter next following the sixtiethsixty-fifth day after	73098
the certificationa certified copy of the resolution is delivered	73099
to the tax commissioner.	73100

(E) The tax on every retail sale subject to a tax levied	73101
pursuant to this section shall be in addition to the tax levied by	73102
section 5739.02 of the Revised Code and any tax levied pursuant to	73103
section 5739.023 or 5739.026 of the Revised Code.	73104

A county that levies a tax pursuant to this section shall	73105
levy a tax at the same rate pursuant to section 5741.021 of the	73106
Revised Code.	73107

The additional tax levied by the county shall be collected	73108
pursuant to section 5739.025 of the Revised Code. If the	73109
additional tax or some portion thereof is levied for the purpose	73110
of criminal and administrative justice services, the revenue from	73111
the tax, or the amount or rate apportioned to that purpose, shall	73112
be credited to a special fund created in the county treasury for	73113
receipt of that revenue.	73114

Any tax levied pursuant to this section is subject to the	73115
exemptions provided in section 5739.02 of the Revised Code and in	73116
addition shall not be applicable to sales not within the taxing	73117
power of a county under the Constitution of the United States or	73118
the Ohio Constitution.	73119

(F) For purposes of this section, a copy of a resolution is	73120
"certified" when it contains a written statement attesting that	73121
the copy is a true and exact reproduction of the original	73122
resolution.	73123

(G) If a board of commissioners intends to adopt a resolution	73124
to levy a tax in whole or in part for the purpose of criminal and	73125
administrative justice services, the board shall prepare and make	73126
available at the first public hearing at which the resolution is	73127
considered a statement containing the following information:	73128

(1) For each of the two preceding fiscal years, the amount of	73129
expenditures made by the county from the county general fund for	73130
the purpose of criminal and administrative justice services;	73131

(2) For the fiscal year in which the resolution is adopted,	73132
the board's estimate of the amount of expenditures to be made by	73133
the county from the county general fund for the purpose of	73134
criminal and administrative justice services;	73135

(3) For each of the two fiscal years after the fiscal year in	73136
which the resolution is adopted, the board's preliminary plan for	73137
expenditures to be made from the county general fund for the	73138
purpose of criminal and administrative justice services, both	73139
under the assumption that the tax will be imposed for that purpose	73140
and under the assumption that the tax would not be imposed for	73141
that purpose, and for expenditures to be made from the special	73142
fund created under division (E) of this section under the	73143
assumption that the tax will be imposed for that purpose.	73144

The board shall prepare the statement and the preliminary	73145
plan using the best information available to the board at the time	73146
the statement is prepared. Neither the statement nor the	73147
preliminary plan shall be used as a basis to challenge the	73148
validity of the tax in any court of competent jurisdiction, nor	73149
shall the statement or preliminary plan limit the authority of the	73150
board to appropriate, pursuant to section 5705.38 of the Revised	73151
Code, an amount different from that specified in the preliminary	73152
plan.	73153

(H) Upon receipt from a board of county commissioners of a	73154
certified copy of a resolution required by division (A) or (D) of	73155
this section, or from the board of elections of a notice of the	73156
results of an election required by division (A) or (B)(1) or (2)	73157
of this section, the tax commissioner shall provide notice of a	73158
tax rate change in a manner that is reasonably accessible to all	73159
affected vendors. The commissioner shall provide this notice at	73160
least sixty days prior to the effective date of the rate change.	73161
The commissioner, by rule, may establish the method by which	73162
notice will be provided.	73163

(I) As used in this section, "criminal and administrative	73164
justice services" means the exercise by the county sheriff of all	73165
powers and duties vested in that office by law; the exercise by	73166
the county prosecuting attorney of all powers and duties vested in	73167
that office by law; the exercise by any court in the county of all	73168
powers and duties vested in that court; the exercise by the clerk	73169
of the court of common pleas, any clerk of a municipal court	73170
having jurisdiction throughout the county, or the clerk of any	73171
county court of all powers and duties vested in the clerk by law	73172
except, in the case of the clerk of the court of common pleas, the	73173
titling of motor vehicles or watercraft pursuant to Chapter 1548.	73174
or 4505. of the Revised Code; the exercise by the county coroner	73175
of all powers and duties vested in that office by law; making	73176
payments to any other public agency or a private, nonprofit	73177
agency, the purposes of which in the county include the diversion,	73178
adjudication, detention, or rehabilitation of criminals or	73179
juvenile offenders; the operation and maintenance of any detention	73180
facility, as defined in section 2921.01 of the Revised Code; and	73181
the construction, acquisition, equipping, or repair of such a	73182
detention facility, including the payment of any debt charges	73183
incurred in the issuance of securities pursuant to Chapter 133. of	73184
the Revised Code for the purpose of constructing, acquiring,	73185
equipping, or repairing such a facility.	73186

Sec. 5739.022.  (A) The question of repeal of either a county	73187
permissive tax or an increase in the rate of a county permissive	73188
tax that was adopted as an emergency measure pursuant to section	73189
5739.021 or 5739.026 of the Revised Code may be initiated by	73190
filing with the board of elections of the county not less than	73191
seventy-five days before the general election in any year a	73192
petition requesting that an election be held on the question. The	73193
question of repealing an increase in the rate of the county	73194
permissive tax shall be submitted to the electors as a separate	73195
question from the repeal of the tax in effect prior to the	73196
increase in the rate. Any petition filed under this section shall	73197
be signed by qualified electors residing in the county equal in	73198
number to ten per cent of those voting for governor at the most	73199
recent gubernatorial election.	73200

After determination by it that the petition is valid, the	73201
board of elections shall submit the question to the electors of	73202
the county at the next general election. The election shall be	73203
conducted, canvassed, and certified in the same manner as regular	73204
elections for county offices in the county. The board of elections	73205
shall notify the tax commissioner, in writing, of the election	73206
upon determining that the petition is valid. Notice of the	73207
election shall also be published in a newspaper of general	73208
circulation in the district once a week for four consecutive weeks	73209
prior to the election, stating the purpose, the time, and the	73210
place of the election. The form of the ballot cast at the election	73211
shall be prescribed by the secretary of state; however, the ballot	73212
question shall read, "shall the tax (or, increase in the rate of	73213
the tax) be retained?	73214

73215

73218

The question covered by the petition shall be submitted as a	73219
separate proposition, but it may be printed on the same ballot	73220
with any other proposition submitted at the same election other	73221
than the election of officers.	73222

(B) If a majority of the qualified electors voting on the	73223
question of repeal of either a county permissive tax or an	73224
increase in the rate of a county permissive tax approve the	73225
repeal, the board of elections shall notify the board of county	73226
commissioners and the tax commissioner of the result of the	73227
election immediately after the result has been declared. The board	73228
of county commissioners shall, on the first day of the month	73229
calendar quarter following the expiration of thirtysixty-five	73230
days after the date it receives the board and the tax commissioner	73231
receive the notice, in the case of a repeal of a county permissive	73232
tax, cease to levy the tax, or, in the case of a repeal of an	73233
increase in the rate of a county permissive tax, levy the tax at	73234
the rate at which it was imposed immediately prior to the increase	73235
in rate and cease to levy the increased rate.	73236

(C) Upon receipt from a board of elections of a notice of the	73237
results of an election required by division (B) of this section,	73238
the tax commissioner shall provide notice of a tax repeal or rate	73239
change in a manner that is reasonably accessible to all affected	73240
vendors. The commissioner shall provide this notice at least sixty	73241
days prior to the effective date of the rate change. The	73242
commissioner, by rule, may establish the method by which notice	73243
will be provided.	73244

(D) If a vendor that is registered with the central	73245
electronic registration system provided for in section 5740.05 of	73246
the Revised Code makes a sale in this state by printed catalog and	73247
the consumer computed the tax on the sale based on local rates	73248
published in the catalog, any tax repealed or rate changed under	73249
this section shall not apply to such a sale until the first day of	73250
a calendar quarter following the expiration of one hundred twenty	73251
days from the date of notice by the tax commissioner pursuant to	73252
division (C) of this section.	73253

Sec. 5739.023.  (A)(1) For the purpose of providing	73254
additional general revenues for a transit authority and paying the	73255
expenses of administering such levy, any transit authority as	73256
defined in division (U) of section 5739.01 of the Revised Code may	73257
levy a tax upon every retail sale made in the territory of the	73258
transit authority, except sales of watercraft and outboard motors	73259
required to be titled pursuant to Chapter 1548. of the Revised	73260
Code and sales of motor vehicles, at a rate of not more than one	73261
and one-half per cent at any multiple of one-fourth of one per	73262
cent and may increase the existing rate of tax to not more than	73263
one and one-half per cent at any multiple of one-fourth of one per	73264
cent. The tax shall be levied and the rate increased pursuant to a	73265
resolution of the legislative authority of the transit authority	73266
and a certified copy of the resolution shall be delivered by the	73267
fiscal officer to the board of elections as provided in section	73268
3505.071 of the Revised Code and to the tax commissioner. The	73269
resolution shall specify the number of years for which the tax is	73270
to be in effect or that the tax is for a continuing period of	73271
time, and the date of the election on the question of the tax	73272
pursuant to section 306.70 of the Revised Code. The board of	73273
elections shall certify the results of the election to the transit	73274
authority and tax commissioner.	73275

(2) Except as provided in division (C) of this section, the	73276
tax levied by the resolution shall become effective on the first	73277
day of a calendar quarter next following the sixtiethsixty-fifth	73278
day following the date the tax commissioner receives from the	73279
board of elections the certification of the results of the	73280
election on the question of the tax by the board of elections.	73281

(B) The legislative authority may, at any time while the tax	73282
is in effect, by resolution fix the rate of the tax at any rate	73283
authorized by this section and not in excess of that approved by	73284
the voters pursuant to section 306.70 of the Revised Code. Except	73285
as provided in division (C) of this section, any change in the	73286
rate of the tax shall be made effective on the first day of a	73287
calendar quarter next following the sixtiethsixty-fifth day	73288
following the date the tax commissioner receives the certification	73289
of the resolution to the tax commissioner; provided, that in any	73290
case where bonds, or notes in anticipation of bonds, of a regional	73291
transit authority have been issued under section 306.40 of the	73292
Revised Code without a vote of the electors while the tax proposed	73293
to be reduced was in effect, the board of trustees of the regional	73294
transit authority shall continue to levy and collect under	73295
authority of the original election authorizing the tax a rate of	73296
tax that the board of trustees reasonably estimates will produce	73297
an amount in that year equal to the amount of principal of and	73298
interest on those bonds as is payable in that year.	73299

(C) Upon receipt from the board of elections of the	73300
certification of the results of the election required by division	73301
(A) of this section, or from the legislative authority of the	73302
certification of a resolution under division (B) of this section,	73303
the tax commissioner shall provide notice of a tax rate change in	73304
a manner that is reasonably accessible to all affected vendors.	73305
The commissioner shall provide this notice at least sixty days	73306
prior to the effective date of the rate change. The commissioner,	73307
by rule, may establish the method by which notice will be	73308
provided.	73309

(D) If a vendor that is registered with the central	73310
electronic registration system provided for in section 5740.05 of	73311
the Revised Code makes a sale in this state by printed catalog and	73312
the consumer computed the tax on the sale based on local rates	73313
published in the catalog, any tax levied or rate changed under	73314
this section shall not apply to such a sale until the first day of	73315
a calendar quarter following the expiration of one hundred twenty	73316
days from the date of notice by the tax commissioner to the	73317
vendor, or to the vendor's certified service provider, if the	73318
vendor has selected onepursuant to division (C) of this section.	73319

(D)(E) The tax on every retail sale subject to a tax levied	73320
pursuant to this section is in addition to the tax levied by	73321
section 5739.02 of the Revised Code and any tax levied pursuant to	73322
section 5739.021 or 5739.026 of the Revised Code.	73323

(E)(F) The additional tax levied by the transit authority	73324
shall be collected pursuant to section 5739.025 of the Revised	73325
Code.	73326

(F)(G) Any tax levied pursuant to this section is subject to	73327
the exemptions provided in section 5739.02 of the Revised Code and	73328
in addition shall not be applicable to sales not within the taxing	73329
power of a transit authority under the constitution of the United	73330
States or the constitution of this state.	73331

(G)(H) The rate of a tax levied under this section is subject	73332
to reduction under section 5739.028 of the Revised Code, if a	73333
ballot question is approved by voters pursuant to that section.	73334

Sec. 5739.025.  As used in this section, "local tax" means a	73335
tax imposed pursuant to section 5739.021, 5739.023, 5739.026,	73336
5741.021, 5741.022, or 5741.023 of the Revised Code.	73337

(A) The taxes levied by sections 5739.02 and 5741.02 of the	73338
Revised Code shall be collected as follows:	73339

(1) On and after July 1, 2003, and on or before June 30,	73340
2005, in accordance with the following schedule:	73341

If the price exceeds one dollar, the tax is six cents on each	73351
one dollar. If the price exceeds one dollar or a multiple thereof	73352
by not more than seventeen cents, the amount of tax is six cents	73353
for each one dollar plus one cent. If the price exceeds one dollar	73354
or a multiple thereof by more than seventeen cents, the amount of	73355
tax is six cents for each one dollar plus the amount of tax for	73356
prices eighteen cents through ninety-nine cents in accordance with	73357
the schedule above.	73358

(2) On and after July 1, 2005, and on and before December 31,	73359
2005, in accordance with the following schedule:	73360

If the price exceeds one dollar, the tax is five cents on	73369
each one dollar. If the price exceeds one dollar or a multiple	73370
thereof by not more than twenty cents, the amount of tax is five	73371
cents for each one dollar plus one cent. If the price exceeds one	73372
dollar or a multiple thereof by more than twenty cents, the amount	73373
of tax is five cents for each one dollar plus the amount of tax	73374
for prices twenty-one cents through ninety-nine cents in	73375
accordance with the schedule above.	73376

(B) TheOn and after July 1, 2003, and on and before June 30,	73377
2005, the combined taxes levied by sections 5739.02 and 5741.02	73378
and pursuant to sections 5739.021, 5739.023, 5739.026, 5741.021,	73379
5741.022, and 5741.023 of the Revised Code shall be collected in	73380
accordance with the following schedules:	73381

(1) When the combined rate of state and local tax is six and	73382
one-fourth per cent:	73383

If the price exceeds four dollars, the tax is twenty-five	73412
cents on each four dollars. If the price exceeds four dollars or a	73413
multiple thereof by not more than sixteen cents, the amount of tax	73414
is twenty-five cents for each four dollars plus one cent. If the	73415
price exceeds four dollars or a multiple thereof by more than	73416
sixteen cents, the amount of tax is twenty-five cents for each	73417
four dollars plus the amount of tax for prices seventeen cents	73418
through three dollars and ninety-nine cents in accordance with the	73419
schedule above.	73420

(2) When the combined rate of state and local tax is six and	73421
one-half per cent:	73422

If the price exceeds two dollars, the tax is thirteen cents	73438
on each two dollars. If the price exceeds two dollars or a	73439
multiple thereof by not more than fifteen cents, the amount of tax	73440
is thirteen cents for each two dollars plus one cent. If the price	73441
exceeds two dollars or a multiple thereof by more than fifteen	73442
cents, the amount of tax is thirteen cents for each two dollars	73443
plus the amount of tax for prices sixteen cents through one dollar	73444
and ninety-nine cents in accordance with the schedule above.	73445

(3) When the combined rate of state and local tax is six and	73446
three-fourths per cent:	73447

If the price exceeds four dollars, the tax is twenty-seven	73477
cents on each four dollars. If the price exceeds four dollars or a	73478
multiple thereof by not more than fourteen cents, the amount of	73479
tax is twenty-seven cents for each four dollars plus one cent. If	73480
the price exceeds four dollars or a multiple thereof by more than	73481
fourteen but by not more than twenty-nine cents, the amount of tax	73482
is twenty-seven cents for each four dollars plus two cents. If the	73483
price exceeds four dollars or a multiple thereof by more than	73484
twenty-nine cents the amount of tax is twenty-seven cents for each	73485
four dollars plus the amount of tax for prices thirty cents	73486
through three dollars and ninety-nine cents in accordance with the	73487
schedule above.	73488

(4) When the combined rate of state and local tax is seven	73489
per cent:	73490

If the price exceeds one dollar, the tax is seven cents on	73500
each one dollar. If the price exceeds one dollar or a multiple	73501
thereof by not more than fifteen cents, the amount of tax is seven	73502
cents for each one dollar plus one cent. If the price exceeds one	73503
dollar or a multiple thereof by more than fifteen cents, the	73504
amount of tax is seven cents for each one dollar plus the amount	73505
of tax for prices sixteen cents through ninety-nine cents in	73506
accordance with the schedule above.	73507

(5) When the combined rate of state and local tax is seven	73508
and one-fourth per cent:	73509

If the price exceeds four dollars, the tax is twenty-nine	73541
cents on each four dollars. If the price exceeds four dollars or a	73542
multiple thereof by not more than thirteen cents, the amount of	73543
tax is twenty-nine cents for each four dollars plus one cent. If	73544
the price exceeds four dollars or a multiple thereof by more than	73545
thirteen cents but by not more than twenty-seven cents, the amount	73546
of tax is twenty-nine cents for each four dollars plus two cents.	73547
If the price exceeds four dollars or a multiple thereof by more	73548
than twenty-seven cents, the amount of tax is twenty-nine cents	73549
for each four dollars plus the amount of tax for prices	73550
twenty-eight cents through three dollars and ninety-nine cents in	73551
accordance with the schedule above.	73552

(6) When the combined rate of state and local tax is seven	73553
and one-half per cent:	73554

If the price exceeds two dollars, the tax is fifteen cents on	73572
each two dollars. If the price exceeds two dollars or a multiple	73573
thereof by not more than fifteen cents, the amount of tax is	73574
fifteen cents for each two dollars plus one cent. If the price	73575
exceeds two dollars or a multiple thereof by more than fifteen	73576
cents, the amount of tax is fifteen cents for each two dollars	73577
plus the amount of tax for prices sixteen cents through one dollar	73578
and ninety-nine cents in accordance with the schedule above.	73579

(7) When the combined rate of state and local tax is seven	73580
and three-fourths per cent:	73581

If the price exceeds four dollars, the tax is thirty-one	73615
cents on each four dollars. If the price exceeds four dollars or a	73616
multiple thereof by not more than twelve cents, the amount of tax	73617
is thirty-one cents for each four dollars plus one cent. If the	73618
price exceeds four dollars or a multiple thereof by more than	73619
twelve cents but by not more than twenty-five cents, the amount of	73620
tax is thirty-one cents for each four dollars plus two cents. If	73621
the price exceeds four dollars or a multiple thereof by more than	73622
twenty-five cents, the amount of tax is thirty-one cents for each	73623
four dollars plus the amount of tax for prices twenty-six cents	73624
through three dollars and ninety-nine cents in accordance with the	73625
schedule above.	73626

(8) When the combined rate of state and local tax is eight	73627
per cent:	73628

If the price exceeds one dollar, the tax is eight cents on	73639
each one dollar. If the price exceeds one dollar or a multiple	73640
thereof by not more than twelve cents, the amount of tax is eight	73641
cents for each one dollar plus one cent. If the price exceeds one	73642
dollar or a multiple thereof by more than twelve cents but not	73643
more than twenty-five cents, the amount of tax is eight cents for	73644
each one dollar plus two cents. If the price exceeds one dollar or	73645
a multiple thereof by more than twenty-five cents, the amount of	73646
tax is eight cents for each one dollar plus the amount of tax for	73647
prices twenty-six cents through ninety-nine cents in accordance	73648
with the schedule above.	73649

(9) When the combined rate of state and local tax is eight	73650
and one-fourth per cent:	73651

If the price exceeds four dollars, the tax is thirty-three	73687
cents on each four dollars. If the price exceeds four dollars or a	73688
multiple thereof by not more than eleven cents, the amount of tax	73689
is thirty-three cents for each four dollars plus one cent. If the	73690
price exceeds four dollars or a multiple thereof by more than	73691
eleven cents but by not more than twenty-four cents, the amount of	73692
tax is thirty-three cents for each four dollars plus two cents. If	73693
the price exceeds four dollars or a multiple thereof by more than	73694
twenty-four cents, the amount of tax is thirty-three cents for	73695
each four dollars plus the amount of tax for prices twenty-six	73696
cents through three dollars and ninety-nine cents in accordance	73697
with the schedule above.	73698

(10) When the combined rate of state and local tax is eight	73699
and one-half per cent:	73700

If the price exceeds two dollars, the tax is seventeen cents	73720
on each two dollars. If the price exceeds two dollars or a	73721
multiple thereof by not more than eleven cents, the amount of tax	73722
is seventeen cents for each two dollars plus one cent. If the	73723
price exceeds two dollars or a multiple thereof by more than	73724
eleven cents but by not more than twenty-three cents, the amount	73725
of tax is seventeen cents for each two dollars plus two cents. If	73726
the price exceeds two dollars or a multiple thereof by more than	73727
twenty-three cents, the amount of tax is seventeen cents for each	73728
two dollars plus the amount of tax for prices twenty-four cents	73729
through one dollar and ninety-nine cents in accordance with the	73730
schedule above.	73731

(11) When the combined rate of state and local tax is eight	73732
and three-fourths per cent:	73733

If the price exceeds four dollars, the tax is thirty-five	73771
cents on each four dollars. If the price exceeds four dollars or a	73772
multiple thereof by not more than eleven cents, the amount of tax	73773
is thirty-five cents for each four dollars plus one cent. If the	73774
price exceeds four dollars or a multiple thereof by more than	73775
eleven cents but by not more than twenty-two cents, the amount of	73776
tax is thirty-five cents for each four dollars plus two cents. If	73777
the price exceeds four dollars or a multiple thereof by more than	73778
twenty-two cents, the amount of tax is thirty-five cents for each	73779
four dollars plus the amount of tax for prices twenty-three cents	73780
through three dollars and ninety-nine cents in accordance with the	73781
schedule above.	73782

(12) When the combined rate of state and local tax is nine	73783
per cent:	73784

If the price exceeds one dollar, the tax is nine cents on	73796
each one dollar. If the price exceeds one dollar or a multiple	73797
thereof by not more than eleven cents, the amount of tax is nine	73798
cents for each one dollar plus one cent. If the price exceeds one	73799
dollar or a multiple thereof by more than eleven cents but by not	73800
more than twenty-two cents, the amount of tax is nine cents for	73801
each one dollar plus two cents. If the price exceeds one dollar or	73802
a multiple thereof by more than twenty-two cents, the amount of	73803
tax is nine cents for each one dollar plus the amount of tax for	73804
prices twenty-three cents through ninety-nine cents in accordance	73805
with the schedule above.	73806

(C) On and after July 1, 2005, and on and before December 31,	73807
2005, the combined taxes levied by sections 5739.02 and 5741.02	73808
and pursuant to sections 5739.021, 5739.023, 5739.026, 5741.021,	73809
5741.022, and 5741.023 of the Revised Code shall be collected in	73810
accordance with the following schedules:	73811

(1) When the total rate of local tax is one-fourth per cent:

73812

If the price exceeds four dollars, the tax is twenty-one	73837
cents on each four dollars. If the price exceeds four dollars or a	73838
multiple thereof by not more than nineteen cents, the amount of	73839
tax is twenty-one cents for each four dollars plus one cent. If	73840
the price exceeds four dollars or a multiple thereof by more than	73841
nineteen cents, the amount of tax is twenty-one cents for each	73842
four dollars plus the amount of tax for prices twenty cents	73843
through three dollars and ninety-nine cents in accordance with the	73844
schedule above.	73845

(2) When the combined rate of local tax is one-half per cent:

73846

If the price exceeds two dollars, the tax is eleven cents on	73861
each two dollars. If the price exceeds two dollars or a multiple	73862
thereof by not more than eighteen cents, the amount of tax is	73863
eleven cents for each two dollars plus one cent. If the price	73864
exceeds two dollars or a multiple thereof by more than eighteen	73865
cents, the amount of tax is eleven cents for each two dollars plus	73866
the amount of tax for prices nineteen cents through one dollar and	73867
ninety-nine cents in accordance with the schedule above.	73868

(3) When the combined rate of local tax is three-fourths per	73869
cent:	73870

If the price exceeds four dollars, the tax is twenty-three	73897
cents on each four dollars. If the price exceeds four dollars or a	73898
multiple thereof by not more than seventeen cents, the amount of	73899
tax is twenty-three cents for each four dollars plus one cent. If	73900
the price exceeds four dollars or a multiple thereof by more than	73901
seventeen cents, the amount of tax is twenty-three cents for each	73902
four dollars plus the amount of tax for prices eighteen cents	73903
through three dollars and ninety-nine cents in accordance with the	73904
schedule above.	73905

(4) When the combined rate of local tax is one per cent:

73906

If the price exceeds one dollar, the tax is six cents on each	73916
one dollar. If the price exceeds one dollar or a multiple thereof	73917
by not more than seventeen cents, the amount of tax is six cents	73918
for each one dollar plus one cent. If the price exceeds one dollar	73919
or a multiple thereof by more than seventeen cents, the amount of	73920
tax is six cents for each one dollar plus the amount of tax for	73921
prices eighteen cents through ninety-nine cents in accordance with	73922
the schedule above.	73923

(5) When the combined rate of local tax is one and one-fourth	73924
per cent:	73925

If the price exceeds four dollars, the tax is twenty-five	73954
cents on each four dollars. If the price exceeds four dollars or a	73955
multiple thereof by not more than sixteen cents, the amount of tax	73956
is twenty-five cents for each four dollars plus one cent. If the	73957
price exceeds four dollars or a multiple thereof by more than	73958
sixteen cents, the amount of tax is twenty-five cents for each	73959
four dollars plus the amount of tax for prices seventeen cents	73960
through three dollars and ninety-nine cents in accordance with the	73961
schedule above.	73962

(6) When the combined rate of local tax is one and one-half	73963
per cent:	73964

If the price exceeds two dollars, the tax is thirteen cents	73980
on each two dollars. If the price exceeds two dollars or a	73981
multiple thereof by not more than fifteen cents, the amount of tax	73982
is thirteen cents for each two dollars plus one cent. If the price	73983
exceeds two dollars or a multiple thereof by more than fifteen	73984
cents, the amount of tax is thirteen cents for each two dollars	73985
plus the amount of tax for prices sixteen cents through one dollar	73986
and ninety-nine cents in accordance with the schedule above.	73987

(7) When the combined rate of local tax is one and	73988
three-fourths per cent:	73989

If the price exceeds four dollars, the tax is twenty-seven	74019
cents on each four dollars. If the price exceeds four dollars or a	74020
multiple thereof by not more than fourteen cents, the amount of	74021
tax is twenty-seven cents for each four dollars plus one cent. If	74022
the price exceeds four dollars or a multiple thereof by more than	74023
fourteen but by not more than twenty-nine cents, the amount of tax	74024
is twenty-seven cents for each four dollars plus two cents. If the	74025
price exceeds four dollars or a multiple thereof by more than	74026
twenty-nine cents the amount of tax is twenty-seven cents for each	74027
four dollars plus the amount of tax for prices thirty cents	74028
through three dollars and ninety-nine cents in accordance with the	74029
schedule above.	74030

(8) When the combined rate of local tax is two per cent:

74031

If the price exceeds one dollar, the tax is seven cents on	74041
each one dollar. If the price exceeds one dollar or a multiple	74042
thereof by not more than fifteen cents, the amount of tax is seven	74043
cents for each one dollar plus one cent. If the price exceeds one	74044
dollar or a multiple thereof by more than fifteen cents, the	74045
amount of tax is seven cents for each one dollar plus the amount	74046
of tax for prices sixteen cents through ninety-nine cents in	74047
accordance with the schedule above.	74048

(9) When the combined rate of local tax is two and one-fourth	74049
per cent:	74050

If the price exceeds four dollars, the tax is twenty-nine	74082
cents on each four dollars. If the price exceeds four dollars or a	74083
multiple thereof by not more than thirteen cents, the amount of	74084
tax is twenty-nine cents for each four dollars plus one cent. If	74085
the price exceeds four dollars or a multiple thereof by more than	74086
thirteen cents but by not more than twenty-seven cents, the amount	74087
of tax is twenty-nine cents for each four dollars plus two cents.	74088
If the price exceeds four dollars or a multiple thereof by more	74089
than twenty-seven cents, the amount of tax is twenty-nine cents	74090
for each four dollars plus the amount of tax for prices	74091
twenty-eight cents through three dollars and ninety-nine cents in	74092
accordance with the schedule above.	74093

(10) When the combined rate of local tax is two and one-half	74094
per cent:	74095

If the price exceeds two dollars, the tax is fifteen cents on	74113
each two dollars. If the price exceeds two dollars or a multiple	74114
thereof by not more than fifteen cents, the amount of tax is	74115
fifteen cents for each two dollars plus one cent. If the price	74116
exceeds two dollars or a multiple thereof by more than fifteen	74117
cents, the amount of tax is fifteen cents for each two dollars	74118
plus the amount of tax for prices sixteen cents through one dollar	74119
and ninety-nine cents in accordance with the schedule above.	74120

(11) When the combined rate of local tax is two and	74121
three-fourths per cent:	74122

If the price exceeds four dollars, the tax is thirty-one	74156
cents on each four dollars. If the price exceeds four dollars or a	74157
multiple thereof by not more than twelve cents, the amount of tax	74158
is thirty-one cents for each four dollars plus one cent. If the	74159
price exceeds four dollars or a multiple thereof by more than	74160
twelve cents but not more than twenty-five cents, the amount of	74161
tax is thirty-one cents for each four dollars plus two cents. If	74162
the price exceeds four dollars or a multiple thereof by more than	74163
twenty-five cents, the amount of tax is thirty-one cents for each	74164
four dollars plus the amount of tax for prices twenty-six cents	74165
through three dollars and ninety-nine cents in accordance with the	74166
schedule above.	74167

(12) When the combined rate of local tax is three per cent:

74168

If the price exceeds one dollar, the tax is eight cents on	74179
each one dollar. If the price exceeds one dollar or a multiple	74180
thereof by not more than twelve cents, the amount of tax is eight	74181
cents for each one dollar plus one cent. If the price exceeds one	74182
dollar or a multiple thereof by more than twelve cents but not	74183
more than twenty-five cents, the amount of tax is eight cents for	74184
each one dollar plus two cents. If the price exceeds one dollar or	74185
a multiple thereof by more than twenty-five cents, the amount of	74186
tax is eight cents for each one dollar plus the amount of tax for	74187
prices twenty-six cents through ninety-nine cents in accordance	74188
with the schedule above.	74189

(C)(D) In lieu of collecting the tax pursuant to the	74190
schedules set forth in divisions (A) and, (B), and (C) of this	74191
section, a vendor may compute the tax on each sale as follows:	74192

(1) On sales of fifteen cents or less, no tax shall apply.

74193

(2) On sales in excess of fifteen cents, multiply the price	74194
by the aggregate rate of taxes in effect under sections 5739.01	74195
5739.02 and 5741.02 and sections 5739.021, 5739.023, 5739.026,	74196
5741.021, 5741.022, and 5741.023 of the Revised Code. The	74197
computation shall be carried out to six decimal places. If the	74198
result is a fractional amount of a cent, the calculated tax shall	74199
be increased to the next highest cent and that amount shall be	74200
collected by the vendor.	74201

(D)(E) On and after January 1, 2006, a vendor shall compute	74202
the tax on each sale by multiplying the price by the aggregate	74203
rate of taxes in effect under sections 5739.02 and 5741.02, and	74204
sections 5739.021, 5739.023, 5739.026, 5741.021, 5741.022, and	74205
5741.023 of the Revised Code. The computation shall be carried out	74206
to three decimal places. If the result is a fractional amount of a	74207
cent, the calculated tax shall be rounded to a whole cent using a	74208
method that rounds up to the next cent whenever the third decimal	74209
place is greater than four. A vendor may elect to compute the tax	74210
due on a transaction on an item or an invoice basis.	74211

(F) In auditing a vendor, the tax commissioner shall consider	74212
the method prescribed by this section that was used by the vendor	74213
in determining and collecting the tax due under this chapter on	74214
taxable transactions. If the vendor correctly collects and remits	74215
the tax due under this chapter in accordance with the schedules in	74216
divisions (A) and, (B), and (C) of this section or in accordance	74217
with the computation prescribed in division (C)(D) or (E) of this	74218
section, the commissioner shall not assess any additional tax on	74219
those transactions.	74220

(G)(1) With respect to a sale of a fractional ownership	74221
program aircraft used primarily in a fractional aircraft ownership	74222
program, including all accessories attached to such aircraft, the	74223
tax shall be calculated pursuant to divisions (A) to (E) of this	74224
section, provided that the tax commissioner shall modify those	74225
calculations so that the maximum tax on each program aircraft is	74226
eight hundred dollars. In the case of a sale of a fractional	74227
interest that is less than one hundred per cent of the program	74228
aircraft, the tax charged on the transaction shall be eight	74229
hundred dollars multiplied by a fraction, the numerator of which	74230
is the percentage of ownership or possession in the aircraft being	74231
purchased in the transaction, and the denominator of which is one	74232
hundred per cent.	74233

(2) Notwithstanding any other provision of law to the	74234
contrary, the tax calculated under division (G)(1) of this section	74235
and paid with respect to the sale of a fractional ownership	74236
program aircraft used primarily in a fractional aircraft ownership	74237
program shall be credited to the general revenue fund.	74238

Sec. 5739.026.  (A) A board of county commissioners may levy	74239
a tax of one-fourth or one-half of one per cent on every retail	74240
sale in the county, except sales of watercraft and outboard motors	74241
required to be titled pursuant to Chapter 1548. of the Revised	74242
Code and sales of motor vehicles, and may increase an existing	74243
rate of one-fourth of one per cent to one-half of one per cent, to	74244
pay the expenses of administering the tax and, except as provided	74245
in division (A)(6) of this section, for any one or more of the	74246
following purposes provided that the aggregate levy for all such	74247
purposes does not exceed one-half of one per cent:	74248

(1) To provide additional revenues for the payment of bonds	74249
or notes issued in anticipation of bonds issued by a convention	74250
facilities authority established by the board of county	74251
commissioners under Chapter 351. of the Revised Code and to	74252
provide additional operating revenues for the convention	74253
facilities authority;	74254

(2) To provide additional revenues for a transit authority	74255
operating in the county;	74256

(3) To provide additional revenue for the county's general	74257
fund;	74258

(4) To provide additional revenue for permanent improvements	74259
within the county to be distributed by the community improvements	74260
board in accordance with section 307.283 and to pay principal,	74261
interest, and premium on bonds issued under section 307.284 of the	74262
Revised Code;	74263

(5) To provide additional revenue for the acquisition,	74264
construction, equipping, or repair of any specific permanent	74265
improvement or any class or group of permanent improvements, which	74266
improvement or class or group of improvements shall be enumerated	74267
in the resolution required by division (D) of this section, and to	74268
pay principal, interest, premium, and other costs associated with	74269
the issuance of bonds or notes in anticipation of bonds issued	74270
pursuant to Chapter 133. of the Revised Code for the acquisition,	74271
construction, equipping, or repair of the specific permanent	74272
improvement or class or group of permanent improvements;	74273

(6) To provide revenue for the implementation and operation	74274
of a 9-1-1 system in the county. If the tax is levied or the rate	74275
increased exclusively for such purpose, the tax shall not be	74276
levied or the rate increased for more than five years. At the end	74277
of the last year the tax is levied or the rate increased, any	74278
balance remaining in the special fund established for such purpose	74279
shall remain in that fund and be used exclusively for such purpose	74280
until the fund is completely expended, and, notwithstanding	74281
section 5705.16 of the Revised Code, the board of county	74282
commissioners shall not petition for the transfer of money from	74283
such special fund, and the tax commissioner shall not approve such	74284
a petition.	74285

If the tax is levied or the rate increased for such purpose	74286
for more than five years, the board of county commissioners also	74287
shall levy the tax or increase the rate of the tax for one or more	74288
of the purposes described in divisions (A)(1) to (5) of this	74289
section and shall prescribe the method for allocating the revenues	74290
from the tax each year in the manner required by division (C) of	74291
this section.	74292

(7) To provide additional revenue for the operation or	74293
maintenance of a detention facility, as that term is defined under	74294
division (F) of section 2921.01 of the Revised Code;	74295

(8) To provide revenue to finance the construction or	74296
renovation of a sports facility, but only if the tax is levied for	74297
that purpose in the manner prescribed by section 5739.028 of the	74298
Revised Code.	74299

As used in division (A)(8) of this section:

74300

(a) "Sports facility" means a facility intended to house	74301
major league professional athletic teams.	74302

(b) "Constructing" or "construction" includes providing	74303
fixtures, furnishings, and equipment.	74304

(9) To provide additional revenue for the acquisition of	74305
agricultural easements, as defined in section 5301.67 of the	74306
Revised Code; to pay principal, interest, and premium on bonds	74307
issued under section 133.60 of the Revised Code; and for the	74308
supervision and enforcement of agricultural easements held by the	74309
county.	74310

Pursuant to section 755.171 of the Revised Code, a board of	74311
county commissioners may pledge and contribute revenue from a tax	74312
levied for the purpose of division (A)(5) of this section to the	74313
payment of debt charges on bonds issued under section 755.17 of	74314
the Revised Code.	74315

The rate of tax shall be a multiple of one-fourth of one per	74316
cent, unless a portion of the rate of an existing tax levied under	74317
section 5739.023 of the Revised Code has been reduced, and the	74318
rate of tax levied under this section has been increased, pursuant	74319
to section 5739.028 of the Revised Code, in which case the	74320
aggregate of the rates of tax levied under this section and	74321
section 5739.023 of the Revised Code shall be a multiple of	74322
one-fourth of one per cent. The tax shall be levied and the rate	74323
increased pursuant to a resolution adopted by a majority of the	74324
members of the board. The board shall deliver a certified copy of	74325
the resolution to the tax commissioner, not later than the	74326
sixty-fifth day prior to the date on which the tax is to become	74327
effective, which shall be the first day of a calendar quarter.	74328

Prior to the adoption of any resolution to levy the tax or to	74329
increase the rate of tax exclusively for the purpose set forth in	74330
division (A)(3) of this section, the board of county commissioners	74331
shall conduct two public hearings on the resolution, the second	74332
hearing to be no fewer than three nor more than ten days after the	74333
first. Notice of the date, time, and place of the hearings shall	74334
be given by publication in a newspaper of general circulation in	74335
the county once a week on the same day of the week for two	74336
consecutive weeks, the second publication being no fewer than ten	74337
nor more than thirty days prior to the first hearing. Except as	74338
provided in division (E) of this section, the resolution shall	74339
become effective on the first day of a calendar quarter following	74340
the expiration of sixty days from the date of its adoption,be	74341
subject to a referendum as provided in sections 305.31 to 305.41	74342
of the Revised Code. If the resolution is adopted as an emergency	74343
measure necessary for the immediate preservation of the public	74344
peace, health, or safety, it must receive an affirmative vote of	74345
all of the members of the board of county commissioners and shall	74346
state the reasons for the necessity.	74347

If the tax is for more than one of the purposes set forth in	74348
divisions (A)(1) to (7) and (9) of this section or is exclusively	74349
for one of the purposes set forth in division (A)(1), (2), (4),	74350
(5), (6), (7), or (9) of this section, the resolution shall not go	74351
into effect unless it is approved by a majority of the electors	74352
voting on the question of the tax.	74353

(B) The board of county commissioners shall adopt a	74354
resolution under section 351.02 of the Revised Code creating the	74355
convention facilities authority, or under section 307.283 of the	74356
Revised Code creating the community improvements board, before	74357
adopting a resolution levying a tax for the purpose of a	74358
convention facilities authority under division (A)(1) of this	74359
section or for the purpose of a community improvements board under	74360
division (A)(4) of this section.	74361

(C)(1) If the tax is to be used for more than one of the	74362
purposes set forth in divisions (A)(1) to (7) and (9) of this	74363
section, the board of county commissioners shall establish the	74364
method that will be used to determine the amount or proportion of	74365
the tax revenue received by the county during each year that will	74366
be distributed for each of those purposes, including, if	74367
applicable, provisions governing the reallocation of a convention	74368
facilities authority's allocation if the authority is dissolved	74369
while the tax is in effect. The allocation method may provide that	74370
different proportions or amounts of the tax shall be distributed	74371
among the purposes in different years, but it shall clearly	74372
describe the method that will be used for each year. Except as	74373
otherwise provided in division (C)(2) of this section, the	74374
allocation method established by the board is not subject to	74375
amendment during the life of the tax.	74376

(2) Subsequent to holding a public hearing on the proposed	74377
amendment, the board of county commissioners may amend the	74378
allocation method established under division (C)(1) of this	74379
section for any year, if the amendment is approved by the	74380
governing board of each entity whose allocation for the year would	74381
be reduced by the proposed amendment. In the case of a tax that is	74382
levied for a continuing period of time, the board may not so amend	74383
the allocation method for any year before the sixth year that the	74384
tax is in effect.	74385

(a) If the additional revenues provided to the convention	74386
facilities authority are pledged by the authority for the payment	74387
of convention facilities authority revenue bonds for as long as	74388
such bonds are outstanding, no reduction of the authority's	74389
allocation of the tax shall be made for any year except to the	74390
extent that the reduced authority allocation, when combined with	74391
the authority's other revenues pledged for that purpose, is	74392
sufficient to meet the debt service requirements for that year on	74393
such bonds.	74394

(b) If the additional revenues provided to the county are	74395
pledged by the county for the payment of bonds or notes described	74396
in division (A)(4) or (5) of this section, for as long as such	74397
bonds or notes are outstanding, no reduction of the county's or	74398
the community improvements board's allocation of the tax shall be	74399
made for any year, except to the extent that the reduced county or	74400
community improvements board allocation is sufficient to meet the	74401
debt service requirements for that year on such bonds or notes.	74402

(c) If the additional revenues provided to the transit	74403
authority are pledged by the authority for the payment of revenue	74404
bonds issued under section 306.37 of the Revised Code, for as long	74405
as such bonds are outstanding, no reduction of the authority's	74406
allocation of tax shall be made for any year, except to the extent	74407
that the authority's reduced allocation, when combined with the	74408
authority's other revenues pledged for that purpose, is sufficient	74409
to meet the debt service requirements for that year on such bonds.	74410

(d) If the additional revenues provided to the county are	74411
pledged by the county for the payment of bonds or notes issued	74412
under section 133.60 of the Revised Code, for so long as the bonds	74413
or notes are outstanding, no reduction of the county's allocation	74414
of the tax shall be made for any year, except to the extent that	74415
the reduced county allocation is sufficient to meet the debt	74416
service requirements for that year on the bonds or notes.	74417

(D)(1) The resolution levying the tax or increasing the rate	74418
of tax shall state the rate of the tax or the rate of the	74419
increase; the purpose or purposes for which it is to be levied;	74420
the number of years for which it is to be levied or that it is for	74421
a continuing period of time; the allocation method required by	74422
division (C) of this section; and if required to be submitted to	74423
the electors of the county under division (A) of this section, the	74424
date of the election at which the proposal shall be submitted to	74425
the electors of the county, which shall be not less than	74426
seventy-five days after the certification of a copy of the	74427
resolution to the board of elections and, if the tax is to be	74428
levied exclusively for the purpose set forth in division (A)(3) of	74429
this section, shall not occur in February or August of any year.	74430
Upon certification of the resolution to the board of elections,	74431
the board of county commissioners shall notify the tax	74432
commissioner in writing of the levy question to be submitted to	74433
the electors. If approved by a majority of the electors, the tax	74434
shall become effective on the first day of a calendar quarter next	74435
following the sixtiethsixty-fifth day following the certification	74436
of the results of the election todate the board of county	74437
commissioners and the tax commissioner byreceive from the board	74438
of elections the certification of the results of the election,	74439
except as provided in division (E) of this section.	74440

(2)(a) A resolution specifying that the tax is to be used	74441
exclusively for the purpose set forth in division (A)(3) of this	74442
section that is not adopted as an emergency measure may direct the	74443
board of elections to submit the question of levying the tax or	74444
increasing the rate of the tax to the electors of the county at a	74445
special election held on the date specified by the board of county	74446
commissioners in the resolution, provided that the election occurs	74447
not less than seventy-five days after the resolution is certified	74448
to the board of elections and the election is not held in February	74449
or August of any year. Upon certification of the resolution to the	74450
board of elections, the board of county commissioners shall notify	74451
the tax commissioner in writing of the levy question to be	74452
submitted to the electors. No resolution adopted under division	74453
(D)(2)(a) of this section shall go into effect unless approved by	74454
a majority of those voting upon it and, except as provided in	74455
division (E) of this section, not until the first day of a	74456
calendar quarter following the expiration of sixty-five days from	74457
the date of the notice to the tax commissioner byreceives notice	74458
from the board of elections of the affirmative vote.	74459

(b) A resolution specifying that the tax is to be used	74460
exclusively for the purpose set forth in division (A)(3) of this	74461
section that is adopted as an emergency measure shall become	74462
effective as provided in division (A) of this section, but may	74463
direct the board of elections to submit the question of repealing	74464
the tax or increase in the rate of the tax to the electors of the	74465
county at the next general election in the county occurring not	74466
less than seventy-five days after the resolution is certified to	74467
the board of elections. Upon certification of the resolution to	74468
the board of elections, the board of county commissioners shall	74469
notify the tax commissioner in writing of the levy question to be	74470
submitted to the electors. The ballot question shall be the same	74471
as that prescribed in section 5739.022 of the Revised Code. The	74472
board of elections shall notify the board of county commissioners	74473
and the tax commissioner of the result of the election immediately	74474
after the result has been declared. If a majority of the qualified	74475
electors voting on the question of repealing the tax or increase	74476
in the rate of the tax vote for repeal of the tax or repeal of the	74477
increase, the board of county commissioners, on the first day of a	74478
calendar quarter following the expiration of sixty-five days after	74479
the date itthe board and tax commissioner received notice of the	74480
result of the election, shall, in the case of a repeal of the tax,	74481
cease to levy the tax, or, in the case of a repeal of an increase	74482
in the rate of the tax, cease to levy the increased rate and levy	74483
the tax at the rate at which it was imposed immediately prior to	74484
the increase in rate.	74485

(c) A board of county commissioners, by resolution, may	74486
reduce the rate of a tax levied exclusively for the purpose set	74487
forth in division (A)(3) of this section to a lower rate	74488
authorized by this section. Any such reduction shall be made	74489
effective on the first day of the calendar quarter specified in	74490
the resolution, but not sooner than the first day of the month	74491
next following the sixtiethsixty-fifth day after the resolution	74492
is certified to the tax commissioner receives a certified copy of	74493
the resolution from the board.	74494

(E) If a vendor that is registered with the central	74495
electronic registration system provided for in section 5740.05 of	74496
the Revised Code makes a sale in this state by printed catalog and	74497
the consumer computed the tax on the sale based on local rates	74498
published in the catalog, any tax levied or repealed or rate	74499
changed under this section shall not apply to such a sale until	74500
the first day of a calendar quarter following the expiration of	74501
one hundred twenty days from the date of notice by the tax	74502
commissioner to the vendor, or to the vendor's certified service	74503
provider, if the vendor has selected onepursuant to division (G)	74504
of this section.	74505

(F) The tax levied pursuant to this section shall be in	74506
addition to the tax levied by section 5739.02 of the Revised Code	74507
and any tax levied pursuant to section 5739.021 or 5739.023 of the	74508
Revised Code.	74509

A county that levies a tax pursuant to this section shall	74510
levy a tax at the same rate pursuant to section 5741.023 of the	74511
Revised Code.	74512

The additional tax levied by the county shall be collected	74513
pursuant to section 5739.025 of the Revised Code.	74514

Any tax levied pursuant to this section is subject to the	74515
exemptions provided in section 5739.02 of the Revised Code and in	74516
addition shall not be applicable to sales not within the taxing	74517
power of a county under the Constitution of the United States or	74518
the Ohio Constitution.	74519

(G) Upon receipt from a board of county commissioners of a	74520
certified copy of a resolution required by division (A) of this	74521
section, or from the board of elections a notice of the results of	74522
an election required by division (D)(1), (2)(a), (b), or (c) of	74523
this section, the tax commissioner shall provide notice of a tax	74524
rate change in a manner that is reasonably accessible to all	74525
affected vendors. The commissioner shall provide this notice at	74526
least sixty days prior to the effective date of the rate change.	74527
The commissioner, by rule, may establish the method by which	74528
notice will be provided.	74529

Sec. 5739.03.  Except as provided in section 5739.05 of the	74530
Revised Code, the tax imposed by or pursuant to section 5739.02,	74531
5739.021, 5739.023, or 5739.026 of the Revised Code shall be paid	74532
by the consumer to the vendor, and each vendor shall collect from	74533
the consumer, as a trustee for the state of Ohio, the full and	74534
exact amount of the tax payable on each taxable sale, in the	74535
manner and at the times provided as follows:	74536

(A) If the price is, at or prior to the provision of the	74537
service or the delivery of possession of the thing sold to the	74538
consumer, paid in currency passed from hand to hand by the	74539
consumer or the consumer's agent to the vendor or the vendor's	74540
agent, the vendor or the vendor's agent shall collect the tax with	74541
and at the same time as the price;	74542

(B) If the price is otherwise paid or to be paid, the vendor	74543
or the vendor's agent shall, at or prior to the provision of the	74544
service or the delivery of possession of the thing sold to the	74545
consumer, charge the tax imposed by or pursuant to section	74546
5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code to	74547
the account of the consumer, which amount shall be collected by	74548
the vendor from the consumer in addition to the price. Such sale	74549
shall be reported on and the amount of the tax applicable thereto	74550
shall be remitted with the return for the period in which the sale	74551
is made, and the amount of the tax shall become a legal charge in	74552
favor of the vendor and against the consumer.	74553

If any sale is claimed to be exempt under division (E) of	74554
section 5739.01 of the Revised Code or under section 5739.02 of	74555
the Revised Code, with the exception of divisions (B)(1) to (11)	74556
or (28) of section 5739.02 of the Revised Code, the consumer must	74557
furnish to the vendor, and the vendor must obtain from the	74558
consumer, a certificate specifying the reason that the sale is not	74559
legally subject to the tax. If the transaction is claimed to be	74560
exempt under division (B)(13) of section 5739.02 of the Revised	74561
Code, the exemption certificate shall be signed by both the	74562
contractor and the contractee and such contractee shall be deemed	74563
to be the consumer of all items purchased under such claim of	74564
exemption in the event it is subsequently determined that the	74565
exemption is not properly claimed. The certificate shall be in	74566
such form as the tax commissioner by regulation prescribes. If no	74567
certificate is furnished or obtained within the period for filing	74568
the return for the period in which such sale is consummated, it	74569
shall be presumed that the tax applies. The Failure to have so	74570
furnished, or to have so obtained, a certificate shall not prevent	74571
a vendor or consumer from establishing that the sale is not	74572
subjuctsubject to the tax within sixty one hundred twenty days of	74573
the giving of notice by the commissioner of intention to levy an	74574
assassmentassessment, in which event the tax shall not apply.	74575

Certificates need not be obtained nor furnished where the	74576
identity of the consumer is such that the transaction is never	74577
subject to the tax imposed or where the item of tangible personal	74578
property sold or the service provided is never subject to the tax	74579
imposed, regardless of use, or when the sale is in interstate	74580
commerce.	74581

(C) As used in this division, "contractee" means a person who	74582
seeks to enter or enters into a contract or agreement with a	74583
contractor or vendor for the construction of real property or for	74584
the sale and installation onto real property of tangible personal	74585
property.	74586

Any contractor or vendor may request from any contractee a	74587
certification of what portion of the property to be transferred	74588
under such contract or agreement is to be incorporated into the	74589
realty and what portion will retain its status as tangible	74590
personal property after installation is completed. The contractor	74591
or vendor shall request the certification by certified mail	74592
delivered to the contractee, return receipt requested. Upon	74593
receipt of such request and prior to entering into the contract or	74594
agreement, the contractee shall furnish to the contractor or	74595
vendor a certification sufficiently detailed to enable the	74596
contractor or vendor to ascertain the resulting classification of	74597
all materials purchased or fabricated by the contractor or vendor	74598
and transferred to the contractee. This requirement applies to a	74599
contractee regardless of whether the contractee holds a direct	74600
payment permit under section 5739.031 of the Revised Code or	74601
furnishes to the contractor or vendor an exemption certificate as	74602
provided under this section.	74603

For the purposes of the taxes levied by this chapter and	74604
Chapter 5741. of the Revised Code, the contractor or vendor may in	74605
good faith rely on the contractee's certification. Notwithstanding	74606
division (B) of section 5739.01 of the Revised Code, if the tax	74607
commissioner determines that certain property certified by the	74608
contractee as tangible personal property pursuant to this division	74609
is, in fact, real property, the contractee shall be considered to	74610
be the consumer of all materials so incorporated into that real	74611
property and shall be liable for the applicable tax, and the	74612
contractor or vendor shall be excused from any liability on those	74613
materials.	74614

If a contractee fails to provide such certification upon the	74615
request of the contractor or vendor, the contractor or vendor	74616
shall comply with the provisions of this chapter and Chapter 5741.	74617
of the Revised Code without the certification. If the tax	74618
commissioner determines that such compliance has been performed in	74619
good faith and that certain property treated as tangible personal	74620
property by the contractor or vendor is, in fact, real property,	74621
the contractee shall be considered to be the consumer of all	74622
materials so incorporated into that real property and shall be	74623
liable for the applicable tax and the construction contractor or	74624
vendor shall be excused from any liability on those materials.	74625

This division does not apply to any contract or agreement	74626
where the tax commissioner determines as a fact that a	74627
certification under this division was made solely on the decision	74628
or advice of the contractor or vendor.	74629

(D) Notwithstanding division (B) of section 5739.01 of the	74630
Revised Code, whenever the total rate of tax imposed under this	74631
chapter is increased after the date after a construction contract	74632
is entered into, the contractee shall reimburse the construction	74633
contractor for any additional tax paid on tangible property	74634
consumed or services received pursuant to the contract.	74635

(E) A vendor who files a petition for reassessment contesting	74636
the assessment of tax on sales for which the vendor obtained no	74637
valid exemption certificates and for which the vendor failed to	74638
establish that the sales were properly not subject to the tax	74639
during the one-hundred-twenty-day period allowed under division	74640
(B) of this section, may present to the tax commissioner	74641
additional evidence to prove that the sales were properly subject	74642
to a claim of exception or exemption. The vendor shall file such	74643
evidence within ninety days of the receipt by the vendor of the	74644
notice of assessment, except that, upon application and for	74645
reasonable cause, the period for submitting such evidence shall be	74646
extended thirty days.	74647

The commissioner shall consider such additional evidence in	74648
reaching the final determination on the assessment and petition	74649
for reassessment.	74650

(F) Whenever a vendor refunds to the consumer the full price	74651
of an item of tangible personal property on which the tax imposed	74652
under this chapter has been paid, the vendor shall also refund the	74653
full amount of the tax paid.	74654

Sec. 5739.032.  (A) If the total amount of tax required to be	74655
paid by a permit holder under section 5739.031 of the Revised Code	74656
for any calendar year indicated in the following schedule equals	74657
or exceeds the amounts prescribed for that year in the schedule	74658
seventy-five thousand dollars, the permit holder shall remit each	74659
monthly tax payment in the second ensuing and each succeeding year	74660
by electronic funds transfer as prescribed by division (B) of this	74661
section.	74662

If a permit holder's tax payment for each of two consecutive	74665
years beginning with 2000 is less than sixtyseventy-five thousand	74666
dollars, the permit holder is relieved of the requirement to remit	74667
taxes by electronic funds transfer for the year that next follows	74668
the second of the consecutive years in which the tax payment is	74669
less than sixty thousand dollarsthat amount, and is relieved of	74670
that requirement for each succeeding year, unless the tax payment	74671
in a subsequent year equals or exceeds sixtyseventy-five thousand	74672
dollars.	74673

The tax commissioner shall notify each permit holder required	74674
to remit taxes by electronic funds transfer of the permit holder's	74675
obligation to do so, shall maintain an updated list of those	74676
permit holders, and shall timely certify the list and any	74677
additions thereto or deletions therefrom to the treasurer of	74678
state. Failure by the tax commissioner to notify a permit holder	74679
subject to this section to remit taxes by electronic funds	74680
transfer does not relieve the permit holder of its obligation to	74681
remit taxes by electronic funds transfer.	74682

(B) Permit holders required by division (A) of this section	74683
to remit payments by electronic funds transfer shall remit such	74684
payments to the treasurer of state in the manner prescribed by	74685
this section and rules adopted by the treasurer of state under	74686
section 113.061 of the Revised Code, and on or before the	74687
following dates:	74688

(1) On or before each of the eleventh, eighteenth,fifteenth	74689
and twenty-fifth days of each month, a permit holder shall remit	74690
an amount equal to one-fourththirty-seven and one-half per cent	74691
of the permit holder's total tax liability for the same month in	74692
the preceding calendar year.	74693

(2) On or before the twenty-third day of each month, a permit	74694
holder shall report the taxes due for the previous month and shall	74695
remit that amount, less any amounts paid for that month as	74696
required by division (B)(1) of this section.	74697

The payment of taxes by electronic funds transfer does not	74698
affect a permit holder's obligation to file the monthly return as	74699
required under section 5739.031 of the Revised Code.	74700

(C) A permit holder required by this section to remit taxes	74701
by electronic funds transfer may apply to the treasurer of state	74702
in the manner prescribed by the treasurer of state to be excused	74703
from that requirement. The treasurer of state may excuse the	74704
permit holder from remittance by electronic funds transfer for	74705
good cause shown for the period of time requested by the permit	74706
holder or for a portion of that period. The treasurer of state	74707
shall notify the tax commissioner and the permit holder of the	74708
treasurer of state's decision as soon as is practicable.	74709

(D)(1) If a permit holder that is required to remit payments	74710
under division (B) of this section fails to make a payment, the	74711
commissioner may impose an additional charge not to exceed five	74712
per cent of that unpaid amount.	74713

(2) If a permit holder required by this section to remit	74714
taxes by electronic funds transfer remits those taxes by some	74715
means other than by electronic funds transfer as prescribed by	74716
this section and the rules adopted by the treasurer of state, and	74717
the tax commissioner determines that such failure was not due to	74718
reasonable cause or was due to willful neglect, the commissioner	74719
may impose an additional charge not to exceed the lesser of five	74720
per cent of the amount of the taxes required to be paid by	74721
electronic funds transfer or five thousand dollars.	74722

(3) Any additional charge imposed under division (D)(1) or	74723
(2) of this section is in addition to any other penalty or charge	74724
imposed under this chapter, and shall be considered as revenue	74725
arising from taxes imposed under this chapter. An additional	74726
charge may be collected by assessment in the manner prescribed by	74727
section 5739.13 of the Revised Code. The tax commissioner may	74728
waive all or a portion of such a charge and may adopt rules	74729
governing such waiver.	74730

No additional charge shall be imposed under division (D)(2)	74731
of this section against a permit holder that has been notified of	74732
its obligation to remit taxes under this section and that remits	74733
its first two tax payments after such notification by some means	74734
other than electronic funds transfer. The additional charge may be	74735
imposed upon the remittance of any subsequent tax payment that the	74736
permit holder remits by some means other than electronic funds	74737
transfer.	74738

Sec. 5739.033.  The amount of tax due pursuant to sections	74739
5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code is	74740
the sum of the taxes imposed pursuant to those sections at the	74741
situs of the sale as determined under this section or, if	74742
applicable, under division (C) of section 5739.031 of the Revised	74743
Code.	74744

(A) Except as otherwise provided in this section, division	74745
(C) of section 5739.031, and section 5739.034 of the Revised Code,	74746
the situs of all sales is the vendor's place of business.	74747

(1) If the consumer or the consumer's agent takes possession	74748
of the tangible personal property at a place of business of the	74749
vendor where the purchase contract or agreement was made, the	74750
situs of the sale is that place of business.	74751

(2) If the consumer or the consumer's agent takes possession	74752
of the tangible personal property other than at a place of	74753
business of the vendor, or takes possession at a warehouse or	74754
similar facility of the vendor, the situs of the sale is the	74755
vendor's place of business where the purchase contract or	74756
agreement was made or the purchase order was received.	74757

(3) If the vendor provides a service specified in division	74758
(B)(3)(a), (b), (c), (d), (n), or (o), (r), (s), or (t) of section	74759
5739.01 or makes a sale specified in division (B)(8) of section	74760
5739.01 of the Revised Code, the situs of the sale is the vendor's	74761
place of business where the service is performed or the contract	74762
or agreement for the service was made or the purchase order was	74763
received.	74764

(B) If the vendor is a transient vendor as specified in	74765
division (B) of section 5739.17 of the Revised Code, the situs of	74766
the sale is the vendor's temporary place of business or, if the	74767
transient vendor is the lessor of titled motor vehicles, titled	74768
watercraft, or titled outboard motors, at the location where the	74769
lessee keeps the leased property.	74770

(C) If the vendor makes sales of tangible personal property	74771
from a stock of goods carried in a motor vehicle, from which the	74772
purchaser makes selection and takes possession, or from which the	74773
vendor sells tangible personal property the quantity of which has	74774
not been determined prior to the time the purchaser takes	74775
possession, the situs of the sale is the location of the motor	74776
vehicle when the sale is made.	74777

(D) If the vendor is a delivery vendor as specified in	74778
division (D) of section 5739.17 of the Revised Code, the situs of	74779
the sale is the place where the tangible personal property is	74780
delivered, where the leased property is used, or where the service	74781
is performed or received.	74782

(E) If the vendor provides a service specified in division	74783
(B)(3)(e), (g), (h), (j), (k), (l), or (m), (q), or (u) of section	74784
5739.01 of the Revised Code, the situs of the sale is the location	74785
of the consumer where the service is performed or received.	74786

(F) Except as provided in division (I) or (J) of this	74787
section:	74788

(1) If the vendor provides a service specified in division	74789
(B)(3)(f) or (i) of section 5739.01 of the Revised Code, the situs	74790
of the sale is the location of the telephone number or account as	74791
reflected in the records of the vendor.	74792

(2) In the case of a telecommunications service, if the	74793
telephone number or account is located outside this state, the	74794
situs of the sale is the location in this state from which the	74795
service originated.	74796

(G) If the vendor provides lodging to transient guests as	74797
specified in division (B)(2) of section 5739.01 of the Revised	74798
Code, the situs of the sale is the location where the lodging is	74799
located.	74800

(H)(G) If the vendor sells a warranty, maintenance or service	74801
contract, or similar agreement as specified in division (B)(7) of	74802
section 5739.01 of the Revised Code and the vendor is a delivery	74803
vendor, the situs of the sale is the location of the consumer. If	74804
the vendor is not a delivery vendor, the situs of the sale is the	74805
vendor's place of business where the contract or agreement was	74806
made, unless the warranty or contract is a component of the sale	74807
of a titled motor vehicle, titled watercraft, or titled outboard	74808
motor, in which case the situs of the sale is the county of	74809
titling.	74810

(I) Except as otherwise provided in this division, if the	74811
vendor sells a prepaid authorization number or a prepaid telephone	74812
calling card, the situs of the sale is the vendor's place of	74813
business and shall be taxed at the time of sale. If the vendor	74814
sells a prepaid authorization number or prepaid telephone calling	74815
card through a telephone call, electronic commerce, or any other	74816
form of remote commerce, the situs of the sale is the consumer's	74817
shipping address, or, if there is no item shipped, at the	74818
consumer's billing address.	74819

Sec. 5739.034. (A) As used in this section:

74820

(1) "Air-to-ground radiotelephone service" means a radio	74821
service, as defined in 47 C.F.R. 22.99, in which common carriers	74822
are authorized to offer and provide radio telecommunications	74823
service for hire to subscribers in aircraft.	74824

(2) "Call-by-call basis" means any method of charging for	74825
telecommunications services where the price is measured by	74826
individual calls.	74827

(3) "Customer" means the person or entity that contracts with	74828
a seller of telecommunications service. If the end user of	74829
telecommunications service is not the contracting party, the end	74830
user of the telecommunications service is the customer of the	74831
telecommunications service. "Customer" does not include a reseller	74832
of telecommunications service or of mobile telecommunications	74833
service of a serving carrier under an agreement to serve the	74834
customer outside the home service provider's licensed service	74835
area.	74836

(4) "End user" means the person who utilizes the	74837
telecommunications service. In the case of a person other than an	74838
individual, "end user" means the individual who utilizes the	74839
service on behalf of the person.	74840

(5) "Home service provider" has the same meaning as in the	74841
"Mobile Telecommunications Sourcing Act," Pub. L. No. 106-252, 114	74842
Stat. 631 (2000), 4 U.S.C. 124(5), as amended.	74843

(6) "Place of primary use" means the street address	74844
representative of where the customer's use of the	74845
telecommunications service primarily occurs, which must be the	74846
residential street address or the primary business street address	74847
of the customer. In the case of mobile telecommunications	74848
services, "place of primary use" must be within the licensed	74849
service area of the home service provider.	74850

(7) "Post-paid calling service" means the telecommunications	74851
service obtained by making a payment on a call-by-call basis	74852
either through the use of a credit card or payment mechanism such	74853
as a bank card, travel card, credit card, or debit card, or by	74854
charge made to a telephone number that is not associated with the	74855
origination or termination of the telecommunications service.	74856
"Post-paid calling service" includes a telecommunications service	74857
that would be a prepaid calling service, but for the fact that it	74858
is not exclusively a telecommunications service.	74859

(8) "Prepaid calling service" means the right to access	74860
exclusively a telecommunications service that must be paid for in	74861
advance, that enables the origination of calls using an access	74862
number or authorization code, whether manually or electronically	74863
dialed, and that is sold in predetermined units or dollars of	74864
which the number declines with use in a known amount.	74865

(9) "Service address" means:

74866

(a) The location of the telecommunications equipment to which	74867
a customer's call is charged and from which the call originates or	74868
terminates, regardless of where the call is billed or paid.	74869

(b) If the location in division (A)(9)(a) of this section is	74870
not known, "service address" means the origination point of the	74871
signal of the telecommunications service first identified by	74872
either the seller's telecommunications system or in information	74873
received by the seller from its service provider, where the system	74874
used to transport such signals is not that of the seller.	74875

(c) If the locations in divisions (A)(9)(a) and (b) of this	74876
section are not known, "service address" means the location of the	74877
customer's place of primary use.	74878

(B) The amount of tax due pursuant to sections 5739.02,	74879
5739.021, 5739.023, and 5739.026 of the Revised Code on sales of	74880
telecommunications service, information service, or mobile	74881
telecommunications service, is the sum of the taxes imposed	74882
pursuant to those sections at the sourcing location of the sale as	74883
determined under this section.	74884

(C) Except for the telecommunications services described in	74885
division (E) of this section, the sale of telecommunications	74886
service sold on a call-by-call basis shall be sourced to each	74887
level of taxing jurisdiction where the call originates and	74888
terminates in that jurisdiction, or each level of taxing	74889
jurisdiction where the call either originates or terminates and in	74890
which the service address also is located.	74891

(D) Except for the telecommunications services described in	74892
division (E) of this section, a sale of telecommunications	74893
services sold on a basis other than a call-by-call basis shall be	74894
sourced to the customer's place of primary use.	74895

(E) The sale of the following telecommunications services	74896
shall be sourced to each level of taxing jurisdiction, as follows:	74897

(1) A sale of mobile telecommunications service, other than	74898
air-to-ground radiotelephone service and prepaid calling service,	74899
shall be sourced to the customer's place of primary use as	74900
required by the Mobile Telecommunications Sourcing Act.	74901

(2) A sale of post-paid calling service shall be sourced to	74902
the origination point of the telecommunications signal as first	74903
identified by the service provider's telecommunications system, or	74904
information received by the seller from its service provider,	74905
where the system used to transport such signals is not that of the	74906
seller.	74907

(3) A sale of prepaid calling service shall be sourced under	74908
section 5739.033 of the Revised Code; but in the case of a sale of	74909
mobile telecommunications service that is a prepaid	74910
telecommunications service, in lieu of sourcing the service under	74911
division (A)(5) of section 5739.033 of the Revised Code, the	74912
service may be sourced to the location associated with the mobile	74913
telephone number.	74914

Sec. 5739.10.  (A) In addition to the tax levied inby	74915
section 5739.02 of the Revised Code and any tax levied pursuant to	74916
section 5739.021, 5739.023, or 5739.026 of the Revised Code, and	74917
to secure the same objectives specified in saidthose sections,	74918
there is hereby levied upon the privilege of engaging in the	74919
business of making retail sales, an excise tax of five per cent,	74920
or, in the case of retail sales subject to a tax levied pursuant	74921
to section 5739.021, 5739.023, or 5739.026 of the Revised Code, a	74922
percentage equal to the aggregate rate of such taxes and the tax	74923
levied by section 5739.02 of the Revised Code of the receipts	74924
derived from all retail sales, except retail sales under sixteen	74925
cents and those to which the excise tax imposed by section 5739.02	74926
of the Revised Code is made inapplicable by division (B) of said	74927
that section.	74928

(B) For the purpose of this section, no vendor shall be	74929
required to maintain records of individual retail sales of	74930
tangible personal property under sixteen cents or sales of food	74931
for human consumption off the premises where sold, and no	74932
assessment shall be made against any vendor for retail sales of	74933
less than sixteen cents or for sales of food for human consumption	74934
off the premises where sold, solely because the vendor has no	74935
records of, or has inadequate records of, retail sales of less	74936
than sixteen cents orsuch sales of food for human consumption off	74937
the premises where sold; provided that where a vendor does not	74938
have adequate records of receipts from his retail sales in excess	74939
of fifteen cents orthe vendor's sales of food for human	74940
consumption on the premises where sold, the tax commissioner may	74941
refuse to accept the vendor's return and, upon the basis of test	74942
checks of the vendor's business for a representative period, and	74943
other information relating to the sales made by such vendor,	74944
determine the proportion that taxable retail sales bear to all his	74945
of the vendor's retail sales. The tax imposed by this section	74946
shall be determined by deducting from the sum representing five	74947
per cent, or, in the case of retail sales subject to a tax levied	74948
pursuant to section 5739.021, 5739.023, or 5739.026 of the Revised	74949
Code, a percentage equal to the aggregate rate of such taxes and	74950
the tax levied by section 5739.02 of the Revised Code of the	74951
receipts from such retail sales, the amount of tax paid to the	74952
state or to a clerk of a court of common pleas. The section does	74953
not affect any duty of the vendor under sections 5739.01 to	74954
5739.19 and 5739.26 to 5739.31 of the Revised Code, nor the	74955
liability of any consumer to pay any tax imposed by or pursuant to	74956
section 5739.02, 5739.021, 5739.023, or 5739.026 of the Revised	74957
Code.	74958

Sec. 5739.12. (A) Each person who has or is required to have	74959
a vendor's license, on or before the twenty-third day of each	74960
month, shall make and file a return for the preceding month, on	74961
forms prescribed by the tax commissioner, and shall pay the tax	74962
shown on the return to be due. The commissioner may require a	74963
vendor that operates from multiple locations or has multiple	74964
vendor's licenses to report all tax liabilities on one	74965
consolidated return. The return shall show the amount of tax due	74966
from the vendor to the state for the period covered by the return	74967
and such other information as the commissioner deems necessary for	74968
the proper administration of this chapter. The commissioner may	74969
extend the time for making and filing returns and paying the tax,	74970
and may require that the return for the last month of any annual	74971
or semiannual period, as determined by the commissioner, be a	74972
reconciliation return detailing the vendor's sales activity for	74973
the preceding annual or semiannual period. The reconciliation	74974
return shall be filed by the last day of the month following the	74975
last month of the annual or semiannual period. The commissioner	74976
may remit all or any part of amounts or penalties that may become	74977
due under this chapter and may adopt rules relating thereto. Such	74978
return shall be filed by mailing it to the tax commissioner,	74979
together with payment of the amount of tax shown to be due thereon	74980
after deduction of any discount provided for under this section.	74981
Remittance shall be made payable to the treasurer of state. The	74982
return shall be considered filed when received by the tax	74983
commissioner, and the payment shall be considered made when	74984
received by the tax commissioner or when credited to an account	74985
designated by the treasurer of state or the tax commissioner.	74986

(B) If the return is filed and the amount of tax shown	74987
thereon to be due is paid on or before the date such return is	74988
required to be filed, the vendor shall be entitled to athe	74989
following discount of three-fourths:	74990

(1) On and after July 1, 2003, and on and before June 30,	74991
2005, one and one-tenth per cent of the amount shown to be due on	74992
the return;	74993

(2) On and after July 1, 2005, three-fourths of one per cent	74994
of the amount shown to be due on the return, but a.	74995

A vendor that has selected a certified service provider as	74996
its agent shall not be entitled to the discount. Amounts paid to	74997
the clerk of courts pursuant to section 4505.06 of the Revised	74998
Code shall be subject to the three-fourths of one per cent	74999
applicable discount. The discount shall be in consideration for	75000
prompt payment to the clerk of courts and for other services	75001
performed by the vendor in the collection of the tax.	75002

(C)(1) Upon application to the commissioner, a vendor who is	75003
required to file monthly returns may be relieved of the	75004
requirement to report and pay the actual tax due, provided that	75005
the vendor agrees to remit to the tax commissioner payment of not	75006
less than an amount determined by the commissioner to be the	75007
average monthly tax liability of the vendor, based upon a review	75008
of the returns or other information pertaining to such vendor for	75009
a period of not less than six months nor more than two years	75010
immediately preceding the filing of the application. Vendors who	75011
agree to the above conditions shall make and file an annual or	75012
semiannual reconciliation return, as prescribed by the	75013
commissioner. The reconciliation return shall be filed by mailing	75014
or delivering it to the tax commissioner, together with payment of	75015
the amount of tax shown to be due thereon after deduction of any	75016
discount provided in this section. Remittance shall be made	75017
payable to the treasurer of state. Failure of a vendor to comply	75018
with any of the above conditions may result in immediate	75019
reinstatement of the requirement of reporting and paying the	75020
actual tax liability on each monthly return, and the commissioner	75021
may at the commissioner's discretion deny the vendor the right to	75022
report and pay based upon the average monthly liability for a	75023
period not to exceed two years. The amount ascertained by the	75024
commissioner to be the average monthly tax liability of a vendor	75025
may be adjusted, based upon a review of the returns or other	75026
information pertaining to the vendor for a period of not less than	75027
six months nor more than two years preceding such adjustment.	75028

(2) The commissioner may authorize vendors whose tax	75029
liability is not such as to merit monthly returns, as ascertained	75030
by the commissioner upon the basis of administrative costs to the	75031
state, to make and file returns at less frequent intervals. When	75032
returns are filed at less frequent intervals in accordance with	75033
such authorization, the vendor shall be allowed the discount of	75034
three-fourths of one per centprovided in this section in	75035
consideration for prompt payment with the return, provided the	75036
return is filed together with payment of the amount of tax shown	75037
to be due thereon, at the time specified by the commissioner, but	75038
a vendor that has selected a certified service provider as its	75039
agent shall not be entitled to the discount.	75040

(D) Any vendor who fails to file a return or pay the full	75041
amount of the tax shown on the return to be due under this section	75042
and the rules of the commissioner may, for each such return the	75043
vendor fails to file or each such tax the vendor fails to pay in	75044
full as shown on the return within the period prescribed by this	75045
section and the rules of the commissioner, be required to forfeit	75046
and pay into the state treasury an additional charge not exceeding	75047
fifty dollars or ten per cent of the tax required to be paid for	75048
the reporting period, whichever is greater, as revenue arising	75049
from the tax imposed by this chapter, and such sum may be	75050
collected by assessment in the manner provided in section 5739.13	75051
of the Revised Code. The commissioner may remit all or a portion	75052
of the additional charge and may adopt rules relating to the	75053
imposition and remission of the additional charge.	75054

(E) If the amount required to be collected by a vendor from	75055
consumers is in excess of five per centthe applicable percentage	75056
of the vendor's receipts from sales that are taxable under section	75057
5739.02 of the Revised Code, or in the case of sales subject to a	75058
tax levied pursuant to section 5739.021, 5739.023, or 5739.026 of	75059
the Revised Code, in excess of the percentage equal to the	75060
aggregate rate of such taxes and the tax levied by section 5739.02	75061
of the Revised Code, such excess shall be remitted along with the	75062
remittance of the amount of tax due under section 5739.10 of the	75063
Revised Code.	75064

(F) The commissioner, if the commissioner deems it necessary	75065
in order to insure the payment of the tax imposed by this chapter,	75066
may require returns and payments to be made for other than monthly	75067
periods. The returns shall be signed by the vendor or the vendor's	75068
authorized agent.	75069

(G) Any vendor required to file a return and pay the tax	75070
under this section, whose total payment in any year indicated in	75071
division (A) of section 5739.122 of the Revised Code equals or	75072
exceeds the amount shown in that division (A) of section 5739.122	75073
of the Revised Code, shall make each payment required by this	75074
section in the second ensuing and each succeeding year by	75075
electronic funds transfer as prescribed by, and on or before the	75076
dates specified in, section 5739.122 of the Revised Code, except	75077
as otherwise prescribed by that section. For a vendor that	75078
operates from multiple locations or has multiple vendor's	75079
licenses, in determining whether the vendor's total payment equals	75080
or exceeds the amount shown in division (A) of that section, the	75081
vendor's total payment amount shall be the amount of the vendor's	75082
total tax liability for the previous calendar year for all of the	75083
vendor's locations or licenses.	75084

Sec. 5739.121. (A) As used in this section, "bad debt" means	75085
any debt that has become worthless or uncollectible in the time	75086
period between a vendor's preceding return and the present return,	75087
havehas been uncollected for at least six months, and that may be	75088
claimed as a deduction pursuant to the "Internal Revenue Code of	75089
1954," 68A Stat. 50, 26 U.S.C. 166, as amended, and regulations	75090
adopted pursuant thereto, or that could be claimed as such a	75091
deduction if the vendor kept accounts on an accrual basis. "Bad	75092
debt" does not include any interest or sales tax on the purchase	75093
price, uncollectible amounts on property that remains in the	75094
possession of the vendor until the full purchase price is paid,	75095
expenses incurred in attempting to collect any account receivable	75096
or for any portion of the debt recovered, any accounts receivable	75097
that have been sold to a third party for collection, and	75098
repossessed property.	75099

(B) In computing taxable receipts for purposes of this	75100
chapter, a vendor may deduct the amount of bad debts, as defined	75101
in this section. The amount deducted must be charged off as	75102
uncollectible on the books of the vendor. A deduction may be	75103
claimed only with respect to bad debts on which the taxes pursuant	75104
to sections 5739.10 and 5739.12 of the Revised Code were paid in a	75105
preceding tax period. If the vendor's business consists of taxable	75106
and nontaxable transactions, the deduction shall equal the full	75107
amount of the debt if the debt is documented as a taxable	75108
transaction in the vendor's records. If no such documentation is	75109
available, the maximum deduction on any bad debt shall equal the	75110
amount of the bad debt multiplied by the quotient obtained by	75111
dividing the sales taxed pursuant to this chapter during the	75112
preceding calendar year by all sales during the preceding calendar	75113
year, whether taxed or not. If a consumer or other person pays all	75114
or part of a bad debt with respect to which a vendor claimed a	75115
deduction under this section, the vendor shall be liable for the	75116
amount of taxes deducted in connection with that portion of the	75117
debt for which payment is received and shall remit such taxes in	75118
the vendor's next payment to the tax commissioner.	75119

(C) Any claim for a bad debt deduction under this section	75120
shall be supported by such evidence as the tax commissioner by	75121
rule requires. The commissioner shall review any change in the	75122
rate of taxation applicable to any taxable sales by a vendor	75123
claiming a deduction pursuant to this section and adopt rules for	75124
altering the deduction in the event of such a change in order to	75125
ensure that the deduction on any bad debt does not result in the	75126
vendor claiming the deduction recovering any more or less than the	75127
taxes imposed on the sale that constitutes the bad debt.	75128

(D) In any reporting period in which the amount of bad debt	75129
exceeds the amount of taxable sales for the period, the vendor may	75130
file a refund claim for any tax collected on the bad debt in	75131
excess of the tax reported on the return. The refund claim shall	75132
be filed in the manner provided in section 5739.07 of the Revised	75133
Code, except that the claim may be filed within four years of the	75134
due date of the return on which the bad debt first could have been	75135
claimed.	75136

(E) When the filing responsibilities of a vendor have been	75137
assumed by a certified service provider, the certified service	75138
provider shall claim the bad debt allowance provided by this	75139
section on behalf of the vendor. The certified service provider	75140
shall credit or refund to the vendor the full amount of any bad	75141
debt allowance or refund.	75142

(F) No person other than the vendor in the transaction that	75143
generated the bad debt or, as provided in division (E) of this	75144
section, a certified service provider, may claim the bad debt	75145
allowance provided by this section.	75146

Sec. 5739.122.  (A) If the total amount of tax required to be	75147
paid by a vendor under section 5739.12 of the Revised Code for any	75148
calendar year indicated in the following schedule equals or	75149
exceeds the amounts prescribed for that year in the schedule	75150
seventy-five thousand dollars, the vendor shall remit each monthly	75151
tax payment in the second ensuing and each succeeding tax year by	75152
electronic funds transfer as prescribed by divisions (B) and (C)	75153
of this section.	75154

If a vendor's tax payment for each of two consecutive years	75157
beginning with 2000 is less than sixtyseventy-five thousand	75158
dollars, the vendor is relieved of the requirement to remit taxes	75159
by electronic funds transfer for the year that next follows the	75160
second of the consecutive years in which the tax payment is less	75161
than sixty thousand dollarsthat amount, and is relieved of that	75162
requirement for each succeeding year, unless the tax payment in a	75163
subsequent year equals or exceeds sixtyseventy-five thousand	75164
dollars.	75165

The tax commissioner shall notify each vendor required to	75166
remit taxes by electronic funds transfer of the vendor's	75167
obligation to do so, shall maintain an updated list of those	75168
vendors, and shall timely certify the list and any additions	75169
thereto or deletions therefrom to the treasurer of state. Failure	75170
by the tax commissioner to notify a vendor subject to this section	75171
to remit taxes by electronic funds transfer does not relieve the	75172
vendor of its obligation to remit taxes by electronic funds	75173
transfer.	75174

(B) Vendors required by division (A) of this section to remit	75175
payments by electronic funds transfer shall remit such payments to	75176
the treasurer of state in the manner prescribed by this section	75177
and rules adopted by the treasurer of state under section 113.061	75178
of the Revised Code, and on or before the following dates:	75179

(1) On or before the eleventhfifteenth day of each month, a	75180
vendor shall remit an amount equal to the taxes collected during	75181
the first seveneleven days of the month. On or before the	75182
eighteenth day of each month, a vendor shall remit an amount equal	75183
to the taxes collected on the eighth through the fourteenth day of	75184
the month. On or before the twenty-fifth day of each month, a	75185
vendor shall remit an amount equal to the taxes collected on the	75186
fifteenthtwelfth through the twenty-first day of the month.	75187

(2) In lieu of remitting the actual amounts collected for the	75188
periods specified in division (B)(1) of this section, a vendor	75189
may, on or before each of the eleventh, eighteenth,fifteenth and	75190
twenty-fifth days of each month, remit an amount equal to	75191
one-fourththirty-seven and one-half per cent of the vendor's	75192
total tax liability for the same month in the preceding calendar	75193
year.	75194

(3) On or before the twenty-third day of each month, a vendor	75195
shall report the taxes collected for the previous month and shall	75196
remit that amount, less any amounts paid for that month as	75197
required by division (B)(1) or (2) of this section.	75198

The payment of taxes by electronic funds transfer does not	75199
affect a vendor's obligation to file the monthly return as	75200
required under section 5739.12 of the Revised Code.	75201

(C) A vendor required by this section to remit taxes by	75202
electronic funds transfer may apply to the treasurer of state in	75203
the manner prescribed by the treasurer of state to be excused from	75204
that requirement. The treasurer of state may excuse the vendor	75205
from remittance by electronic funds transfer for good cause shown	75206
for the period of time requested by the vendor or for a portion of	75207
that period. The treasurer of state shall notify the tax	75208
commissioner and the vendor of the treasurer of state's decision	75209
as soon as is practicable.	75210

(D)(1) If a vendor that is required to remit payments under	75211
division (B) of this section fails to make a payment, the	75212
commissioner may impose an additional charge not to exceed five	75213
per cent of that unpaid amount.	75214

(2) If a vendor required by this section to remit taxes by	75215
electronic funds transfer remits those taxes by some means other	75216
than by electronic funds transfer as prescribed by this section	75217
and the rules adopted by the treasurer of state, and the treasurer	75218
of state determines that such failure was not due to reasonable	75219
cause or was due to willful neglect, the treasurer of state shall	75220
notify the tax commissioner of the failure to remit by electronic	75221
funds transfer and shall provide the commissioner with any	75222
information used in making that determination. The tax	75223
commissioner may impose an additional charge not to exceed the	75224
lesser of five per cent of the amount of the taxes required to be	75225
paid by electronic funds transfer or five thousand dollars.	75226

(3) Any additional charge imposed under division (D)(1) or	75227
(2) of this section is in addition to any other penalty or charge	75228
imposed under this chapter, and shall be considered as revenue	75229
arising from taxes imposed under this chapter. An additional	75230
charge may be collected by assessment in the manner prescribed by	75231
section 5739.13 of the Revised Code. The tax commissioner may	75232
waive all or a portion of such a charge and may adopt rules	75233
governing such waiver.	75234

No additional charge shall be imposed under division (D)(2)	75235
of this section against a vendor that has been notified of its	75236
obligation to remit taxes under this section and that remits its	75237
first two tax payments after such notification by some means other	75238
than electronic funds transfer. The additional charge may be	75239
imposed upon the remittance of any subsequent tax payment that the	75240
vendor remits by some means other than electronic funds transfer.	75241

Sec. 5739.17.  (A) No person shall engage in making retail	75242
sales subject to a tax imposed by or pursuant to section 5739.02,	75243
5739.021, 5739.023, or 5739.026 of the Revised Code as a business	75244
without having a license therefor, except as otherwise provided in	75245
divisions (A)(1), (2), and (3) of this section.	75246

(1) In the dissolution of a partnership by death, the	75247
surviving partner may operate under the license of the partnership	75248
for a period of sixty days.	75249

(2) The heirs or legal representatives of deceased persons,	75250
and receivers and trustees in bankruptcy, appointed by any	75251
competent authority, may operate under the license of the person	75252
so succeeded in possession.	75253

(3) Two or more persons who are not partners may operate a	75254
single place of business under one license. In such case neither	75255
the retirement of any such person from business at that place of	75256
business, nor the entrance of any person, under an existing	75257
arrangement, shall affect the license or require the issuance of a	75258
new license, unless the person retiring from the business is the	75259
individual named on the vendor's license.	75260

Except as otherwise provided in this section, each applicant	75261
for a license shall make out and deliver to the county auditor of	75262
each county in which the applicant desires to engage in business,	75263
upon a blank to be furnished by such auditor for that purpose, a	75264
statement showing the name of the applicant, each place of	75265
business in the county where the applicant will make retail sales,	75266
the nature of the business, and any other information the tax	75267
commissioner reasonably prescribes in the form of a statement	75268
prescribed by the commissioner.	75269

At the time of making the application, the applicant shall	75270
pay into the county treasury a license fee in the sum of	75271
twenty-five dollars for each fixed place of business in the county	75272
that will be the situs of retail sales. Upon receipt of the	75273
application and exhibition of the county treasurer's receipt,	75274
showing the payment of the license fee, the county auditor shall	75275
issue to the applicant a license for each fixed place of business	75276
designated in the application, authorizing the applicant to engage	75277
in business at that location. If a vendor's identity changes, the	75278
vendor shall apply for a new license. If a vendor wishes to move	75279
an existing fixed place of business to a new location within the	75280
same county, the vendor shall obtain a new vendor's license or	75281
submit a request to the tax commissioner to transfer the existing	75282
vendor's license to the new location. When the new location has	75283
been verified as being within the same county, the commissioner	75284
shall authorize the transfer and notify the county auditor of the	75285
change of location. If a vendor wishes to move an existing fixed	75286
place of business to another county, the vendor's license shall	75287
not transfer and the vendor shall obtain a new vendor's license	75288
from the county in which the business is to be located. The form	75289
of the license shall be prescribed by the commissioner. The fees	75290
collected shall be credited to the general fund of the county.	75291

A vendor that makes retail sales subject to tax under Chapter	75292
5739. of the Revised Code pursuant to a permit issued by the	75293
division of liquor control shall obtain a vendor's license in the	75294
identical name and for the identical address as shown on the	75295
permit.	75296

Except as otherwise provided in this section, if a vendor has	75297
no fixed place of business and sells from a vehicle, each vehicle	75298
intended to be used within a county constitutes a place of	75299
business for the purpose of this section.	75300

(B) As used in this division, "transient vendor" means any	75301
person who makes sales of tangible personal property from vending	75302
machines located on land owned by others, who leases titled motor	75303
vehicles, titled watercraft, or titled outboard motors, who	75304
effectuates leases that are taxed according to division	75305
(H)(4)(A)(2) of section 5739.015739.02 of the Revised Code, or	75306
who, in the usual course of the person's business, transports	75307
inventory, stock of goods, or similar tangible personal property	75308
to a temporary place of business or temporary exhibition, show,	75309
fair, flea market, or similar event in a county in which the	75310
person has no fixed place of business, for the purpose of making	75311
retail sales of such property. A "temporary place of business"	75312
means any public or quasi-public place including, but not limited	75313
to, a hotel, rooming house, storeroom, building, part of a	75314
building, tent, vacant lot, railroad car, or motor vehicle that is	75315
temporarily occupied for the purpose of making retail sales of	75316
goods to the public. A place of business is not temporary if the	75317
same person conducted business at the place continuously for more	75318
than six months or occupied the premises as the person's permanent	75319
residence for more than six months, or if the person intends it to	75320
be a fixed place of business.	75321

Any transient vendor, in lieu of obtaining a vendor's license	75322
under division (A) of this section for counties in which the	75323
transient vendor has no fixed place of business, may apply to the	75324
tax commissioner, on a form prescribed by the commissioner, for a	75325
transient vendor's license. The transient vendor's license	75326
authorizes the transient vendor to make retail sales in any county	75327
in which the transient vendor does not maintain a fixed place of	75328
business. Any holder of a transient vendor's license shall not be	75329
required to obtain a separate vendor's license from the county	75330
auditor in that county. Upon the commissioner's determination that	75331
an applicant is a transient vendor, the applicant shall pay a	75332
license fee in the amount of twenty-five dollars, at which time	75333
the tax commissioner shall issue the license. The tax commissioner	75334
may require a vendor to be licensed as a transient vendor if, in	75335
the opinion of the commissioner, such licensing is necessary for	75336
the efficient administration of the tax.	75337

Any holder of a valid transient vendor's license may make	75338
retail sales at a temporary place of business or temporary	75339
exhibition, show, fair, flea market, or similar event, held	75340
anywhere in the state without complying with any provision of	75341
section 311.37 of the Revised Code. Any holder of a valid vendor's	75342
license may make retail sales as a transient vendor at a temporary	75343
place of business or temporary exhibition, show, fair, flea	75344
market, or similar event held in any county in which the vendor	75345
maintains a fixed place of business for which the vendor holds a	75346
vendor's license without obtaining a transient vendor's license.	75347

(C) As used in this division, "service vendor" means any	75348
person who, in the usual course of the person's business, sells	75349
services described in division (B)(3)(e), (f), (g), (h), (i), (j),	75350
(k), (l), or (m), (q), or (u) of section 5739.01 of the Revised	75351
Code.	75352

Every service vendor shall make application to the tax	75353
commissioner for a service vendor's license. Each applicant shall	75354
pay a license fee in the amount of twenty-five dollars. Upon the	75355
commissioner's determination that an applicant is a service vendor	75356
and payment of the fee, the commissioner shall issue the applicant	75357
a service vendor's license.	75358

Only sales described in division (B)(3)(e), (f), (g), (h),	75359
(i), (j), (k), (l), or (m), (q), or (u) of section 5739.01 of the	75360
Revised Code may be made under authority of a service vendor's	75361
license, and that license authorizes sales to be made at any place	75362
in this state. Any service vendor who makes sales of other	75363
services or tangible personal property subject to the sales tax	75364
also shall be licensed under division (A), (B), or (D) of this	75365
section.	75366

(D) As used in this division, "delivery vendor" means any	75367
vendor who engages in one or more of the activities described in	75368
divisions (D)(1) to (4) of this section, and who maintains no	75369
store, showroom, or similar fixed place of business or other	75370
location where merchandise regularly is offered for sale or	75371
displayed or shown in catalogs for selection or pick-up by	75372
consumers, or where consumers bring goods for repair or other	75373
service.	75374

(1) The vendor makes retail sales of tangible personal	75375
property;	75376

(2) The vendor rents or leases, at retail, tangible personal	75377
property, except titled motor vehicles, titled watercraft, or	75378
titled outboard motors;	75379

(3) The vendor provides a service, at retail, described in	75380
division (B)(3)(a), (b), (c), or (d) of section 5739.01 of the	75381
Revised Code; or	75382

(4) The vendor makes retail sales of warranty, maintenance or	75383
service contracts, or similar agreements as described in division	75384
(B)(7) of section 5739.01 of the Revised Code.	75385

A transient vendor or a seller registered pursuant to section	75386
5741.17 of the Revised Code is not a delivery vendor.	75387

Delivery vendors shall apply to the tax commissioner, on a	75388
form prescribed by the commissioner, for a delivery vendor's	75389
license. Each applicant shall pay a license fee of twenty-five	75390
dollars for each delivery vendor's license, to be credited to the	75391
general revenue fund. Upon the commissioner's determination that	75392
the applicant is a delivery vendor, the commissioner shall issue	75393
the license. A delivery vendor's license authorizes retail sales	75394
to be made throughout the state. All sales of the vendor must be	75395
reported under the delivery license. The commissioner may require	75396
a vendor to be licensed as a delivery vendor if, in the opinion of	75397
the commissioner, such licensing is necessary for the efficient	75398
administration of the tax. The commissioner shall not issue a	75399
delivery vendor license to a vendor who holds a license issued	75400
under division (A) of this section.	75401

(E) Any transient vendor who is issued a license pursuant to	75402
this section shall display the license or a copy of it	75403
prominently, in plain view, at every place of business of the	75404
transient vendor. Every owner, organizer, or promoter who operates	75405
a fair, flea market, show, exhibition, convention, or similar	75406
event at which transient vendors are present shall keep a	75407
comprehensive record of all such vendors, listing the vendor's	75408
name, permanent address, vendor's license number, and the type of	75409
goods sold. Such records shall be kept for four years and shall be	75410
open to inspection by the tax commissioner.	75411

Sec. 5739.21.  (A) Four and two-tenths per cent of all money	75412
deposited into the state treasury under sections 5739.01 to	75413
5739.31 of the Revised Code and not required to be distributed as	75414
provided in section 5739.102 of the Revised Code or division (B)	75415
of this section shall be credited to the local government fund for	75416
distribution in accordance with section 5747.50 of the Revised	75417
Code, six-tenths of one per cent shall be credited to the local	75418
government revenue assistance fund for distribution in accordance	75419
with section 5747.61 of the Revised Code, and ninety-five and	75420
two-tenths per cent shall be credited to the general revenue fund.	75421

(B)(1) In any case where any county or transit authority has	75422
levied a tax or taxes pursuant to section 5739.021, 5739.023, or	75423
5739.026 of the Revised Code, the tax commissioner shall, within	75424
forty-five days after the end of each month, determine and certify	75425
to the director of budget and management the amount of the	75426
proceeds of such tax or taxes received during that month from	75427
billings and assessments received during that month, or shown on	75428
associated with tax returns or reports filed during that month, to	75429
be returned to the county or transit authority levying the tax or	75430
taxes. The amount to be returned to each county and transit	75431
authority shall be a fraction of the aggregate amount of money	75432
collected with respect to each area in which one or more of such	75433
taxes are concurrently in effect with the tax levied by section	75434
5739.02 of the Revised Code, the. The numerator of whichthe	75435
fraction is the rate of the tax levied by the county or transit	75436
authority and the denominator of whichthe fraction is the	75437
aggregate rate of such taxes applicable to such area; provided,	75438
that the. The amount to be returned to each county or transit	75439
authority shall be reduced by the amount of any refunds of county	75440
or transit authority tax paid pursuant to section 5739.07 of the	75441
Revised Code during the same month, or transfers made pursuant to	75442
division (B)(2) of section 5703.052 of the Revised Code.	75443

(2) On a periodic basis, using the best information	75444
available, the tax commissioner shall distribute any amount of a	75445
county or transit authority tax that cannot be distributed under	75446
division (B)(1) of this section. Through audit or other means, the	75447
commissioner shall attempt to obtain the information necessary to	75448
make the distribution as provided under that division and, on	75449
receipt of that information, shall make adjustments to	75450
distributions previously made under this division.	75451

(C) The aggregate amount to be returned to any county or	75452
transit authority shall be reduced by one per cent, which shall be	75453
certified directly to the credit of the local sales tax	75454
administrative fund, which is hereby created in the state	75455
treasury. For the purpose of determining the amount to be returned	75456
to a county and transit authority in which the rate of tax imposed	75457
by the transit authority has been reduced under section 5739.028	75458
of the Revised Code, the tax commissioner shall use the respective	75459
rates of tax imposed by the county or transit authority that	75460
results from the change in the rates authorized under that	75461
section. The	75462

(D) The director of budget and management shall transfer,	75463
from the same funds and in the same proportions specified in	75464
division (A) of this section, to the permissive tax distribution	75465
fund created by division (B)(1) of section 4301.423 of the Revised	75466
Code and to the local sales tax administrative fund, the amounts	75467
certified by the tax commissioner. The tax commissioner shall	75468
then, on or before the twentieth day of the month in which such	75469
certification is made, provide for payment of such respective	75470
amounts to the county treasurer and to the fiscal officer of the	75471
transit authority levying the tax or taxes. The amount transferred	75472
to the local sales tax administrative fund is for use by the tax	75473
commissioner in defraying costs incurred in administering such	75474
taxes levied by a county or transit authority.	75475

Sec. 5739.33.  If any corporation, limited liability company,	75476
or business trust required to file returns and to remit tax due to	75477
the state under this chapter, including a holder of a direct	75478
payment permit under section 5739.031 of the Revised Code, fails	75479
for any reason to make the filing or payment, any of its employees	75480
having control or supervision of or charged with the	75481
responsibility of filing returns and making payments, or any of	75482
its officers, members, managers, or trustees who are responsible	75483
for the execution of the corporation's, limited liability	75484
company's, or business trust's fiscal responsibilities, shall be	75485
personally liable for the failure. The dissolution, termination,	75486
or bankruptcy of a corporation, limited liability company, or	75487
business trust shall not discharge a responsible officer's,	75488
member's, manager's, employee's, or trustee's liability for a	75489
failure of the corporation, limited liability company, or business	75490
trust to file returns or remit tax due. The sum due for the	75491
liability may be collected by assessment in the manner provided in	75492
section 5739.13 of the Revised Code.	75493

Sec. 5741.01.  As used in this chapter:

75494

(A) "Person" includes individuals, receivers, assignees,	75495
trustees in bankruptcy, estates, firms, partnerships,	75496
associations, joint-stock companies, joint ventures, clubs,	75497
societies, corporations, business trusts, governments, and	75498
combinations of individuals of any form.	75499

(B) "Storage" means and includes any keeping or retention in	75500
this state for use or other consumption in this state.	75501

(C) "Use" means and includes the exercise of any right or	75502
power incidental to the ownership of the thing used. A thing is	75503
also "used" in this state if its consumer gives or otherwise	75504
distributes it, without charge, to recipients in this state.	75505

(D) "Purchase" means acquired or received for a	75506
consideration, whether such acquisition or receipt was effected by	75507
a transfer of title, or of possession, or of both, or a license to	75508
use or consume; whether such transfer was absolute or conditional,	75509
and by whatever means the transfer was effected; and whether the	75510
consideration was money, credit, barter, or exchange. Purchase	75511
includes production, even though the article produced was used,	75512
stored, or consumed by the producer. The transfer of copyrighted	75513
motion picture films for exhibition purposes is not a purchase,	75514
except such films as are used solely for advertising purposes.	75515

(E) "Seller" means the person from whom a purchase is made,	75516
and includes every person engaged in this state or elsewhere in	75517
the business of selling tangible personal property or providing a	75518
service for storage, use, or other consumption or benefit in this	75519
state; and when, in the opinion of the tax commissioner, it is	75520
necessary for the efficient administration of this chapter, to	75521
regard any salesman, representative, peddler, or canvasser as the	75522
agent of a dealer, distributor, supervisor, or employer under whom	75523
the person operates, or from whom the person obtains tangible	75524
personal property, sold by the person for storage, use, or other	75525
consumption in this state, irrespective of whether or not the	75526
person is making such sales on the person's own behalf, or on	75527
behalf of such dealer, distributor, supervisor, or employer, the	75528
commissioner may regard the person as such agent, and may regard	75529
such dealer, distributor, supervisor, or employer as the seller.	75530
"Seller" does not include any person to the extent the person	75531
provides a communications medium, such as, but not limited to,	75532
newspapers, magazines, radio, television, or cable television, by	75533
means of which sellers solicit purchases of their goods or	75534
services.	75535

(F) "Consumer" means any person who has purchased tangible	75536
personal property or has been provided a service for storage, use,	75537
or other consumption or benefit in this state. "Consumer" does not	75538
include a person who receives, without charge, tangible personal	75539
property or a service.	75540

A person who performs a facility management or similar	75541
service contract for a contractee is a consumer of all tangible	75542
personal property and services purchased for use in connection	75543
with the performance of such contract, regardless of whether title	75544
to any such property vests in the contractee. The purchase of such	75545
property and services is not subject to the exception for resale	75546
under division (E)(1) of section 5739.01 of the Revised Code.	75547

(G)(1) "Price," except as provided in the case of watercraft,	75548
outboard motors, or new motor vehicles, means the aggregate value	75549
in money of anything paid or delivered, or promised to be paid or	75550
delivered, by a consumer to a seller in the complete performance	75551
of the transaction by which tangible personal property has been	75552
purchased or a service has been provided for storage, use, or	75553
other consumption or benefit in this state, without any deduction	75554
or exclusion on account of the cost of the property sold, cost of	75555
materials used, labor or service cost, interest, discount paid or	75556
allowed after the sale is consummated, or any other expense. If	75557
the transaction consists of the rental or lease of tangible	75558
personal property, "price" means the aggregate value in money of	75559
anything paid or delivered, or promised to be paid or delivered by	75560
the lessee to the lessor, in the complete performance of the	75561
rental or lease, without any deduction or exclusion of tax,	75562
interest, labor or service charge, damage liability waiver,	75563
termination or damage charge, discount paid or allowed after the	75564
lease is consummated, or any other expense. Except as provided in	75565
division (G)(6) of this section, the tax shall be calculated and	75566
collected by the lessor on each payment made by the lessee. If a	75567
consumer produces the tangible personal property used by the	75568
consumer, the price is the produced cost of such tangible personal	75569
property. "Price" does not include delivery charges that are	75570
separately stated on the initial invoice or initial billing	75571
rendered by the seller.	75572

The tax collected by the seller from the consumer under this	75573
chapter is not a part of the price, but is a tax collection for	75574
the benefit of the state, and of counties levying an additional	75575
use tax pursuant to section 5741.021 or 5741.023 of the Revised	75576
Code and of transit authorities levying an additional use tax	75577
pursuant to section 5741.022 of the Revised Code and, except for	75578
the discount authorized under section 5741.12 of the Revised Code	75579
and the effects of any rounding pursuant to section 5703.055 of	75580
the Revised Code, no person other than the state or such a county	75581
or transit authority shall derive any benefit from the collection	75582
or payment of such tax.	75583

As used in divisiondivisions (G)(1)(2) to (6) of this	75584
section, "delivery charges" means charges by the seller for	75585
preparation and delivery to a location designated by the consumer	75586
of tangible personal property or a service, including	75587
transportation, shipping, postage, handling, crating, and packing	75588
has the same meaning as in division (H)(1) of section 5739.01 of	75589
the Revised Code.	75590

(2) In the case of watercraft, outboard motors, or new motor	75591
vehicles, "price" has the same meaning as in divisiondivisions	75592
(H)(2) and (3) of section 5739.01 of the Revised Code.	75593

(3) In the case of a nonresident business consumer that	75594
purchases and uses tangible personal property outside this state	75595
and subsequently temporarily stores, uses, or otherwise consumes	75596
such tangible personal property in the conduct of business in this	75597
state, the consumer or the tax commissioner may determine the	75598
price based on the value of the temporary storage, use, or other	75599
consumption, in lieu of determining the price pursuant to division	75600
(G)(1) of this section. A price determination made by the consumer	75601
is subject to review and redetermination by the commissioner.	75602

(4) In the case of tangible personal property held in this	75603
state as inventory for sale or lease, and that is temporarily	75604
stored, used, or otherwise consumed in a taxable manner, the price	75605
is the value of the temporary use. A price determination made by	75606
the consumer is subject to review and redetermination by the	75607
commissioner.	75608

(5) In the case of tangible personal property originally	75609
purchased and used by the consumer outside this state, and that	75610
becomes permanently stored, used, or otherwise consumed in this	75611
state more than six months after its acquisition by the consumer,	75612
the consumer or the commissioner may determine the price based on	75613
the current value of such tangible personal property, in lieu of	75614
determining the price pursuant to division (G)(1) of this section.	75615
A price determination made by the consumer is subject to review	75616
and redetermination by the commissioner.	75617

(6) In the case of the purchase or lease of any motor vehicle	75618
designed by the manufacturer to carry a load of not more than one	75619
ton, watercraft, outboard motor, or aircraft, or the lease of any	75620
tangible personal property, other than motor vehicles designed by	75621
the manufacturer to carry a load of more than one ton, to be used	75622
by the lessee primarily for business purposes, the tax shall be	75623
collected by the vendor at the time the lease is consummated and	75624
calculated by the vendor on the basis of the total amount to be	75625
paid by the lessee under the lease agreement. If the total amount	75626
of the consideration for the lease includes amounts that are not	75627
calculated at the time the lease is executed, the tax shall be	75628
calculated and collected by the vendor at the time such amounts	75629
are billed to the lessee. In the case of an open-end lease, the	75630
tax shall be calculated by the vendor on the basis of the total	75631
amount to be paid during the initial fixed term of the lease, and	75632
then for each subsequent renewal period as it comes due. As used	75633
in division (G)(6) of this section only, "motor vehicle" has the	75634
same meaning as in section 4501.01 of the Revised CodeIf a	75635
consumer produces tangible personal property for sale and removes	75636
that property from inventory for the consumer's own use, the price	75637
is the produced cost of that tangible personal property.	75638

(H) "Nexus with this state" means that the seller engages in	75639
continuous and widespread solicitation of purchases from residents	75640
of this state or otherwise purposefully directs its business	75641
activities at residents of this state.	75642

(I) "Substantial nexus with this state" means that the seller	75643
has sufficient contact with this state, in accordance with Section	75644
8 of Article I of the Constitution of the United States, to allow	75645
the state to require the seller to collect and remit use tax on	75646
sales of tangible personal property or services made to consumers	75647
in this state. "Substantial nexus with this state" exists when the	75648
seller does any of the following:	75649

(1) Maintains a place of business within this state, whether	75650
operated by employees or agents of the seller, by a member of an	75651
affiliated group, as describeddefined in division (B)(3)(e) of	75652
section 5739.01 of the Revised Code, of which the seller is a	75653
member, or by a franchisee using a trade name of the seller;	75654

(2) Regularly has employees, agents, representatives,	75655
solicitors, installers, repairmen, salesmen, or other individuals	75656
in this state for the purpose of conducting the business of the	75657
seller;	75658

(3) Uses a person in this state for the purpose of receiving	75659
or processing orders of the seller's goods or services;	75660

(4) Makes regular deliveries of tangible personal property	75661
into this state by means other than common carrier;	75662

(5) Has membership in an affiliated group, as described in	75663
division (B)(3)(e) of section 5739.01 of the Revised Code, at	75664
least one other member of which has substantial nexus with this	75665
state;	75666

(6) Owns tangible personal property that is rented or leased	75667
to a consumer in this state, or offers tangible personal property,	75668
on approval, to consumers in this state;	75669

(7) Except as provided in section 5703.65 of the Revised	75670
Code, is registered with the secretary of state to do business in	75671
this state or is registered or licensed by any state agency,	75672
board, or commission to transact business in this state or to make	75673
sales to persons in this state;	75674

(8) Has any other contact with this state that would allow	75675
this state to require the seller to collect and remit use tax	75676
under Section 8 of Article I of the Constitution of the United	75677
States.	75678

(J) "Fiscal officer" means, with respect to a regional	75679
transit authority, the secretary-treasurer thereof, and with	75680
respect to a county which is a transit authority, the fiscal	75681
officer of the county transit board appointed pursuant to section	75682
306.03 of the Revised Code or, if the board of county	75683
commissioners operates the county transit system, the county	75684
auditor.	75685

(K) "Territory of the transit authority" means all of the	75686
area included within the territorial boundaries of a transit	75687
authority as they from time to time exist. Such territorial	75688
boundaries must at all times include all the area of a single	75689
county or all the area of the most populous county which is a part	75690
of such transit authority. County population shall be measured by	75691
the most recent census taken by the United States census bureau.	75692

(L) "Transit authority" means a regional transit authority	75693
created pursuant to section 306.31 of the Revised Code or a county	75694
in which a county transit system is created pursuant to section	75695
306.01 of the Revised Code. For the purposes of this chapter, a	75696
transit authority must extend to at least the entire area of a	75697
single county. A transit authority which includes territory in	75698
more than one county must include all the area of the most	75699
populous county which is a part of such transit authority. County	75700
population shall be measured by the most recent census taken by	75701
the United States census bureau.	75702

(M) "Providing a service" has the same meaning as in division	75703
(X) of section 5739.01 of the Revised Code.	75704

(N) "Other consumption" includes receiving the benefits of a	75705
service.	75706

(O) "Lease" means any transfer for a consideration of the	75707
possession of and right to use, but not title to, tangible	75708
personal property for a fixed period of time greater than thirty	75709
days or for an open-ended period of time with a minimum fixed	75710
period of more than thirty daysor "rental" has the same meaning	75711
as in division (UU) of section 5739.01 of the Revised Code.	75712

(P) "Certified service provider" has the same meaning as in	75713
section 5740.01 of the Revised Code.	75714

Sec. 5741.02.  (A)(1) For the use of the general revenue fund	75715
of the state, an excise tax is hereby levied on the storage, use,	75716
or other consumption in this state of tangible personal property	75717
or the benefit realized in this state of any service provided. The	75718
tax shall be collected pursuant to the schedulesas provided in	75719
section 5739.025 of the Revised Code, provided that on and after	75720
July 1, 2003, and on or before June 30, 2005, the rate of the tax	75721
shall be six per cent. On and after July 1, 2005, the rate of the	75722
tax shall be five per cent.	75723

(2) In the case of the lease or rental, with a fixed term of	75724
more than thirty days or an indefinite term with a minimum period	75725
of more than thirty days, of any motor vehicles designed by the	75726
manufacturer to carry a load of not more than one ton, watercraft,	75727
outboard motor, or aircraft, or of any tangible personal property,	75728
other than motor vehicles designed by the manufacturer to carry a	75729
load of more than one ton, to be used by the lessee or renter	75730
primarily for business purposes, the tax shall be collected by the	75731
seller at the time the lease or rental is consummated and shall be	75732
calculated by the seller on the basis of the total amount to be	75733
paid by the lessee or renter under the lease or rental agreement.	75734
If the total amount of the consideration for the lease or rental	75735
includes amounts that are not calculated at the time the lease or	75736
rental is executed, the tax shall be calculated and collected by	75737
the seller at the time such amounts are billed to the lessee or	75738
renter. In the case of an open-end lease or rental, the tax shall	75739
be calculated by the seller on the basis of the total amount to be	75740
paid during the initial fixed term of the lease or rental, and for	75741
each subsequent renewal period as it comes due. As used in this	75742
division, "motor vehicle" has the same meaning as in section	75743
4501.01 of the Revised Code, and "watercraft" includes an outdrive	75744
unit attached to the watercraft.	75745

(3) Except as provided in division (A)(2) of this section, in	75746
the case of a transaction, the price of which consists in whole or	75747
part of the lease or rental of tangible personal property, the tax	75748
shall be measured by the installments of those leases or rentals.	75749

(B) Each consumer, storing, using, or otherwise consuming in	75750
this state tangible personal property or realizing in this state	75751
the benefit of any service provided, shall be liable for the tax,	75752
and such liability shall not be extinguished until the tax has	75753
been paid to this state; provided, that the consumer shall be	75754
relieved from further liability for the tax if the tax has been	75755
paid to a seller in accordance with section 5741.04 of the Revised	75756
Code or prepaid by the seller in accordance with section 5741.06	75757
of the Revised Code.	75758

(C) The tax does not apply to the storage, use, or	75759
consumption in this state of the following described tangible	75760
personal property or services, nor to the storage, use, or	75761
consumption or benefit in this state of tangible personal property	75762
or services purchased under the following described circumstances:	75763

(1) When the sale of property or service in this state is	75764
subject to the excise tax imposed by sections 5739.01 to 5739.31	75765
of the Revised Code, provided said tax has been paid;	75766

(2) Except as provided in division (D) of this section,	75767
tangible personal property or services, the acquisition of which,	75768
if made in Ohio, would be a sale not subject to the tax imposed by	75769
sections 5739.01 to 5739.31 of the Revised Code;	75770

(3) Property or services, the storage, use, or other	75771
consumption of or benefit from which this state is prohibited from	75772
taxing by the Constitution of the United States, laws of the	75773
United States, or the Constitution of this state. This exemption	75774
shall not exempt from the application of the tax imposed by this	75775
section the storage, use, or consumption of tangible personal	75776
property that was purchased in interstate commerce, but that has	75777
come to rest in this state, provided that fuel to be used or	75778
transported in carrying on interstate commerce that is stopped	75779
within this state pending transfer from one conveyance to another	75780
is exempt from the excise tax imposed by this section and section	75781
5739.02 of the Revised Code;	75782

(4) Transient use of tangible personal property in this state	75783
by a nonresident tourist or vacationer, or a non-business use	75784
within this state by a nonresident of this state, if the property	75785
so used was purchased outside this state for use outside this	75786
state and is not required to be registered or licensed under the	75787
laws of this state;	75788

(5) Tangible personal property or services rendered, upon	75789
which taxes have been paid to another jurisdiction to the extent	75790
of the amount of the tax paid to such other jurisdiction. Where	75791
the amount of the tax imposed by this section and imposed pursuant	75792
to section 5741.021, 5741.022, or 5741.023 of the Revised Code	75793
exceeds the amount paid to another jurisdiction, the difference	75794
shall be allocated between the tax imposed by this section and any	75795
tax imposed by a county or a transit authority pursuant to section	75796
5741.021, 5741.022, or 5741.023 of the Revised Code, in proportion	75797
to the respective rates of such taxes.	75798

As used in this subdivision, "taxes paid to another	75799
jurisdiction" means the total amount of retail sales or use tax or	75800
similar tax based upon the sale, purchase, or use of tangible	75801
personal property or services rendered legally, levied by and paid	75802
to another state or political subdivision thereof, or to the	75803
District of Columbia, where the payment of such tax does not	75804
entitle the taxpayer to any refund or credit for such payment.	75805

(6) The transfer of a used manufactured home or used mobile	75806
home, as defined by section 5739.0210 of the Revised Code, made on	75807
or after January 1, 2000;	75808

(7) Drugs that are or are intended to be distributed free of	75809
charge to a practitioner licensed to prescribe, dispense, and	75810
administer drugs to a human being in the course of a professional	75811
practice and that by law may be dispensed only by or upon the	75812
order of such a practitioner.	75813

(D) The tax applies to the storage, use, or other consumption	75814
in this state of tangible personal property or services, the	75815
acquisition of which at the time of sale was excepted under	75816
division (E)(1) of section 5739.01 of the Revised Code from the	75817
tax imposed by section 5739.02 of the Revised Code, but which has	75818
subsequently been temporarily or permanently stored, used, or	75819
otherwise consumed in a taxable manner.	75820

(E)(1) If any transaction is claimed to be exempt under	75821
division (E) of section 5739.01 of the Revised Code or under	75822
section 5739.02 of the Revised Code, with the exception of	75823
divisions (B)(1) to (11) or (28) of section 5739.02 of the Revised	75824
Code, the consumer shall provide to the seller, and the seller	75825
shall obtain from the consumer, a certificate specifying the	75826
reason that the transaction is not subject to the tax. The	75827
certificate shall be provided either in a hard copy form or	75828
electronic form, as prescribed by the tax commissioner. If the	75829
transaction is claimed to be exempt under division (B)(13) of	75830
section 5739.02 of the Revised Code, the exemption certificate	75831
shall be provided by both the contractor and contractee. Such	75832
contractee shall be deemed to be the consumer of all items	75833
purchased under the claim of exemption if it is subsequently	75834
determined that the exemption is not properly claimed. The	75835
certificate shall be in such form as the tax commissioner by rule	75836
prescribes. The seller shall maintain records, including exemption	75837
certificates, of all sales on which a consumer has claimed an	75838
exemption, and provide them to the tax commissioner on request.	75839

(2) If no certificate is provided or obtained within the	75840
period for filing the return for the period in which the	75841
transaction is consummated, it shall be presumed that the tax	75842
applies. The failure to have so provided or obtained a certificate	75843
shall not preclude a seller or consumer from establishing, within	75844
one hundred twenty days of the giving of notice by the	75845
commissioner of intention to levy an assessment, that the	75846
transaction is not subject to the tax.	75847

(F) A seller who files a petition for reassessment contesting	75848
the assessment of tax on transactions for which the seller	75849
obtained no valid exemption certificates, and for which the seller	75850
failed to establish that the transactions were not subject to the	75851
tax during the one-hundred-twenty-day period allowed under	75852
division (E) of this section, may present to the tax commissioner	75853
additional evidence to prove that the transactions were exempt.	75854
The seller shall file such evidence within ninety days of the	75855
receipt by the seller of the notice of assessment, except that,	75856
upon application and for reasonable cause, the tax commissioner	75857
may extend the period for submitting such evidence thirty days.	75858

(G) For the purpose of the proper administration of sections	75859
5741.01 to 5741.22 of the Revised Code, and to prevent the evasion	75860
of the tax hereby levied, it shall be presumed that any use,	75861
storage, or other consumption of tangible personal property in	75862
this state is subject to the tax until the contrary is	75863
established.	75864

(H) The tax collected by the seller from the consumer under	75865
this chapter is not part of the price, but is a tax collection for	75866
the benefit of the state, and of counties levying an additional	75867
use tax pursuant to section 5741.021 or 5741.023 of the Revised	75868
Code and of transit authorities levying an additional use tax	75869
pursuant to section 5741.022 of the Revised Code. Except for the	75870
discount authorized under section 5741.12 of the Revised Code and	75871
the effects of any rounding pursuant to section 5703.055 of the	75872
Revised Code, no person other than the state or such a county or	75873
transit authority shall derive any benefit from the collection of	75874
such tax.	75875

Sec. 5741.021.  (A) For the purpose of providing additional	75876
general revenues for the county or supporting criminal and	75877
administrative justice services in the county, or both, and to pay	75878
the expenses of administering such levy, any county which levies a	75879
tax pursuant to section 5739.021 of the Revised Code shall levy a	75880
tax at the same rate levied pursuant to section 5739.021 of the	75881
Revised Code on the storage, use, or other consumption in the	75882
county of the following:	75883

(1) Motor vehicles acquired on or after May 1, 1970, and	75884
watercraft and outboard motors required to be titled in the county	75885
pursuant to Chapter 1548. of the Revised Code and acquired on or	75886
after April 1, 1990, by a transaction subject to the tax imposed	75887
by section 5739.02 of the Revised Code;	75888

(2) In addition to the tax imposed by section 5741.02 of the	75889
Revised Code, tangible personal property and services subject to	75890
the tax levied by this state as provided in section 5741.02 of the	75891
Revised Code, and tangible personal property and services	75892
purchased in another county within this state by a transaction	75893
subject to the tax imposed by section 5739.02 of the Revised Code.	75894

The tax shall be levied pursuant to a resolution of the board	75895
of county commissioners which shall be adopted after publication	75896
of notice and hearing in the same manner as provided in section	75897
5739.021 of the Revised Code. Such resolution shall be adopted and	75898
shall become effective on the same day as the resolution adopted	75899
by the board of county commissioners levying a sales tax pursuant	75900
to section 5739.021 of the Revised Code and shall remain in effect	75901
until such sales tax is repealed.	75902

(B) The tax levied pursuant to this section on the storage,	75903
use, or other consumption of tangible personal property and on the	75904
benefit of a service realized shall be in addition to the tax	75905
levied by section 5741.02 of the Revised Code and, except as	75906
provided in division (D) of this section, any tax levied pursuant	75907
to sections 5741.022 and 5741.023 of the Revised Code.	75908

(C) The additional tax levied by the county shall be	75909
collected pursuant to the schedules in section 5739.025 of the	75910
Revised Code. If the additional tax or some portion thereof is	75911
levied for the purpose of criminal and administrative justice	75912
services, the revenue from the tax, or the amount or rate	75913
apportioned to that purpose, shall be credited to a special fund	75914
created in the county treasury for receipt of that revenue.	75915

(D) The tax levied pursuant to this section shall not be	75916
applicable to any benefit of a service realized or to any storage,	75917
use, or consumption of property not within the taxing power of a	75918
county under the constitution of the United States or the	75919
constitution of this state, or to property or services on which a	75920
tax levied by a county or transit authority pursuant to this	75921
section or section 5739.021, 5739.023, 5739.026, 5741.022, or	75922
5741.023 of the Revised Code has been paid, if the sum of the	75923
taxes paid pursuant to those sections is equal to or greater than	75924
the sum of the taxes due under this section and sections 5741.022	75925
and 5741.023 of the Revised Code. If the sum of the taxes paid is	75926
less than the sum of the taxes due under this section and sections	75927
5741.022 and 5741.023 of the Revised Code, the amount of tax paid	75928
shall be credited against the amount of tax due.	75929

(E) As used in this section, "criminal and administrative	75930
justice services" has the same meaning as in section 5739.021 of	75931
the Revised Code.	75932

Sec. 5741.022.  (A) For the purpose of providing additional	75933
general revenues for the transit authority and paying the expenses	75934
of administering such levy, any transit authority as defined in	75935
section 5741.01 of the Revised Code that levies a tax pursuant to	75936
section 5739.023 of the Revised Code shall levy a tax at the same	75937
rate levied pursuant to such section on the storage, use, or other	75938
consumption in the territory of the transit authority of the	75939
following:	75940

(1) Motor vehicles acquired on or after June 29, 1974, and	75941
watercraft and outboard motors required to be titled in the county	75942
pursuant to Chapter 1548. of the Revised Code and acquired on or	75943
after April 1, 1990, by a transaction subject to the tax imposed	75944
by section 5739.02 of the Revised Code;	75945

(2) In addition to the tax imposed by section 5741.02 of the	75946
Revised Code, tangible personal property and services subject to	75947
the tax levied by this state as provided in section 5741.02 of the	75948
Revised Code, and tangible personal property and services	75949
purchased in another county within this state by a transaction	75950
subject to the tax imposed by section 5739.02 of the Revised Code.	75951

The tax shall be in effect at the same time and at the same	75952
rate and shall be levied pursuant to the resolution of the	75953
legislative authority of the transit authority levying a sales tax	75954
pursuant to section 5739.023 of the Revised Code.	75955

(B) The tax levied pursuant to this section on the storage,	75956
use, or other consumption of tangible personal property and on the	75957
benefit of a service realized shall be in addition to the tax	75958
levied by section 5741.02 of the Revised Code and, except as	75959
provided in division (D) of this section, any tax levied pursuant	75960
to sections 5741.021 and 5741.023 of the Revised Code.	75961

(C) The additional tax levied by the authority shall be	75962
collected pursuant to the schedules in section 5739.025 of the	75963
Revised Code.	75964

(D) The tax levied pursuant to this section shall not be	75965
applicable to any benefit of a service realized or to any storage,	75966
use, or consumption of property not within the taxing power of a	75967
transit authority under the constitution of the United States or	75968
the constitution of this state, or to property or services on	75969
which a tax levied by a county or transit authority pursuant to	75970
this section or section 5739.021, 5739.023, 5739.026, 5741.021, or	75971
5741.023 of the Revised Code has been paid, if the sum of the	75972
taxes paid pursuant to those sections is equal to or greater than	75973
the sum of the taxes due under this section and sections 5741.021	75974
and 5741.023 of the Revised Code. If the sum of the taxes paid is	75975
less than the sum of the taxes due under this section and sections	75976
5741.021 and 5741.023 of the Revised Code, the amount of tax paid	75977
shall be credited against the amount of tax due.	75978

(E) The rate of a tax levied under this section is subject to	75979
reduction under section 5739.028 of the Revised Code if a ballot	75980
question is approved by voters pursuant to that section.	75981

Sec. 5741.023.  (A) For the same purposes for which it has	75982
imposed a tax under section 5739.026 of the Revised Code, any	75983
county whichthat levies a tax pursuant to such section shall levy	75984
a tax at the same rate levied pursuant to such section on the	75985
storage, use, or other consumption in the county of the following:	75986

(1) Motor vehicles, and watercraft and outboard motors	75987
required to be titled in the county pursuant to Chapter 1548. of	75988
the Revised Code, acquired by a transaction subject to the tax	75989
imposed by section 5739.02 of the Revised Code;	75990

(2) In addition to the tax imposed by section 5741.02 of the	75991
Revised Code, tangible personal property and services subject to	75992
the tax levied by this state as provided in section 5741.02 of the	75993
Revised Code, and tangible personal property and services	75994
purchased in another county within this state by a transaction	75995
subject to the tax imposed by section 5739.02 of the Revised Code.	75996

The tax shall be levied pursuant to a resolution of the board	75997
of county commissioners, which shall be adopted in the same manner	75998
as provided in section 5739.026 of the Revised Code. Such	75999
resolution shall be adopted and shall become effective on the same	76000
day as the resolution adopted by the board of county commissioners	76001
levying a sales tax pursuant to such section and shall remain in	76002
effect until such sales tax is repealed or expires.	76003

(B) The tax levied pursuant to this section shall be in	76004
addition to the tax levied by section 5741.02 of the Revised Code	76005
and, except as provided in division (D) of this section, any tax	76006
levied pursuant to sections 5741.021 and 5741.022 of the Revised	76007
Code.	76008

(C) The additional tax levied by the county shall be	76009
collected pursuant to the schedules in section 5739.025 of the	76010
Revised Code.	76011

(D) The tax levied pursuant to this section shall not be	76012
applicable to any benefit of a service realized or to any storage,	76013
use, or consumption of property not within the taxing power of a	76014
county under the constitution of the United States or the	76015
constitution of this state, or to property or services on which	76016
tax levied by a county or transit authority pursuant to this	76017
section or section 5739.021, 5739.023, 5739.026, 5741.021, or	76018
5741.022 of the Revised Code has been paid, if the sum of the	76019
taxes paid pursuant to those sections is equal to or greater than	76020
the sum of the taxes due under this section and sections 5741.021	76021
and 5741.022 of the Revised Code. If the sum of the taxes paid is	76022
less than the sum of the taxes due under this section and sections	76023
5741.021 and 5741.022 of the Revised Code, the amount of tax paid	76024
shall be credited against the amount of tax due.	76025

Sec. 5741.121.  (A) If the total amount of tax required to be	76026
paid by a seller or consumer under section 5741.12 of the Revised	76027
Code for any year indicated in the following schedule equals or	76028
exceeds the amount prescribed for that year in the schedule	76029
seventy-five thousand dollars, the seller or consumer shall remit	76030
each monthly tax payment in the second ensuing and each succeeding	76031
year by electronic funds transfer as prescribed by division (B) of	76032
this section.	76033

If a seller's or consumer's tax payment for each of two	76036
consecutive years beginning with 2000 is less than sixty	76037
seventy-five thousand dollars, the seller or consumer is relieved	76038
of the requirement to remit taxes by electronic funds transfer for	76039
the year that next follows the second of the consecutive years in	76040
which the tax payment is less than sixty thousand dollarsthat	76041
amount, and is relieved of that requirement for each succeeding	76042
year, unless the tax payment in a subsequent year equals or	76043
exceeds sixtyseventy-five thousand dollars.	76044

The tax commissioner shall notify each seller or consumer	76045
required to remit taxes by electronic funds transfer of the	76046
seller's or consumer's obligation to do so, shall maintain an	76047
updated list of those sellers and consumers, and shall timely	76048
certify the list and any additions thereto or deletions therefrom	76049
to the treasurer of state. Failure by the tax commissioner to	76050
notify a seller or consumer subject to this section to remit taxes	76051
by electronic funds transfer does not relieve the seller or	76052
consumer of the obligation to remit taxes by electronic funds	76053
transfer.	76054

(B) Sellers and consumers required by division (A) of this	76055
section to remit payments by electronic funds transfer shall remit	76056
such payments to the treasurer of state in the manner prescribed	76057
by this section and rules adopted by the treasurer of state under	76058
section 113.061 of the Revised Code, and on or before the	76059
following dates:	76060

(1)(a) On or before the eleventhfifteenth day of each month,	76061
a seller shall remit an amount equal to the taxes collected during	76062
the first seveneleven days of the month. On or before the	76063
eighteenth day of each month, a seller shall remit an amount equal	76064
to the taxes collected on the eighth through the fourteenth day of	76065
the month. On or before the twenty-fifth day of each month, a	76066
seller shall remit an amount equal to the taxes collected on the	76067
fifteenthtwelfth through the twenty-first day of the month.	76068

(b) In lieu of remitting the actual amounts collected for the	76069
periods specified in division (B)(1)(a) of this section, a seller	76070
may, on or before each of the eleventh, eighteenth,fifteenth and	76071
twenty-fifth days of each month, remit an amount equal to	76072
one-fourththirty-seven and one-half per cent of the seller's	76073
total tax liability for the same month in the preceding calendar	76074
year.	76075

(2) On or before each of the eleventh, eighteenth,fifteenth	76076
and twenty-fifth days of each month, a consumer shall remit an	76077
amount equal to one-fourththirty-seven and one-half per cent of	76078
the consumer's total tax liability for the same month in the	76079
preceding calendar year.	76080

(3) On or before the twenty-third day of each month, a seller	76081
shall report the taxes collected and a consumer shall report the	76082
taxes due for the previous month and shall remit that amount, less	76083
any amounts paid for that month as required by division (B)(1)(a)	76084
or (b) or (B)(2) of this section.	76085

The payment of taxes by electronic funds transfer does not	76086
affect a seller's or consumer's obligation to file the monthly	76087
return as required under section 5741.12 of the Revised Code.	76088

(C) A seller or consumer required by this section to remit	76089
taxes by electronic funds transfer may apply to the treasurer of	76090
state in the manner prescribed by the treasurer of state to be	76091
excused from that requirement. The treasurer of state may excuse	76092
the seller or consumer from remittance by electronic funds	76093
transfer for good cause shown for the period of time requested by	76094
the seller or consumer or for a portion of that period. The	76095
treasurer of state shall notify the tax commissioner and the	76096
seller or consumer of the treasurer of state's decision as soon as	76097
is practicable.	76098

(D)(1) If a seller or consumer that is required to remit	76099
payments under division (B) of this section fails to make a	76100
payment, the commissioner may impose an additional charge not to	76101
exceed five per cent of that unpaid amount.	76102

(2) If a seller or consumer required by this section to remit	76103
taxes by electronic funds transfer remits those taxes by some	76104
means other than by electronic funds transfer as prescribed by the	76105
rules adopted by the treasurer of state, and the treasurer of	76106
state determines that such failure was not due to reasonable cause	76107
or was due to willful neglect, the treasurer of state shall notify	76108
the tax commissioner of the failure to remit by electronic funds	76109
transfer and shall provide the commissioner with any information	76110
used in making that determination. The tax commissioner may impose	76111
an additional charge not to exceed the lesser of five per cent of	76112
the amount of the taxes required to be paid by electronic funds	76113
transfer or five thousand dollars.	76114

(3) Any additional charge imposed under this section is in	76115
addition to any other penalty or charge imposed under this	76116
chapter, and shall be considered as revenue arising from taxes	76117
imposed under this chapter. An additional charge may be collected	76118
by assessment in the manner prescribed by section 5741.13 of the	76119
Revised Code. The tax commissioner may waive all or a portion of	76120
such a charge and may adopt rules governing such waiver.	76121

No additional charge shall be imposed under division (D)(2)	76122
of this section against a seller or consumer that has been	76123
notified of the obligation to remit taxes under this section and	76124
that remits its first two tax payments after such notification by	76125
some means other than electronic funds transfer. The additional	76126
charge may be imposed upon the remittance of any subsequent tax	76127
payment that the seller or consumer remits by some means other	76128
than electronic funds transfer.	76129

Sec. 5741.25. If any corporation, limited liability company,	76130
or business trust registered or required to be registered under	76131
section 5741.17 of the Revised Code and required to file returns	76132
and remit tax due to the state under this chapter fails for any	76133
reason to make the filing or payment, any of its employees having	76134
control or supervision of or charged with the responsibility of	76135
filing returns and making payments, or any of its officers,	76136
members, managers, or trustees who are responsible for the	76137
execution of the corporation's, limited liability company's, or	76138
business trust's fiscal responsibilities, shall be personally	76139
liable for the failure. The dissolution, termination, or	76140
bankruptcy of a corporation, limited liability company, or	76141
business trust shall not discharge a responsible officer's,	76142
member's, manager's, employee's, or trustee's liability for a	76143
failure of the corporation, limited liability company, or business	76144
trust to file returns or remit tax due. The sum due for the	76145
liability may be collected by assessment in the manner provided in	76146
section 5741.11 or 5741.13 of the Revised Code.	76147

Sec. 5743.05.  All stamps provided for by section 5743.03 of	76148
the Revised Code, when procured by the tax commissioner, shall be	76149
immediately delivered to the treasurer of state, who shall execute	76150
a receipt therefor showing the number and aggregate face value of	76151
each denomination received by the treasurer of state and any other	76152
information that the commissioner requires to enforce the	76153
collection and distribution of all taxes imposed under section	76154
5743.024 or 5743.026 of the Revised Code, and deliver the receipt	76155
to the commissioner. The treasurer of state shall sell the stamps	76156
and, on the fifth day of each month, make a report showing all	76157
sales made during the preceding month, with the names of	76158
purchasers, the number of each denomination, the aggregate face	76159
value purchased by each, and any other information as the	76160
commissioner requires to enforce the collection and distribution	76161
of all taxes imposed under section 5743.024 of the Revised Code,	76162
and deliver it to the commissioner. The treasurer of state shall	76163
be accountable for all stamps received and unsold. The stamps	76164
shall be sold and accounted for at their face value, except the	76165
commissioner shall, by rule certified to the treasurer of state,	76166
authorize the sale of stamps and meter impressions to wholesale or	76167
retail dealers in this state, or to wholesale dealers outside this	76168
state, at a discount of not less than one and eight-tenths per	76169
cent or more than ten per cent of their face value, as a	76170
commission for affixing and canceling the stamps or meter	76171
impressions.	76172

The commissioner, by rule certified to the treasurer of	76173
state, shall authorize the delivery of stamps and meter	76174
impressions to wholesale and retail dealers in this state and to	76175
wholesale dealers outside this state on credit when the purchaser	76176
files. If such a dealer has not been in good credit standing with	76177
this state for five consecutive years preceding the purchase, the	76178
tax commissioner shall require the dealer to file with the	76179
commissioner a bond to the state in the amount and in the form	76180
prescribed by the commissioner, and with surety to the	76181
satisfaction of the treasurer of statecommissioner, conditioned	76182
on payment to the treasurer of state within thirty days for stamps	76183
or meter impressions delivered within that time. If such a dealer	76184
has been in good credit standing with this state for five	76185
consecutive years preceding the purchase, the tax commissioner	76186
shall not require that the dealer file such a bond but shall	76187
require payment for the stamps and meter impressions within thirty	76188
days after purchase of the stamps and meter impressions. Stamps	76189
and meter impressions sold to a dealer not required to file a bond	76190
shall be sold at face value. The maximum amount that may be sold	76191
on credit to a dealer not required to file a bond shall equal one	76192
hundred ten per cent of the dealer's average monthly purchases	76193
over the preceding calendar year. The maximum amount shall be	76194
adjusted to reflect any changes in the tax rate and may be	76195
adjusted, upon application to the tax commissioner by the dealer,	76196
to reflect changes in the business operations of the dealer. The	76197
maximum amount shall be applicable to the period of July through	76198
April. Payment by a dealer not required to file a bond shall be	76199
remitted by electronic funds transfer as prescribed by section	76200
5743.051 of the Revised Code. If a dealer not required to file a	76201
bond fails to make the payment in full within the thirty-day	76202
period, the treasurer of state shall not thereafter sell stamps or	76203
meter impressions to that dealer until the dealer pays the	76204
outstanding amount, including penalty and interest on that amount	76205
as prescribed in this chapter, and the commissioner thereafter may	76206
require the dealer to file a bond until the dealer is restored to	76207
good standing. The commissioner shall limit delivery of stamps and	76208
meter impressions on credit to the period running from the first	76209
day of July of the fiscal year until the first day of the	76210
following May. Any discount allowed as a commission for affixing	76211
and canceling stamps or meter impressions shall be allowed with	76212
respect to sales of stamps and meter impressions on credit.	76213

The treasurer of state shall redeem and pay for any	76214
destroyed, unused, or spoiled tax stamps and any unused meter	76215
impressions at their net value, and shall refund to wholesale	76216
dealers the net amount of state and county taxes paid erroneously	76217
or paid on cigarettes that have been sold in interstate or foreign	76218
commerce or that have become unsalable, and the net amount of	76219
county taxes that were paid on cigarettes that have been sold at	76220
retail or for retail sale outside a taxing county.	76221

An application for a refund of tax shall be filed with the	76222
tax commissioner, on the form prescribed by the commissioner for	76223
that purpose, within three years from the date the tax stamps are	76224
destroyed or spoiled, from the date of the erroneous payment, or	76225
from the date that cigarettes on which taxes have been paid have	76226
been sold in interstate or foreign commerce or have become	76227
unsalable.	76228

On the filing of the application, the commissioner shall	76229
determine the amount of refund to which the applicant is entitled,	76230
payable from receipts of the state tax, and, if applicable,	76231
payable from receipts of a county tax . If the amount is less than	76232
that claimed, the commissioncommissioner shall certify the amount	76233
to the director of budget and management and treasurer of state	76234
for payment from the tax refund fund created by section 5703.052	76235
of the Revised Code. If the amount is less than that claimed, the	76236
commissioner shall proceed in accordance with section 5703.70 of	76237
the Revised Code.	76238

If a refund is granted for payment of an illegal or erroneous	76239
assessment issued by the department, the refund shall include	76240
interest on the amount of the refund from the date of the	76241
overpayment. The interest shall be computed at the rate per annum	76242
prescribed by section 5703.47 of the Revised Code.	76243

Sec. 5743.051. This section applies to any wholesale or	76244
retail cigarette dealer required by section 5743.05 of the Revised	76245
Code to remit payment for tax stamps and meter impressions by	76246
electronic funds transfer. The tax commissioner shall notify each	76247
dealer of the dealer's obligation to do so and shall maintain an	76248
updated list of those dealers. Failure by the tax commissioner to	76249
notify a dealer subject to this section to remit taxes by	76250
electronic funds transfer does not relieve the dealer of its	76251
obligation to remit taxes by electronic funds transfer.	76252

A dealer required to remit payments by electronic funds	76253
transfer shall remit such payments to the treasurer of state in	76254
the manner prescribed by rules adopted by the treasurer of state	76255
under section 113.061 of the Revised Code and within the time	76256
prescribed for such a dealer by section 5743.05 of the Revised	76257
Code.	76258

A dealer required to remit taxes by electronic funds transfer	76259
may apply to the tax commissioner in the manner prescribed by the	76260
tax commissioner to be excused from that requirement. The tax	76261
commissioner may excuse the dealer from remittance by electronic	76262
funds transfer for good cause shown for the period of time	76263
requested by the dealer or for a portion of that period.	76264

If a dealer required to remit taxes by electronic funds	76265
transfer remits those taxes by some other means, the treasurer of	76266
state shall notify the tax commissioner of the failure to remit by	76267
electronic funds transfer. If the tax commissioner determines that	76268
such failure was not due to reasonable cause or was due to willful	76269
neglect, the tax commissioner may collect an additional charge by	76270
assessment in the manner prescribed by section 5743.081 of the	76271
Revised Code. The additional charge shall equal five per cent of	76272
the amount of the taxes required to be paid by electronic funds	76273
transfer but shall not exceed five thousand dollars. Any	76274
additional charge assessed under this section is in addition to	76275
any other penalty or charge imposed under this chapter and shall	76276
be considered as revenue arising from taxes imposed under this	76277
chapter. The tax commissioner may abate all or a portion of such a	76278
charge and may adopt rules governing such remissions.	76279

No additional charge shall be assessed under this section	76280
against a dealer that has been notified of its obligation to remit	76281
taxes under this section and that remits its first two tax	76282
payments after such notification by some means other than	76283
electronic funds transfer. The additional charge may be assessed	76284
upon the remittance of any subsequent tax payment that the dealer	76285
remits by some means other than electronic funds transfer.	76286

Sec. 5743.21.  (A) No person shall affix a stamp required by	76287
section 5743.03 of the Revised Code to any package that:	76288

(1) Bears any label or notice prescribed by the United States	76289
to identify cigarettes exempt from taxation by the United States	76290
pursuant to section 5704(b) of the "Internal Revenue Code of	76291
1986," 100 Stat. 2085, 26 U.S.C.A. 5704(b), including any notice	76292
or label described in 27 C.F.R. 290.185;	76293

(2) Is not labeled in conformity with the "Federal Cigarette	76294
Labeling and Advertising Act," 79 Stat. 282, 15 U.S.C.A. 1331	76295
(1965), or any other federal requirement for the placement of	76296
labels, warnings, or other information applicable to packages of	76297
cigarettes intended for domestic consumption;	76298

(3) Has been altered by anyone other than the manufacturer or	76299
a person authorized by the manufacturer, including by the	76300
placement of a sticker to cover information on or add information	76301
to the package;	76302

(4) Has been imported or brought into the United States after	76303
January 1, 2000, in violation of section 5754 of the "Internal	76304
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 5754, or	76305
regulations adopted under that section;	76306

(5) Is produced by a tobacco product manufacturer or is part	76307
of a brand family that is not included in the directory	76308
established under section 1346.05 of the Revised Code.	76309

(B) No person shall sell or offer to sell any roll-your-own	76310
tobacco to any person in this state if the roll-your-own tobacco	76311
is not included in the directory established under section 1346.05	76312
of the Revised Code. Any roll-your-own tobacco in the possession	76313
of a retail dealer in this state shall be prima facie evidence of	76314
offering to sell to a person in this state.	76315

(C) Whenever the tax commissioner discovers any packages to	76316
which stamps have been affixed in violation of this section, or	76317
any roll-your-own tobacco sold or offered for sale in violation of	76318
this section, the tax commissioner may seize the packages or	76319
roll-your-own tobacco, which shall thereupon be forfeited to the	76320
state, and shall order theirthe destruction of the packages or	76321
roll-your-own tobacco, provided that the seizure and destruction	76322
shall not exempt any person from prosecution or from the fine or	76323
imprisonment provided for the violation of this section.	76324

(D) As used in this section, "roll-your-own" has the same	76325
meaning as in section 1346.01 of the Revised Code, and "tobacco	76326
product manufacturer" and "brand family" have the same meanings as	76327
in section 1346.04 of the Revised Code.	76328

Sec. 5743.45.  (A) As used in this section, "felony" has the	76329
same meaning as in section 109.511 of the Revised Code.	76330

(B) For purposes of enforcing this chapter and Chapters	76331
5728., 5735., 5739., 5741., and 5747. of the Revised Code and	76332
subject to division (C) of this section, the tax commissioner, by	76333
journal entry, may delegate any investigation powers of the	76334
commissioner to an employee of the department of taxation who has	76335
been certified by the Ohio peace officer training commission and	76336
who is engaged in the enforcement of those chapters. A separate	76337
journal entry shall be entered for each employee to whom that	76338
power is delegated. Each journal entry shall be a matter of public	76339
record and shall be maintained in an administrative portion of the	76340
journal as provided for in division (L) of section 5703.05 of the	76341
Revised Code. When that journal entry is completed, the employee	76342
to whom it pertains, while engaged within the scope of the	76343
employee's duties in enforcing the provisions of this chapter or	76344
Chapter 5728., 5735., 5739., 5741., or 5747. of the Revised Code,	76345
has the power of a police officer to carry concealed weapons, make	76346
arrests, and obtain warrants for violations of any provision in	76347
those chapters. The commissioner, at any time, may suspend or	76348
revoke that the commissioner's delegation by journal entry. No	76349
employee of the department shall divulge any information acquired	76350
as a result of an investigation pursuant to this chapter or	76351
Chapter 5728., 5735., 5739., 5741., or 5747. of the Revised Code,	76352
except as may be required by the commissioner or a court.	76353

(C)(1) The tax commissioner shall not delegate any	76354
investigation powers to an employee of the department of taxation	76355
pursuant to division (B) of this section on a permanent basis, on	76356
a temporary basis, for a probationary term, or on other than a	76357
permanent basis if the employee previously has been convicted of	76358
or has pleaded guilty to a felony.	76359

(2)(a) The tax commissioner shall revoke the delegation of	76360
investigation powers to an employee to whom the delegation was	76361
made pursuant to division (B) of this section if that employee	76362
does either of the following:	76363

(i) Pleads guilty to a felony;

76364

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	76365
plea agreement as provided in division (D) of section 2929.29 of	76366
the Revised Code in which the employee agrees to surrender the	76367
certificate awarded to that employee under section 109.77 of the	76368
Revised Code.	76369

(b) The tax commissioner shall suspend the delegation of	76370
investigation powers to an employee to whom the delegation was	76371
made pursuant to division (B) of this section if that employee is	76372
convicted, after trial, of a felony. If the employee files an	76373
appeal from that conviction and the conviction is upheld by the	76374
highest court to which the appeal is taken or if the employee does	76375
not file a timely appeal, the commissioner shall revoke the	76376
delegation of investigation powers to that employee. If the	76377
employee files an appeal that results in that employee's acquittal	76378
of the felony or conviction of a misdemeanor, or in the dismissal	76379
of the felony charge against that employee, the commissioner shall	76380
reinstate the delegation of investigation powers to that employee.	76381
The suspension, revocation, and reinstatement of the delegation of	76382
investigation powers to an employee under division (C)(2) of this	76383
section shall be made by journal entry pursuant to division (B) of	76384
this section. An employee to whom the delegation of investigation	76385
powers is reinstated under division (C)(2)(b) of this section	76386
shall not receive any back pay for the exercise of those	76387
investigation powers unless that employee's conviction of the	76388
felony was reversed on appeal, or the felony charge was dismissed,	76389
because the court found insufficient evidence to convict the	76390
employee of the felony.	76391

(3) Division (C) of this section does not apply regarding an	76392
offense that was committed prior to January 1, 1997.	76393

(4) The suspension or revocation of the delegation of	76394
investigation powers to an employee under division (C)(2) of this	76395
section shall be in accordance with Chapter 119. of the Revised	76396
Code.	76397

Sec. 5745.01.  As used in this chapter:

76398

(A) "Electric company," and "combined company," and	76399
"telephone company," have the same meanings as in section 5727.01	76400
of the Revised Code, except "telephone company" does not include a	76401
non profit corporation.	76402

(B) "Electric light company" has the same meaning as in	76403
section 4928.01 of the Revised Code, and includes the activities	76404
of a combined company as an electric company, but excludes	76405
nonprofit companies and municipal corporations.	76406

(C) "Taxpayer" means aneither of the following:

76407

(1) An electric light company subject to taxation by a	76408
municipal corporation in this state for a taxable year, excluding	76409
an electric light company that is not an electric company or a	76410
combined company and for which an election made under section	76411
5745.031 of the Revised Code is not in effect with respect to the	76412
taxable year. If such a company is a qualified subchapter S	76413
subsidiary as defined in section 1361 of the Internal Revenue Code	76414
or a disregarded entity, the company's parent S corporation or	76415
owner is the taxpayer for the purposes of this chapter and is	76416
hereby deemed to have nexus with this state under the Constitution	76417
of the United States for the purposes of this chapter.	76418

(2) A telephone company subject to taxation by a municipal	76419
corporation in this state for a taxable year. A telephone company	76420
is subject to taxation under this chapter for any taxable year	76421
that begins on or after January 1, 2004. A telephone company with	76422
a taxable year ending in 2004 shall compute the tax imposed under	76423
this chapter, or shall compute its net operating loss carried	76424
forward for that taxable year, by multiplying the tax owed, or the	76425
loss for the taxable year, by fifty per cent.	76426

(D) "Disregarded entity" means an entity that, for its	76427
taxable year, is by default, or has elected to be, disregarded as	76428
an entity separate from its owner pursuant to 26 C.F.R.	76429
301.7701-3.	76430

(E) "Taxable year" of a taxpayer is the taxpayer's taxable	76431
year for federal income tax purposes.	76432

(F) "Federal taxable income" means taxable income, before	76433
operating loss deduction and special deductions, as required to be	76434
reported for the taxpayer's taxable year under the Internal	76435
Revenue Code.	76436

(G) "Adjusted federal taxable income" means federal taxable	76437
income adjusted as follows:	76438

(1) Deduct intangible income as defined in section 718.01 of	76439
the Revised Code to the extent included in federal taxable income;	76440

(2) Add expenses incurred in the production of such	76441
intangible income;	76442

(3) If, with respect to a qualifying taxpayer and a	76443
qualifying asset there occurs a qualifying taxable event, the	76444
qualifying taxpayer shall reduce its federal taxable income, as	76445
defined in division (F) of this section, by the amount of the	76446
book-tax differentialdifference for that qualifying asset if the	76447
book-tax differentialdifference is greater than zero, and shall	76448
increase its federal taxable income by the absolute value of the	76449
amount of the book-tax differentialdifference for that qualifying	76450
asset if the book-tax differentialdifference is less than zero.	76451
The adjustments provided in division (G)(3) of this section are	76452
subject to divisions (B)(3), (4), and (5) of section 5733.0510 of	76453
the Revised Code to the extent those divisions apply to the	76454
adjustments in that section for the taxable year. A taxpayer shall	76455
not deduct or add any amount under division (G)(3) of this section	76456
with respect to a qualifying asset the sale, exchange, or other	76457
disposition of which resulted in the recognition of a gain or loss	76458
that the taxpayer deducted or added, respectively, under division	76459
(G)(1) or (2) of this section.	76460

For the purposes of division (G)(3) of this section, "net	76461
income" has the same meaning as in section 5733.04 of the Revised	76462
Code, and "book-tax differentialdifference," "qualifying	76463
taxpayer," "qualifying asset," and "qualifying taxable event" have	76464
the same meanings as in section 5733.0510 of the Revised Code.	76465

(4) If the taxpayer is not a C corporation and is not an	76466
individual, the taxpayer shall compute "adjusted federal taxable	76467
income" as if the taxpayer were a C corporation, except:	76468

(a) Guaranteed payments and other similar amounts paid or	76469
accrued to a partner, former partner, or member or former member	76470
shall not be allowed as a deductible expense; and	76471

(b) With respect to each owner or owner-employee of the	76472
taxpayer, amounts paid or accrued to a qualified self-employed	76473
retirement plan and amounts paid or accrued to or for health	76474
insurance or life insurance shall not be allowed as a deduction.	76475

Nothing in this division shall be construed as allowing the	76476
taxpayer to deduct any amount more than once.	76477

(5) Add or deduct the amounts described in section 5733.0511	76478
of the Revised Code for qualifying telephone company taxpayers.	76479

(H) "Internal Revenue Code" means the "Internal Revenue Code	76480
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amendedit existed on	76481
December 31, 2001.	76482

(I) "Ohio net income" means the amount determined under	76483
division (B) of section 5745.02 of the Revised Code.	76484

Sec. 5745.02.  (A) The annual report filed under section	76485
5745.03 of the Revised Code determines a taxpayer's Ohio net	76486
income and the portion of Ohio net income to be apportioned to a	76487
municipal corporation.	76488

(B) A taxpayer's Ohio net income is determined by multiplying	76489
the taxpayer's adjusted federal taxable income by the sum of the	76490
property factor multiplied by one-third, the payroll factor	76491
multiplied by one-third, and the sales factor multiplied by	76492
one-third. If the denominator of one of the factors is zero, the	76493
remaining two factors each shall be multiplied by one-half instead	76494
of one-third; if the denominator of two of the factors is zero,	76495
the remaining factor shall be multiplied by one. The property,	76496
payroll, and sales factors shall be determined in the manner	76497
prescribed by divisions (B)(1), (2), and (3) of this section.	76498

(1) The property factor is a fraction, the numerator of which	76499
is the average value of the taxpayer's real and tangible personal	76500
property owned or rented, and used in business in this state	76501
during the taxable year, and the denominator of which is the	76502
average value of all the taxpayer's real and tangible personal	76503
property owned or rented, and used in business everywhere during	76504
such year. Property owned by the taxpayer is valued at its	76505
original cost. Property rented by the taxpayer is valued at eight	76506
times the net annual rental rate. "Net annual rental rate" means	76507
the annual rental rate paid by the taxpayer less any annual rental	76508
rate received by the taxpayer from subrentals. The average value	76509
of property shall be determined by averaging the values at the	76510
beginning and the end of the taxable year, but the tax	76511
commissioner may require the averaging of monthly values during	76512
the taxable year, if reasonably required to reflect properly the	76513
average value of the taxpayer's property.	76514

(2) The payroll factor is a fraction, the numerator of which	76515
is the total amount paid in this state during the taxable year by	76516
the taxpayer for compensation, and the denominator of which is the	76517
total compensation paid everywhere by the taxpayer during such	76518
year. Compensation means any form of remuneration paid to an	76519
employee for personal services. Compensation is paid in this state	76520
if: (a) the recipient's service is performed entirely within this	76521
state, (b) the recipient's service is performed both within and	76522
without this state, but the service performed without this state	76523
is incidental to the recipient's service within this state, or (c)	76524
some of the service is performed within this state and either the	76525
base of operations, or if there is no base of operations, the	76526
place from which the service is directed or controlled is within	76527
this state, or the base of operations or the place from which the	76528
service is directed or controlled is not in any state in which	76529
some part of the service is performed, but the recipient's	76530
residence is in this state.	76531

(3) The sales factor is a fraction, the numerator of which is	76532
the total sales in this state by the taxpayer during the taxable	76533
year, and the denominator of which is the total sales by the	76534
taxpayer everywhere during such year. Sales of electricity shall	76535
be sitused to this state in the manner provided under section	76536
5733.059 of the Revised Code. In determining the numerator and	76537
denominator of the sales factor, receipts from the sale or other	76538
disposal of a capital asset or an asset described in section 1231	76539
of the Internal Revenue Code shall be eliminated. Also, in	76540
determining the numerator and denominator of the sales factor, in	76541
the case of a reporting taxpayer owning at least eighty per cent	76542
of the issued and outstanding common stock of one or more	76543
insurance companies or public utilities, except an electric	76544
company, a combined company, or a telephone company, or owning at	76545
least twenty-five per cent of the issued and outstanding common	76546
stock of one or more financial institutions, receipts received by	76547
the reporting taxpayer from such utilities, insurance companies,	76548
and financial institutions shall be eliminated.	76549

For the purpose of division (B)(3) of this section, sales of	76550
tangible personal property are in this state where such property	76551
is received in this state by the purchaser. In the case of	76552
delivery of tangible personal property by common carrier or by	76553
other means of transportation, the place at which such property is	76554
ultimately received after all transportation has been completed	76555
shall be considered as the place at which such property is	76556
received by the purchaser. Direct delivery in this state, other	76557
than for purposes of transportation, to a person or firm	76558
designated by a purchaser constitutes delivery to the purchaser in	76559
this state, and direct delivery outside this state to a person or	76560
firm designated by a purchaser does not constitute delivery to the	76561
purchaser in this state, regardless of where title passes or other	76562
conditions of sale.	76563

Sales, other than sales of electricity or tangible personal	76564
property, are in this state if either the income-producing	76565
activity is performed solely in this state, or the	76566
income-producing activity is performed both within and without	76567
this state and a greater proportion of the income-producing	76568
activity is performed within this state than in any other state,	76569
based on costs of performance.	76570

For the purposes of division (B)(3) of this section, the tax	76571
commissioner may adopt rules to apportion sales within this state.	76572

(C) The portion of a taxpayer's Ohio net income taxable by	76573
each municipal corporation imposing an income tax shall be	76574
determined by multiplying the taxpayer's Ohio net income by the	76575
sum of the municipal property factor multiplied by one-third, the	76576
municipal payroll factor multiplied by one-third, and the	76577
municipal sales factor multiplied by one-third, and subtracting	76578
from the product so obtained any "municipal net operating loss	76579
carryforward from prior taxable years." If the denominator of one	76580
of the factors is zero, the remaining two factors each shall be	76581
multiplied by one-half instead of one-third; if the denominator of	76582
two of the factors is zero, the remaining factor shall be	76583
multiplied by one. In calculating the "municipal net operating	76584
loss carryforward from prior taxable years" for each municipal	76585
corporation, net operating losses are apportioned in and out of a	76586
municipal corporation for the taxable year in which the net	76587
operating loss occurs in the same manner that positive net income	76588
would have been so apportioned. Any net operating loss for a	76589
municipal corporation may be applied to subsequent net income in	76590
that municipal corporation to reduce that income to zero or until	76591
the net operating loss has been fully used as a deduction. The	76592
unused portion of net operating losses for each taxable year	76593
apportioned to a municipal corporation may only be applied against	76594
the income apportioned to that municipal corporation for five	76595
subsequent taxable years. Net operating losses occurring in	76596
taxable years ending before 2002 may not be subtracted under this	76597
section.	76598

A taxpayer's municipal property, municipal payroll, and	76599
municipal sales factors for a municipal corporation shall be	76600
determined as provided in divisions (C)(1), (2), and (3) of this	76601
section.	76602

(1) The municipal property factor is the quotient obtained by	76603
dividing (a) the average value of real and tangible personal	76604
property owned or rented by the taxpayer and used in business in	76605
the municipal corporation during the taxable year by (b) the	76606
average value of all of the taxpayer's real and tangible personal	76607
property owned or rented and used in business during that taxable	76608
year in this state. The value and average value of such property	76609
shall be determined in the same manner provided in division (B)(1)	76610
of this section.	76611

(2) The municipal payroll factor is the quotient obtained by	76612
dividing (a) the total amount of compensation earned in the	76613
municipal corporation by the taxpayer's employees during the	76614
taxable year for services performed for the taxpayer and that is	76615
subject to income tax withholding by the municipal corporation by	76616
(b) the total amount of compensation paid by the taxpayer to its	76617
employees in this state during the taxable year. Compensation has	76618
the same meaning as in division (B)(2) of this section.	76619

(3) The municipal sales factor is a fraction, the numerator	76620
of which is the taxpayer's total sales in a municipal corporation	76621
during the taxable year, and the denominator of which is the	76622
taxpayer's total sales in this state during such year.	76623

For the purpose of division (C)(3) of this section, sales of	76624
tangible personal property are in the municipal corporation where	76625
such property is received in the municipal corporation by the	76626
purchaser. Sales of electricity directly to the consumer, as	76627
defined in section 5733.059 of the Revised Code, shall be	76628
considered sales of tangible personal property. In the case of the	76629
delivery of tangible personal property by common carrier or by	76630
other means of transportation, the place at which such property	76631
ultimately is received after all transportation has been completed	76632
shall be considered as the place at which the property is received	76633
by the purchaser. Direct delivery in the municipal corporation,	76634
other than for purposes of transportation, to a person or firm	76635
designated by a purchaser constitutes delivery to the purchaser in	76636
that municipal corporation, and direct delivery outside the	76637
municipal corporation to a person or firm designated by a	76638
purchaser does not constitute delivery to the purchaser in that	76639
municipal corporation, regardless of where title passes or other	76640
conditions of sale. Sales, other than sales of tangible personal	76641
property, are in the municipal corporation if either:	76642

(a) The income-producing activity is performed solely in the	76643
municipal corporation;	76644

(b) The income-producing activity is performed both within	76645
and without the municipal corporation and a greater proportion of	76646
the income-producing activity is performed within that municipal	76647
corporation than any other location in this state, based on costs	76648
of performance.	76649

For the purposes of division (C)(3) of this section, the tax	76650
commissioner may adopt rules to apportion sales within each	76651
municipal corporation.	76652

(D) If a taxpayer is a combined company as defined in section	76653
5727.01 of the Revised Code, the municipal property, payroll, and	76654
sales factors under division (C) of this section shall be adjusted	76655
as follows:	76656

(1) The numerator of the municipal property factor shall	76657
include only the value, as determined under division (C)(1) of	76658
this section, of the company's real and tangible property in the	76659
municipal corporation attributed to the company's activity as an	76660
electric company using the same methodology prescribed under	76661
section 5727.03 of the Revised Code for taxable tangible personal	76662
property.	76663

(2) The numerator of the municipal payroll factor shall	76664
include only compensation paid in the municipal corporation by the	76665
company to its employees for personal services rendered in the	76666
company's activity as an electric company.	76667

(3) The numerator of the municipal sales factor shall include	76668
only the sales of tangible personal property and services, as	76669
determined under division (C)(3) of this section, made in the	76670
municipal corporation in the course of the company's activity as	76671
an electric company.	76672

(E)(1) If the provisions for apportioning adjusted federal	76673
taxable income or Ohio net income under divisiondivisions (B),	76674
(C), and (D) of this section do not fairly represent business	76675
activity in this state or among municipal corporations, the tax	76676
commissioner may adopt rules for apportioning such income by an	76677
alternative method that fairly represents business activity in	76678
this state or among municipal corporations.	76679

(2) If any of the factors determined under division (B), (C),	76680
or (D) of this section does not fairly represent the extent of a	76681
taxpayer's business activity in this state or among municipal	76682
corporations, the taxpayer may request, or the tax commissioner	76683
may require, that the taxpayer's adjusted federal taxable income	76684
or Ohio net income be determined by an alternative method,	76685
including any of the alternative methods enumerated in division	76686
(B)(2)(d) of section 5733.05 of the Revised Code. A taxpayer	76687
requesting an alternative method shall make the request in writing	76688
to the tax commissioner either with the annual report, a timely	76689
filed amended report, or a timely filed petition for reassessment.	76690
When the tax commissioner requires or permits an alternative	76691
method under division (E)(2) of this section, the tax commissioner	76692
shall cause a written notice to that effect to be delivered to any	76693
municipal corporation that would be affected by application of the	76694
alternative method. Nothing in this division shall be construed to	76695
extend any statute of limitations under this chapter.	76696

(F)(1) The tax commissioner may adopt rules providing for the	76697
combination of adjusted federal taxable incomes of taxpayers	76698
satisfying the ownership or control requirements of section	76699
5733.052 of the Revised Code if the tax commissioner finds that	76700
such combinations are necessary to properly reflect adjusted	76701
federal taxable income, Ohio net income, or the portion of Ohio	76702
net income to be taxable by municipal corporations.	76703

(2) A taxpayer satisfying the ownership or control	76704
requirements of section 5733.052 of the Revised Code with respect	76705
to one or more other taxpayers may not combine their adjusted	76706
federal taxable incomes for the purposes of this section unless	76707
rules are adopted under division (F)(1) of this section allowing	76708
such a combination or the tax commissioner finds that such a	76709
combination is necessary to properly reflect the taxpayers'	76710
adjusted federal taxable incomes, Ohio net incomes, or the portion	76711
of Ohio net incomes to be subject to taxation within a municipal	76712
corporation.	76713

(G) The tax commissioner may adopt rules providing for	76714
alternative apportionment methods for a telephone company.	76715

Sec. 5745.04.  (A) As used in this section, "combined tax	76716
liability" means the total of a taxpayer's income tax liabilities	76717
to all municipal corporations in this state for a taxable year.	76718

(B) Beginning with its taxable year beginning in 2003, each	76719
taxpayer shall file a declaration of estimated tax report with,	76720
and remit estimated taxes to, the tax commissioner, payable to the	76721
treasurer of state, at the times and in the amounts prescribed in	76722
divisions (B)(1) to (4) of this section. This division also	76723
applies to a taxpayer having a taxable year consisting of fewer	76724
than twelve months, at least one of which is in 2002, that ends	76725
before January 1, 2003. The first taxable year a taxpayer is	76726
subject to this chapter, the estimated taxes the taxpayer is	76727
required to remit under this section shall be based solely on the	76728
current taxable year and not on the liability for the preceding	76729
taxable year.	76730

(1) Not less than twenty-five per cent of the combined tax	76731
liability for the preceding taxable year or twenty per cent of the	76732
combined tax liability for the current taxable year shall have	76733
been remitted not later than the fifteenth day of the fourth month	76734
after the end of the preceding taxable year.	76735

(2) Not less than fifty per cent of the combined tax	76736
liability for the preceding taxable year or forty per cent of the	76737
combined tax liability for the current taxable year shall have	76738
been remitted not later than the fifteenth day of the sixth month	76739
after the end of the preceding taxable year.	76740

(3) Not less than seventy-five per cent of the combined tax	76741
liability for the preceding taxable year or sixty per cent of the	76742
combined tax liability for the current taxable year shall have	76743
been remitted not later than the fifteenth day of the ninth month	76744
after the end of the preceding taxable year.	76745

(4) Not less than one hundred per cent of the combined tax	76746
liability for the preceding taxable year or eighty per cent of the	76747
combined tax liability for the current taxable year shall have	76748
been remitted not later than the fifteenth day of the twelfth	76749
month after the end of the preceding taxable year.	76750

(C) Each taxpayer shall report on the declaration of	76751
estimated tax report the portion of the remittance that the	76752
taxpayer estimates that it owes to each municipal corporation for	76753
the taxable year.	76754

(D) Upon receiving a declaration of estimated tax report and	76755
remittance of estimated taxes under this section, the tax	76756
commissioner shall immediately forward to the treasurer of state	76757
such remittance. The treasurer of state shall credit ninety-eight	76758
and one-half per cent of the remittance to the municipal income	76759
tax fund and credit the remainder to the municipal income tax	76760
administrative fund.	76761

(E) If any remittance of estimated taxes is for one thousand	76762
dollars or more, the taxpayer shall make the remittance by	76763
electronic funds transfer as prescribed by section 5745.04 of the	76764
Revised Code.	76765

(F) Notwithstanding section 5745.08 or 5745.09 of the Revised	76766
Code, no penalty or interest shall be imposed on a taxpayer if the	76767
declaration of estimated tax report is properly filed, and the	76768
estimated tax is paid, within the time prescribed by division (B)	76769
of this section.	76770

Sec. 5747.02.  (A) For the purpose of providing revenue for	76771
the support of schools and local government functions, to provide	76772
relief to property taxpayers, to provide revenue for the general	76773
revenue fund, and to meet the expenses of administering the tax	76774
levied by this chapter, there is hereby levied on every	76775
individual, trust, and estate residing in or earning or receiving	76776
income in this state, on every individual, trust, and estate	76777
earning or receiving lottery winnings, prizes, or awards pursuant	76778
to Chapter 3770. of the Revised Code, and on every individual,	76779
trust, and estate otherwise having nexus with or in this state	76780
under the Constitution of the United States, an annual tax	76781
measured in the case of individuals by Ohio adjusted gross income	76782
less an exemption for the taxpayer, the taxpayer's spouse, and	76783
each dependent as provided in section 5747.025 of the Revised	76784
Code; measured in the case of trusts by modified Ohio taxable	76785
income under division (D) of this section; and measured in the	76786
case of estates by Ohio taxable income. The tax imposed by this	76787
section on the balance thus obtained is hereby levied as follows:	76788

In July of each year, beginning in 2005, the tax commissioner	76804
shall adjust the income amounts prescribed in this division by	76805
multiplying the percentage increase in the gross domestic product	76806
deflator computed that year under section 5747.025 of the Revised	76807
Code by each of the income amounts resulting from the adjustment	76808
under this division in the preceding year, adding the resulting	76809
product to the corresponding income amount resulting from the	76810
adjustment in the preceding year, and rounding the resulting sum	76811
to the nearest multiple of fifty dollars. The tax commissioner	76812
also shall recompute each of the tax dollar amounts to the extent	76813
necessary to reflect the adjustment of the income amounts. The	76814
rates of taxation shall not be adjusted.	76815

The adjusted amounts apply to taxable years beginning in the	76816
calendar year in which the adjustments are made. The tax	76817
commissioner shall not make such adjustments in any year in which	76818
the amount resulting from the adjustment would be less than the	76819
amount resulting from the adjustment in the preceding year.	76820

(B) If the director of budget and management makes a	76821
certification to the tax commissioner under division (B) of	76822
section 131.44 of the Revised Code, the amount of tax as	76823
determined under division (A) of this section shall be reduced by	76824
the percentage prescribed in that certification for taxable years	76825
beginning in the calendar year in which that certification is	76826
made.	76827

(C) The levy of this tax on income does not prevent a	76828
municipal corporation, a joint economic development zone created	76829
under section 715.691, or a joint economic development district	76830
created under section 715.70 or 715.71 or sections 715.72 to	76831
715.81 of the Revised Code from levying a tax on income.	76832

(D) This division applies only to taxable years of a trust	76833
beginning in 2002, 2003, or 2004.	76834

(1) The tax imposed by this section on a trust shall be	76835
computed by multiplying the Ohio modified taxable income of the	76836
trust by the rates prescribed by division (A) of this section.	76837

(2) A credit is allowed against the tax computed under	76838
division (D) of this section equal to the lesser of (1) the tax	76839
paid to another state or the District of Columbia on the trust's	76840
modified nonbusiness income, other than the portion of the trust's	76841
nonbusiness income that is qualifying investment income as defined	76842
in section 5747.012 of the Revised Code, or (2) the effective tax	76843
rate, based on modified Ohio taxable income, multiplied by the	76844
trust's modified nonbusiness income other than the portion of	76845
trust's nonbusiness income that is qualifying investment income.	76846
The credit applies before any other applicable credits.	76847

(3) The credits enumerated in divisions (A)(1) to (13) of	76848
section 5747.98 of the Revised Code do not apply to a trust	76849
subject to this division. Any credits enumerated in other	76850
divisions of section 5747.98 of the Revised Code apply to a trust	76851
subject to this division. To the extent that the trust distributes	76852
income for the taxable year for which a credit is available to the	76853
trust, the credit shall be shared by the trust and its	76854
beneficiaries. The tax commissioner and the trust shall be guided	76855
by applicable regulations of the United States treasury regarding	76856
the sharing of credits.	76857

(E) For the purposes of this section, "trust" means any trust	76858
described in Subchapter J of Chapter 1 of the Internal Revenue	76859
Code, excluding trusts that are not irrevocable as defined in	76860
division (I)(3)(b) of section 5747.01 of the Revised Code and that	76861
have no modified Ohio taxable income for the taxable year,	76862
charitable remainder trusts, qualified funeral trusts and preneed	76863
funeral contract trusts established pursuant to section 1111.19 of	76864
the Revised Code that are not qualified funeral trusts, endowment	76865
and perpetual care trusts, qualified settlement trusts and funds,	76866
designated settlement trusts and funds, and trusts exempted from	76867
taxation under section 501(a) of the Internal Revenue Code.	76868

Sec. 5747.026.  (A) For taxable years beginning on or after	76869
January 1, 2002, a member of the national guard or a member of a	76870
reserve component of the armed forces of the United States called	76871
to active or other duty under operation Iraqi freedom may apply to	76872
the tax commissioner for an extension for filing of the return and	76873
payment of taxes required under Chapter 5747. of the Revised Code	76874
during the period of the member's duty service and for sixty days	76875
thereafter. The application shall be filed on or before the	76876
sixtieth day after the member's duty terminates. An applicant	76877
shall provide such evidence as the commissioner considers	76878
necessary to demonstrate eligibility for the extension.	76879

(B)(1) If the commissioner determines that an applicant is	76880
qualified for an extension under this section, the commissioner	76881
shall enter into a contract with the applicant for the payment of	76882
the tax in installments that begin on the sixty-first day after	76883
the applicant's duty under operation Iraqi freedom terminates.	76884
Except as provided in division (B)(3) of this section, the	76885
commissioner may prescribe such contract terms as the commissioner	76886
considers appropriate.	76887

(2) If the commissioner determines that an applicant is	76888
qualified for an extension under this section, the applicant shall	76889
not be required to file any return, report, or other tax document	76890
before the sixty-first day after the applicant's duty under	76891
operation Iraqi freedom terminates.	76892

(3) Taxes paid pursuant to a contract entered into under	76893
division (B)(1) of this section are not delinquent. The tax	76894
commissioner shall not require any payments of penalties or	76895
interest in connection with such taxes.	76896

(C) The tax commissioner shall adopt rules necessary to	76897
administer this section, including rules establishing the	76898
following:	76899

(1) Forms and procedures by which applicants may apply for	76900
extensions;	76901

(2) Criteria for eligibility;

76902

(3) A schedule for repayment of deferred taxes.

76903

Sec. 5747.12.  If a person entitled to a refund under section	76904
5747.11 or 5747.13 of the Revised Code is indebted to this state	76905
for any tax, workers' compensation premium due under section	76906
4123.35 of the Revised Code, unemployment compensation	76907
contribution due under section 4141.25 of the Revised Code, or fee	76908
administered by the tax commissioner that is paid to the state or	76909
to the clerk of courts pursuant to section 4505.06 of the Revised	76910
Code, or any charge, penalty, or interest arising from such a tax,	76911
workers' compensation premium, unemployment compensation	76912
contribution, or fee, the amount refundable may be applied in	76913
satisfaction of the debt. If the amount refundable is less than	76914
the amount of the debt, it may be applied in partial satisfaction	76915
of the debt. If the amount refundable is greater than the amount	76916
of the debt, the amount remaining after satisfaction of the debt	76917
shall be refunded. If the person has more than one such debt, any	76918
debt subject to section 5739.33 or division (G) of section 5747.07	76919
of the Revised Code shall be satisfied first. This section applies	76920
only to debts that have become final.	76921

The tax commissioner may, with the consent of the taxpayer,	76922
provide for the crediting, against tax imposed under this chapter	76923
or Chapter 5748. of the Revised Code and due for any taxable year,	76924
of the amount of any refund due the taxpayer under this chapter or	76925
Chapter 5748. of the Revised Code, as appropriate, for a preceding	76926
taxable year.	76927

Sec. 5747.31.  (A) This section applies to an individual or	76928
estate that is a proprietor or a pass-through entity investor.	76929

(B) A taxpayer described in division (A) of this section is	76930
allowed a credit that shall be computed and claimed in the same	76931
manner as the credit allowed to corporations in section 5733.33 of	76932
the Revised Code. The taxpayer shall claim one-seventh of the	76933
credit amount for the calendar year in which the new manufacturing	76934
machinery and equipment is purchased for use in the county by the	76935
taxpayer or partnership. One-seventh of the taxpayer credit amount	76936
is allowed for each of the six ensuing taxable years. The taxpayer	76937
shall claim the credit in the order required under section 5747.98	76938
of the Revised Code.	76939

The taxpayer shall file with the department of development a	76940
notice of intent to claim the credit in accordance with division	76941
(E) of section 5733.33 of the Revised Code.	76942

(C)(1) A taxpayer described in division (A) of this section	76943
is allowed a credit that shall be computed in the same manner as	76944
the credit allowed to a corporation in section 5733.39 of the	76945
Revised Code, with the following adjustments:	76946

(a) Substitute "taxable year" for "tax year" wherever "tax	76947
year" appears in section 5733.39 of the Revised Code;	76948

(b) Substitute "5747.02" for "5733.06" wherever "5733.06"	76949
appears in section 5733.39 of the Revised Code;	76950

(c) Substitute "5747.98" for "5733.98" wherever "5733.98"	76951
appears in section 5733.39 of the Revised Code;	76952

(d) The credit allowed under division (C) of this section	76953
shall be subject to the same disallowance for the carryover or	76954
carryback of any unused credit as provided in division (C) of	76955
section 5733.39 of the Revised Code.	76956

(2) Notwithstanding section 5747.1315703.56 of the Revised	76957
Code to the contrary, a taxpayer claiming a credit under this	76958
division has the burden of establishing by a preponderance of the	76959
evidence that the doctrines enumerated in section 5747.1315703.56	76960
of the Revised Code do not apply with respect to the credit	76961
provided by this division.	76962

(D) Nothing in this section shall be construed to limit or	76963
disallow pass-through treatment of a pass-through entity's income,	76964
deductions, credits, or other amounts necessary to compute the tax	76965
imposed by section 5747.02 of the Revised Code and the credits	76966
allowed by this chapter.	76967

Sec. 5901.021. (A) This section applies only to counties	76968
having a population, according to the most recent decennial	76969
census, of more than fourfive hundred thousand. In	76970

(B)(1) In any such county that is described in division (A)	76971
of this section and in which the veterans service commission	76972
submits a budget request under section 5901.11 of the Revised Code	76973
for the ensuing fiscal year that exceeds (1)	76974
twenty-five-thousandths of one per cent of the assessed value of	76975
property in the county or (2) the amount appropriated to the	76976
commission from the county general fund in the current fiscal year	76977
by more than ten per cent of that appropriation, the board of	76978
county commissioners, by resolution, may create not more than six	76979
memberships on the veterans service commission in addition to the	76980
memberships provided for by section 5901.02 of the Revised Code.	76981
The board shall prescribe the number of years suchthe additional	76982
memberships shall exist, which shall not exceed five years. Once a	76983
board of county commissioners creates suchany additional	76984
memberships, it may not create further additional memberships	76985
under this section if the total number of such memberships would	76986
exceed six. The board shall appoint persons who are residents of	76987
the county and who are honorably discharged or honorably separated	76988
veterans to each of the additional memberships, for terms	76989
prescribed by the board and commencing on a date fixed by the	76990
board. Each person appointed to an additional membership shall	76991
file, within sixty days after the date of the appointment, the	76992
person's form DD214 with the governor's office of veterans affairs	76993
in accordance with guidelines established by the director of that	76994
office.	76995

(2) If the board of county commissioners appoints such	76996
additional members as described in division (B)(1) of this	76997
section, the board may permit the commission to submit an original	76998
or revised budget request for the ensuing fiscal year later than	76999
the last Monday in May, as otherwise required under section	77000
5901.11 of the Revised Code.	77001

(C) The board of county commissioners may remove, for cause,	77002
any member appointed under this section;. The board shall provide	77003
fordetermine whether suchthe additional members may be	77004
reappointed upon the expiration of their terms;, and shall fill	77005
any vacancy in aan additional membership appointed under this	77006
section for the unexpired term in the manner provided for the	77007
original appointment.	77008

Sec. 6101.09.  Within thirty days after the conservancy	77009
district has been declared a corporation by the court, the clerk	77010
of such court shall transmit to the secretary of state, to the	77011
director of the department of natural resources, and to the county	77012
recorder in each of the counties having lands in the district,	77013
copies of the findings and the decree of the court incorporating	77014
the district. The same shall be filed and recorded in the office	77015
of the secretary of state in the same manner as articles of	77016
incorporation are required to be filed and recorded under the	77017
general law concerning corporations. Copies shall also be filed	77018
and become permanent records in the office of the recorder of each	77019
county in which a part of the district lies. Each recorder shall	77020
receive a base fee of one dollar for filing and preserving such	77021
copies and a housing trust fund fee of one dollar pursuant to	77022
section 317.36 of the Revised Code, and the secretary of state	77023
shall receive for filing and for recording the copies a fee of	77024
twenty-five dollars.	77025

Sec. 6103.02.  (A) For the purpose of preserving and	77026
promoting the public health and welfare, a board of county	77027
commissioners may acquire, construct, maintain, and operate any	77028
public water supply facilities within its county for one or more	77029
sewer districts and may provide for their protection and prevent	77030
their pollution and unnecessary waste. The board may negotiate and	77031
enter into a contract with any public agency or any person for the	77032
management, maintenance, operation, and repair of the facilities	77033
on behalf of the county, upon the terms and conditions as may be	77034
agreed upon with the agency or person and as may be determined by	77035
the board to be in the interests of the county. By contract with	77036
any public agency or any person operating public water supply	77037
facilities within or without its county, the board also may	77038
provide a supply of water to a sewer district from the facilities	77039
of the public agency or person.	77040

(B) The county sanitary engineer or sanitary engineering	77041
department, in addition to other assigned duties, shall assist the	77042
board in the performance of its duties under this chapter and	77043
shall be charged with other duties and services in relation to the	77044
board's duties as the board prescribes.	77045

(C) The board may adopt, publish, administer, and enforce	77046
rules for the construction, maintenance, protection, and use of	77047
county-owned or county-operated public water supply facilities	77048
outside municipal corporations and of public water supply	77049
facilities within municipal corporations that are owned or	77050
operated by the county or that are supplied with water from water	77051
supply facilities owned or operated by the county, including, but	77052
not limited to, rules for the establishment and use of any	77053
connections, the termination in accordance with reasonable	77054
procedures of water service for nonpayment of county water rates	77055
and charges, and the establishment and use of security deposits to	77056
the extent considered necessary to ensure the payment of county	77057
water rates and charges. The rules shall not be inconsistent with	77058
the laws of the state or any applicable rules of the director of	77059
environmental protection.	77060

(D) No public water supply facilities shall be constructed in	77061
any county outside municipal corporations by any person, except	77062
for the purpose of supplying water to those municipal	77063
corporations, until the plans and specifications for the	77064
facilities have been approved by the board. Construction shall be	77065
done under the supervision of the county sanitary engineer. Any	77066
person constructing public water supply facilities shall pay to	77067
the county all expenses incurred by the board in connection with	77068
the construction.	77069

(E) The county sanitary engineer or the county sanitary	77070
engineer's authorized assistants or agents, when properly	77071
identified in writing or otherwise and after written notice is	77072
delivered to the owner at least five days in advance or mailed at	77073
least five days in advance by first class or certified mail to the	77074
owner's tax mailing address, may enter upon any public or private	77075
property for the purpose of making, and may make, surveys or	77076
inspections necessary for the design or evaluation of county	77077
public water supply facilities. This entry is not a trespass and	77078
is not to be considered an entry in connection with any	77079
appropriation of property proceedings under sections 163.01 to	77080
163.22 of the Revised Code that may be pending. No person or	77081
public agency shall forbid the county sanitary engineer or the	77082
county sanitary engineer's authorized assistants or agents to	77083
enter, or interfere with their entry, upon the property for the	77084
purpose of making the surveys or inspections. If actual damage is	77085
done to property by the making of the surveys or inspections, the	77086
board shall pay the reasonable value of the damage to the property	77087
owner, and the cost shall be included in the cost of the	77088
facilities and may be included in any special assessments levied	77089
and collected to pay that cost.	77090

(F) The board shall fix reasonable rates, including penalties	77091
for late payments, for water supplied to public agencies and	77092
persons when the source of supply or the facilities for its	77093
distribution are owned or operated by the county and may change	77094
the rates from time to time as it considers advisable. When the	77095
source of the water supply to be used by the county is owned by	77096
another public agency or person, the schedule of rates to be	77097
charged by the public agency or person shall be approved by the	77098
board at the time it enters into a contract for the use of water	77099
from the public agency or person. When the distribution facilities	77100
are owned by the county, the board also may fix reasonable charges	77101
to be collected for the privilege of connecting to the	77102
distribution facilities and may require that, prior to the	77103
connection, the charges be paid in full or, if determined by the	77104
board to be equitable in a resolution relating to the payment of	77105
the charges, may require their payment in installments, as	77106
considered adequate by the board, at the times, in the amounts,	77107
and with the security, carrying charges, and penalties as may be	77108
determined by the board in that resolution to be fair and	77109
appropriate. No public agency or person shall be permitted to	77110
connect to those facilities until the charges have been paid in	77111
full or provision for their payment in installments has been made.	77112
If the connection charges are to be paid in installments, the	77113
board shall certify, to the county auditor, information sufficient	77114
to identify each parcel of property served by a connection and,	77115
with respect to each parcel, the total of the charges to be paid	77116
in installments, the amount of each installment, and the total	77117
number of installments to be paid. The county auditor shall record	77118
and maintain the information so supplied in the waterworks record	77119
provided for in section 6103.16 of the Revised Code until the	77120
connection charges are paid in full. The board may include amounts	77121
attributable to connection charges being paid in installments in	77122
its billings of rates and other charges for water supplied. In	77123
addition, the board may consider payments made to a school	77124
district under section 6103.25 of the Revised Code when the board	77125
establishes rates and other charges for water supplied.	77126

(G) When any rates or charges are not paid when due, the	77127
board may do any or all of the following:	77128

(1) Certify the unpaid rates or charges, together with any	77129
penalties, to the county auditor. The county auditor shall place	77130
the certified amount upon the real property tax list and duplicate	77131
against the property served by the connection. The certified	77132
amount shall be a lien on the property from the date placed on the	77133
real property tax list and duplicate and shall be collected in the	77134
same manner as taxes, except that, notwithstanding section 323.15	77135
of the Revised Code, a county treasurer shall accept a payment in	77136
that amount when separately tendered as payment for the full	77137
amount of the unpaid rates or charges and associated penalties.	77138
The lien shall be released immediately upon payment in full of the	77139
certified amount.	77140

(2) Collect the unpaid rates or charges, together with any	77141
penalties, by actions at law in the name of the county from an	77142
owner, tenant, or other person or public agency that is liable for	77143
the payment of the rates or charges;	77144

(3) Terminate, in accordance with established rules, the	77145
water service to the particular property unless and until the	77146
unpaid rates or charges, together with any penalties, are paid in	77147
full;	77148

(4) Apply, to the extent required, any security deposit made	77149
in accordance with established rules to the payment of the unpaid	77150
rates and charges, together with any penalties, for water service	77151
to the particular property.	77152

All moneys collected as rates, charges, or penalties fixed or	77153
established in accordance with division (F) of this section for	77154
water supply purposes in or for any sewer district shall be paid	77155
to the county treasurer and kept in a separate and distinct water	77156
fund established by the board to the credit of the district.	77157

Each board that fixes water rates or charges may render	77158
estimated bills periodically, provided that at least quarterly it	77159
shall schedule an actual reading of each customer's meter so as to	77160
render a bill for the actual amount shown by the meter reading to	77161
be due, with credit for prior payments of any estimated bills	77162
submitted for any part of the billing period, except that	77163
estimated bills may be rendered if a customer's meter is not	77164
accessible for a timely reading or if the circumstances preclude a	77165
scheduled reading. Each board also shall establish procedures	77166
providing a fair and reasonable opportunity for the resolution of	77167
billing disputes.	77168

When property to which water service is provided is about to	77169
be sold, any party to the sale or an agent of a party may request	77170
the board to have the meter at that property read and to render,	77171
within ten days following the date on which the request is made, a	77172
final bill for all outstanding rates and charges for water	77173
service. The request shall be made at least fourteen days prior to	77174
the transfer of the title of the property.	77175

At any time prior to a certification under division (G)(1) of	77176
this section, the board shall accept any partial payment of unpaid	77177
water rates or charges in the amount of ten dollars or more.	77178

Except as otherwise provided in any proceedings authorizing	77179
or providing for the security for and payment of any public	77180
obligations, or in any indenture or trust or other agreement	77181
securing public obligations, moneys in the water fund shall be	77182
applied first to the payment of the cost of the management,	77183
maintenance, and operation of the water supply facilities of, or	77184
used or operated for, the sewer district, which cost may include	77185
the county's share of management, maintenance, and operation costs	77186
under cooperative contracts for the acquisition, construction, or	77187
use of water supply facilities and, in accordance with a cost	77188
allocation plan adopted under division (H) of this section,	77189
payment of all allowable direct and indirect costs of the	77190
district, the county sanitary engineer or sanitary engineering	77191
department, or a federal or state grant program, incurred for the	77192
purposes of this chapter, and shall be applied second to the	77193
payment of debt charges payable on any outstanding public	77194
obligations issued or incurred for the acquisition or construction	77195
of water supply facilities for or serving the district, or for the	77196
funding of a bond retirement or other fund established for the	77197
payment of or security for the obligations. Any surplus remaining	77198
may be applied to the acquisition or construction of those	77199
facilities or for the payment of contributions to be made, or	77200
costs incurred, for the acquisition or construction of those	77201
facilities under cooperative contracts. Moneys in the water fund	77202
shall not be expended other than for the use and benefit of the	77203
district.	77204

(H) A board of county commissioners may adopt a cost	77205
allocation plan that identifies, accumulates, and distributes	77206
allowable direct and indirect costs that may be paid from the	77207
water fund of the sewer district created pursuant to division (G)	77208
of this section, and that prescribes methods for allocating those	77209
costs. The plan shall authorize payment from the fund of only	77210
those costs incurred by the district, the county sanitary engineer	77211
or sanitary engineering department, or a federal or state grant	77212
program, and those costs incurred by the general and other funds	77213
of the county for a common or joint purpose, that are necessary	77214
and reasonable for the proper and efficient administration of the	77215
district under this chapter. The plan shall not authorize payment	77216
from the fund of any general government expense required to carry	77217
out the overall governmental responsibilities of a county. The	77218
plan shall conform to United States office of management and	77219
budget Circular A-87, "Cost Principles for State, Local, and	77220
Indian Tribal Governments," published May 17, 1995.	77221

(I) A board of county commissioners shall not construct a	77222
public water supply facility that is within the boundaries of a	77223
regional water and sewer district established under Chapter 6119.	77224
of the Revised Code and that is within one thousand feet of a	77225
water resource project that is owned or operated by the district	77226
if the project is financed in whole or in part by obligations	77227
issued under Chapter 133., 6119., or 6121. of the Revised Code or	77228
by obligations issued by the state unless the facility is for the	77229
sole purpose of increasing water pressure in water transmission	77230
lines owned or operated by the board and will not be used to sell	77231
or otherwise provide water to customers to which the district	77232
supplies or may supply water from an existing water resource	77233
project or unless the district gives consent to the construction	77234
by adopting a resolution.	77235

Sec. 6109.21.  (A) Except as provided in divisions (D) and	77236
(E) of this section, on and after January 1, 1994, no person shall	77237
operate or maintain a public water system in this state without a	77238
license issued by the director of environmental protection. A	77239
person who operates or maintains a public water system on January	77240
1, 1994, shall obtain an initial license under this section in	77241
accordance with the following schedule:	77242

(1) If the public water system is a community water system,	77243
not later than January 31, 1994;	77244

(2) If the public water system is not a community water	77245
system and serves a nontransient population, not later than	77246
January 31, 1994;	77247

(3) If the public water system is not a community water	77248
system and serves a transient population, not later than January	77249
31, 1995.	77250

A person proposing to operate or maintain a new public water	77251
system after January 1, 1994, in addition to complying with	77252
section 6109.07 of the Revised Code and rules adopted under it,	77253
shall submit an application for an initial license under this	77254
section to the director prior to commencing operation of the	77255
system.	77256

A license or license renewal issued under this section shall	77257
be renewed annually. Such a license or license renewal shall	77258
expire on the thirtieth day of January in the year following its	77259
issuance. A license holder that proposes to continue operating the	77260
public water system for which the license or license renewal was	77261
issued shall apply for a license renewal at least thirty days	77262
prior to that expiration date.	77263

The director shall adopt, and may amend and rescind, rules in	77264
accordance with Chapter 119. of the Revised Code establishing	77265
procedures governing and information to be included on	77266
applications for licenses and license renewals under this section.	77267
Through June 30, 20042006, each application shall be accompanied	77268
by the appropriate fee established under division (M) of section	77269
3745.11 of the Revised Code, provided that an applicant for an	77270
initial license who is proposing to operate or maintain a new	77271
public water system after January 1, 1994, shall submit a fee that	77272
equals a prorated amount of the appropriate fee established under	77273
that division for the remainder of the licensing year.	77274

(B) Not later than thirty days after receiving a completed	77275
application and the appropriate license fee for an initial license	77276
under division (A) of this section, the director shall issue the	77277
license for the public water system. Not later than thirty days	77278
after receiving a completed application and the appropriate	77279
license fee for a license renewal under division (A) of this	77280
section, the director shall do one of the following:	77281

(1) Issue the license renewal for the public water system;

77282

(2) Issue the license renewal subject to terms and conditions	77283
that the director determines are necessary to ensure compliance	77284
with this chapter and rules adopted under it;	77285

(3) Deny the license renewal if the director finds that the	77286
public water system was not operated in substantial compliance	77287
with this chapter and rules adopted under it.	77288

(C) The director may suspend or revoke a license or license	77289
renewal issued under this section if the director finds that the	77290
public water system was not operated in substantial compliance	77291
with this chapter and rules adopted under it. The director shall	77292
adopt, and may amend and rescind, rules in accordance with Chapter	77293
119. of the Revised Code governing such suspensions and	77294
revocations.	77295

(D)(1) As used in division (D) of this section, "church"	77296
means a fellowship of believers, congregation, society,	77297
corporation, convention, or association that is formed primarily	77298
or exclusively for religious purposes and that is not formed or	77299
operated for the private profit of any person.	77300

(2) This section does not apply to a church that operates or	77301
maintains a public water system solely to provide water for that	77302
church or for a campground that is owned by the church and	77303
operated primarily or exclusively for members of the church and	77304
their families. A church that, on or before March 5, 1996, has	77305
obtained a license under this section for such a public water	77306
system need not obtain a license renewal under this section.	77307

(E) This section does not apply to any public or nonpublic	77308
school that meets minimum standards of the state board of	77309
education that operates or maintains a public water system solely	77310
to provide water for that school.	77311

Sec. 6111.06.  (A) All proceedings of the director of	77312
environmental protection, or hisof the director's officers or	77313
agents, under sections 6111.01 to 6111.08 and sections 6111.31 to	77314
6111.38 of the Revised Code, including the adoption, issuance,	77315
modification, rescission, or revocation of rules and regulations,	77316
permits, orders, and notices, and the conduct of hearings, except	77317
standards of water quality adopted pursuant to section 6111.041 of	77318
the Revised Code, shall be subject to and governed by sections	77319
119.01 to 119.13, and Chapter 3745. of the Revised Code.	77320

(B) The director shall not refuse to issue a permit, nor	77321
modify or revoke a permit already issued, unless the applicant or	77322
permit holder has been afforded an opportunity for a hearing prior	77323
to the refusal to issue the permit or prior to the modification or	77324
revocation of the permit.	77325

(C) Whenever the director officially determines that an	77326
emergency exists requiring immediate action to protect the public	77327
health or welfare, hethe director may, without notice or hearing,	77328
issue an order reciting the existence of the emergency and	77329
requiring that such action be taken as is necessary to meet the	77330
emergency. Notwithstanding division (A) of this section, such	77331
order shall be effective immediately. Any person to whom such	77332
order is directed shall comply therewith immediately, but on	77333
application to the director shall be afforded a hearing as soon as	77334
possible, and not later than twenty days after such application.	77335
On the basis of such hearing, the director shall continue such	77336
order in effect, revoke it, or modify it. No such emergency order	77337
shall remain in effect for more than sixty days after its	77338
issuance.	77339

Sec. 6115.09.  Within thirty days after the sanitary district	77340
has been declared a corporation by the court, the clerk of such	77341
court shall transmit to the secretary of state, and to the county	77342
recorder in each of the counties having lands in said district,	77343
copies of the findings and the decree of the court incorporating	77344
said district. The same shall be filed and recorded in the office	77345
of the secretary of state in the same manner as articles of	77346
incorporation are required to be filed and recorded under the	77347
general law concerning corporations. Copies shall also be filed	77348
and become permanent records in the office of the recorder of each	77349
county in which a part of the district lies. Each recorder shall	77350
receive a base fee of one dollar for filing and preserving such	77351
copies and a housing trust fund fee of one dollar pursuant to	77352
section 317.36 of the Revised Code, and the secretary of state	77353
shall receive for filing and for recording said copies such fees	77354
as are provided by law for like services in similar cases.	77355

Sec. 6117.02.  (A) The board of county commissioners shall	77356
fix reasonable rates, including penalties for late payments, for	77357
the use, or the availability for use, of the sanitary facilities	77358
of a sewer district to be paid by every person and public agency	77359
whose premises are served, or capable of being served, by a	77360
connection directly or indirectly to those facilities when those	77361
facilities are owned or operated by the county and may change the	77362
rates from time to time as it considers advisable. When the	77363
sanitary facilities to be used by the county are owned by another	77364
public agency or person, the schedule of rates to be charged by	77365
the public agency or person for the use of the facilities by the	77366
county, or the formula or other procedure for their determination,	77367
shall be approved by the board at the time it enters into a	77368
contract for that use.	77369

(B) The board also shall establish reasonable charges to be	77370
collected for the privilege of connecting to the sanitary	77371
facilities of the district, with the requirement that, prior to	77372
the connection, the charges shall be paid in full, or, if	77373
determined by the board to be equitable in a resolution relating	77374
to the payment of the charges, provision considered adequate by	77375
the board shall be made for their payment in installments at the	77376
times, in the amounts, and with the security, carrying charges,	77377
and penalties as may be found by the board in that resolution to	77378
be fair and appropriate. No public agency or person shall be	77379
permitted to connect to those facilities until the charges have	77380
been paid in full or provision for their payment in installments	77381
has been made. If the connection charges are to be paid in	77382
installments, the board shall certify to the county auditor	77383
information sufficient to identify each parcel of property served	77384
by a connection and, with respect to each parcel, the total of the	77385
charges to be paid in installments, the amount of each	77386
installment, and the total number of installments to be paid. The	77387
auditor shall record and maintain the information supplied in the	77388
sewer improvement record provided for in section 6117.33 of the	77389
Revised Code until the connection charges are paid in full. The	77390
board may include amounts attributable to connection charges being	77391
paid in installments in its billings of rates and charges for the	77392
use of sanitary facilities.	77393

(C) When any of the sanitary rates or charges are not paid	77394
when due, the board may do any or all of the following as it	77395
considers appropriate:	77396

(1) Certify the unpaid rates or charges, together with any	77397
penalties, to the county auditor, who shall place them upon the	77398
real property tax list and duplicate against the property served	77399
by the connection. The certified amount shall be a lien on the	77400
property from the date placed on the real property tax list and	77401
duplicate and shall be collected in the same manner as taxes,	77402
except that, notwithstanding section 323.15 of the Revised Code, a	77403
county treasurer shall accept a payment in that amount when	77404
separately tendered as payment for the full amount of the unpaid	77405
sanitary rates or charges and associated penalties. The lien shall	77406
be released immediately upon payment in full of the certified	77407
amount.	77408

(2) Collect the unpaid rates or charges, together with any	77409
penalties, by actions at law in the name of the county from an	77410
owner, tenant, or other person or public agency that is liable for	77411
the payment of the rates or charges;	77412

(3) Terminate, in accordance with established rules, the	77413
sanitary service to the particular property and, if so determined,	77414
any county water service to that property, unless and until the	77415
unpaid sanitary rates or charges, together with any penalties, are	77416
paid in full;	77417

(4) Apply, to the extent required, any security deposit made	77418
in accordance with established rules to the payment of sanitary	77419
rates and charges for service to the particular property.	77420

All moneys collected as sanitary rates, charges, or penalties	77421
fixed or established in accordance with divisions (A) and (B) of	77422
this section for any sewer district shall be paid to the county	77423
treasurer and kept in a separate and distinct sanitary fund	77424
established by the board to the credit of the district. Except as	77425
otherwise provided in any proceedings authorizing or providing for	77426
the security for and payment of any public obligations, or in any	77427
indenture or trust or other agreement securing public obligations,	77428
moneys in the sanitary fund shall be applied first to the payment	77429
of the cost of the management, maintenance, and operation of the	77430
sanitary facilities of, or used or operated for, the district,	77431
which cost may include the county's share of management,	77432
maintenance, and operation costs under cooperative contracts for	77433
the acquisition, construction, or use of sanitary facilities and,	77434
in accordance with a cost allocation plan adopted under division	77435
(E) of this section, payment of all allowable direct and indirect	77436
costs of the district, the county sanitary engineer or sanitary	77437
engineering department, or a federal or state grant program,	77438
incurred for sanitary purposes under this chapter, and shall be	77439
applied second to the payment of debt charges payable on any	77440
outstanding public obligations issued or incurred for the	77441
acquisition or construction of sanitary facilities for or serving	77442
the district, or for the funding of a bond retirement or other	77443
fund established for the payment of or security for the	77444
obligations. Any surplus remaining may be applied to the	77445
acquisition or construction of those facilities or for the payment	77446
of contributions to be made, or costs incurred, for the	77447
acquisition or construction of those facilities under cooperative	77448
contracts. Moneys in the sanitary fund shall not be expended other	77449
than for the use and benefit of the district.	77450

(D) The board may fix reasonable rates and charges, including	77451
connection charges and penalties for late payments, to be paid by	77452
any person or public agency owning or having possession or control	77453
of any properties that are connected with, capable of being served	77454
by, or otherwise served directly or indirectly by, drainage	77455
facilities owned or operated by or under the jurisdiction of the	77456
county, including, but not limited to, properties requiring, or	77457
lying within an area of the district requiring, in the judgment of	77458
the board, the collection, control, or abatement of waters	77459
originating or accumulating in, or flowing in, into, or through,	77460
the district, and may change those rates and charges from time to	77461
time as it considers advisable. TheIn addition, the board may fix	77462
the rates and charges in order to pay the costs of complying with	77463
the requirements of phase II of the storm water program of the	77464
national pollutant discharge elimination system established in 40	77465
C.F.R. part 122.	77466

The rates and charges shall be payable periodically as	77467
determined by the board, except that any connection charges shall	77468
be paid in full in one payment, or, if determined by the board to	77469
be equitable in a resolution relating to the payment of those	77470
charges, provision considered adequate by the board shall be made	77471
for their payment in installments at the times, in the amounts,	77472
and with the security, carrying charges, and penalties as may be	77473
found by the board in that resolution to be fair and appropriate.	77474
The board may include amounts attributable to connection charges	77475
being paid in installments in its billings of rates and charges	77476
for the services provided by the drainage facilities. In the case	77477
of rates and charges that are fixed in order to pay the costs of	77478
complying with the requirements of phase II of the storm water	77479
program of the national pollutant discharge elimination system	77480
established in 40 C.F.R. part 122, the rates and charges may be	77481
paid annually or semiannually with real property taxes, provided	77482
that the board certifies to the county auditor information that is	77483
sufficient for the auditor to identify each parcel of property for	77484
which a rate or charge is levied and the amount of the rate or	77485
charge.	77486

When any of the drainage rates or charges are not paid when	77487
due, the board may do any or all of the following as it considers	77488
appropriate:	77489

(1) Certify the unpaid rates or charges, together with any	77490
penalties, to the county auditor, who shall place them upon the	77491
real property tax list and duplicate against the property to which	77492
the rates or charges apply. The certified amount shall be a lien	77493
on the property from the date placed on the real property tax list	77494
and duplicate and shall be collected in the same manner as taxes,	77495
except that notwithstanding section 323.15 of the Revised Code, a	77496
county treasurer shall accept a payment in that amount when	77497
separately tendered as payment for the full amount of the unpaid	77498
drainage rates or charges and associated penalties. The lien shall	77499
be released immediately upon payment in full of the certified	77500
amount.	77501

(2) Collect the unpaid rates or charges, together with any	77502
penalties, by actions at law in the name of the county from an	77503
owner, tenant, or other person or public agency that is liable for	77504
the payment of the rates or charges;	77505

(3) Terminate, in accordance with established rules, the	77506
drainage service for the particular property until the unpaid	77507
rates or charges, together with any penalties, are paid in full;	77508

(4) Apply, to the extent required, any security deposit made	77509
in accordance with established rules to the payment of drainage	77510
rates and charges applicable to the particular property.	77511

All moneys collected as drainage rates, charges, or penalties	77512
in or for any sewer district shall be paid to the county treasurer	77513
and kept in a separate and distinct drainage fund established by	77514
the board to the credit of the district. Except as otherwise	77515
provided in any proceedings authorizing or providing for the	77516
security for and payment of any public obligations, or in any	77517
indenture or trust or other agreement securing public obligations,	77518
moneys in the drainage fund shall be applied first to the payment	77519
of the cost of the management, maintenance, and operation of the	77520
drainage facilities of, or used or operated for, the district,	77521
which cost may include the county's share of management,	77522
maintenance, and operation costs under cooperative contracts for	77523
the acquisition, construction, or use of drainage facilities and,	77524
in accordance with a cost allocation plan adopted under division	77525
(E) of this section, payment of all allowable direct and indirect	77526
costs of the district, the county sanitary engineer or sanitary	77527
engineering department, or a federal or state grant program,	77528
incurred for drainage purposes under this chapter, and shall be	77529
applied second to the payment of debt charges payable on any	77530
outstanding public obligations issued or incurred for the	77531
acquisition or construction of drainage facilities for or serving	77532
the district, or for the funding of a bond retirement or other	77533
fund established for the payment of or security for the	77534
obligations. Any surplus remaining may be applied to the	77535
acquisition or construction of those facilities or for the payment	77536
of contributions to be made, or costs incurred, for the	77537
acquisition or construction of those facilities under cooperative	77538
contracts. Moneys in the drainage fund shall not be expended other	77539
than for the use and benefit of the district.	77540

(E) A board of county commissioners may adopt a cost	77541
allocation plan that identifies, accumulates, and distributes	77542
allowable direct and indirect costs that may be paid from each of	77543
the funds of the district created pursuant to divisions (C) and	77544
(D) of this section, and that prescribes methods for allocating	77545
those costs. The plan shall authorize payment from each of those	77546
funds of only those costs incurred by the district, the county	77547
sanitary engineer or sanitary engineering department, or a federal	77548
or state grant program, and those costs incurred by the general	77549
and other funds of the county for a common or joint purpose, that	77550
are necessary and reasonable for the proper and efficient	77551
administration of the district under this chapter and properly	77552
attributable to the particular fund of the district. The plan	77553
shall not authorize payment from either of the funds of any	77554
general government expense required to carry out the overall	77555
governmental responsibilities of a county. The plan shall conform	77556
to United States office of management and budget Circular A-87,	77557
"Cost Principles for State, Local, and Indian Tribal Governments,"	77558
published May 17, 1995.	77559

Sec. 6119.06.  Upon the declaration of the court of common	77560
pleas organizing the regional water and sewer district pursuant to	77561
section 6119.04 of the Revised Code and upon the qualifying of its	77562
board of trustees and the election of a president and a secretary,	77563
said district shall exercise in its own name all the rights,	77564
powers, and duties vested in it by Chapter 6119. of the Revised	77565
Code, and, subject to such reservations, limitations and	77566
qualifications as are set forth in this Chapter, such district	77567
may:	77568

(A) Adopt bylaws for the regulation of its affairs, the	77569
conduct of its business, and notice of its actions;	77570

(B) Adopt an official seal;

77571

(C) Maintain a principal office and suboffices at such places	77572
within the district as it designates;	77573

(D) Sue and plead in its own name; be sued and impleaded in	77574
its own name with respect to its contracts or torts of its	77575
members, employees, or agents acting within the scope of their	77576
employment, or to enforce its obligations and covenants made under	77577
sections 6119.09, 6119.12, and 6119.14 of the Revised Code. Any	77578
such actions against the district shall be brought in the court of	77579
common pleas of the county in which the principal office of the	77580
district is located, or in the court of common pleas of the county	77581
in which the cause of action arose, and all summonses, exceptions,	77582
and notices of every kind shall be served on the district by	77583
leaving a copy thereof at the principal office with the person in	77584
charge thereof or with the secretary of the district;.	77585

(E) Assume any liability or obligation of any person or	77586
political subdivision, including a right on the part of such	77587
district to indemnify and save harmless the other contracting	77588
party from any loss, cost, or liability by reason of the failure,	77589
refusal, neglect, or omission of such district to perform any	77590
agreement assumed by it or to act or discharge any such	77591
obligation;	77592

(F) Make loans and grants to political subdivisions for the	77593
acquisition or construction of water resource projects by such	77594
political subdivisions and adopt rules, regulations, and	77595
procedures for making such loans and grants;	77596

(G) Acquire, construct, reconstruct, enlarge, improve,	77597
furnish, equip, maintain, repair, operate, lease or rent to or	77598
from, or contract for operation by or for, a political subdivision	77599
or person, water resource projects within or without the district,	77600
except that no water resource project shall be constructed within	77601
one thousand feet of a water supply facility that is owned or	77602
operated by a municipal corporation or a board of county	77603
commissioners pursuant to Chapter 6103. of the Revised Code if the	77604
facility is financed in whole or in part by obligations issued	77605
under Chapter 133., 6103., or 6121. of the Revised Code or by	77606
obligations issued by the state unless the project is for the sole	77607
purpose of increasing water pressure in water transmission lines	77608
owned or operated by the district and will not be used to sell or	77609
otherwise provide water to customers to which the municipal	77610
corporation or county supplies or may supply water from an	77611
existing water supply facility or unless the municipal corporation	77612
or the county, as applicable, gives consent to the construction by	77613
adopting an ordinance or a resolution;	77614

(H) Make available the use or service of any water resource	77615
project to one or more persons, one or more political	77616
subdivisions, or any combination thereof;	77617

(I) Levy and collect taxes and special assessments;

77618

(J) Issue bonds and notes and refunding bonds and notes as	77619
provided in Chapter 6119. of the Revised Code;	77620

(K) Acquire by gift or purchase, hold, and dispose of real	77621
and personal property in the exercise of its powers and the	77622
performance of its duties under Chapter 6119. of the Revised Code;	77623

(L) Dispose of, by public or private sale, or lease any real	77624
or personal property determined by the board of trustees to be no	77625
longer necessary or needed for the operation or purposes of the	77626
district;	77627

(M) Acquire, in the name of the district, by purchase or	77628
otherwise, on such terms and in such manner as it considers	77629
proper, or by the exercise of the right of condemnation in the	77630
manner provided by section 6119.11 of the Revised Code, such	77631
public or private lands, including public parks, playgrounds, or	77632
reservations, or parts thereof or rights therein, rights-of-way,	77633
property, rights, easements, and interests as it considers	77634
necessary for carrying out Chapter 6119. of the Revised Code, but	77635
excluding the acquisition by the exercise of the right of	77636
condemnation of any waste water facility or water management	77637
facility owned by any person or political subdivision, and	77638
compensation shall be paid for public or private lands so taken;	77639

(N) Adopt rules and regulations to protect augmented flow by	77640
the district in waters of the state, to the extent augmented by a	77641
water resource project, from depletion so it will be available for	77642
beneficial use, to provide standards for the withdrawal from	77643
waters of the state of the augmented flow created by a water	77644
resource project which is not returned to the waters of the state	77645
so augmented, and to establish reasonable charges therefor, if	77646
considered necessary by the district;	77647

(O) Make and enter into all contracts and agreements and	77648
execute all instruments necessary or incidental to the performance	77649
of its duties and the execution of its powers under Chapter 6119.	77650
of the Revised Code;	77651

(P) Enter into contracts with any person or any political	77652
subdivision to render services to such contracting party for any	77653
service the district is authorized to provide;	77654

(Q) Make provision for, contract for, or sell any of its	77655
by-products or waste;	77656

(R) Exercise the power of eminent domain in the manner	77657
provided in Chapter 6119. of the Revised Code;	77658

(S) Remove or change the location of any fence, building,	77659
railroad, canal, or other structure or improvement located in or	77660
out of the district, and in case it is not feasible or economical	77661
to move any such building, structure, or improvement situated in	77662
or upon lands required, and if the cost is determined by the board	77663
to be less than that of purchase or condemnation, to acquire land	77664
and construct, acquire, or install therein or thereon buildings,	77665
structures, or improvements similar in purpose, to be exchanged	77666
for such buildings, structures, or improvements under contracts	77667
entered into between the owner thereof and the district;	77668

(T) Receive and accept, from any federal or state agency,	77669
grants for or in aid of the construction of any water resource	77670
project, and receive and accept aid or contributions from any	77671
source of money, property, labor, or other things of value, to be	77672
held, used, and applied only for the purposes for which such	77673
grants and contributions are made;	77674

(U) Purchase fire and extended coverage and liability	77675
insurance for any water resource project and for the principal	77676
office and suboffices of the district, insurance protecting the	77677
district and its officers and employees against liability for	77678
damage to property or injury to or death of persons arising from	77679
its operations, and any other insurance the district may agree to	77680
provide under any resolution authorizing its water resource	77681
revenue bonds or in any trust agreement securing the same;	77682

(V) Charge, alter, and collect rentals and other charges for	77683
the use of services of any water resource project as provided in	77684
section 6119.09 of the Revised Code. Such district may refuse the	77685
services of any of its projects if any of such rentals or other	77686
charges, including penalties for late payment, are not paid by the	77687
user thereof, and, if such rentals or other charges are not paid	77688
when due and upon certification of nonpayment to the county	77689
auditor, such rentals or other charges constitute a lien upon the	77690
property so served, shall be placed by himthe auditor upon the	77691
real property tax list and duplicate, and shall be collected in	77692
the same manner as other taxes;.	77693

(W) Provide coverage for its employees under Chapters 145.,	77694
4123., and 4141. of the Revised Code;	77695

(X) Merge or combine with any other regional water and sewer	77696
district into a single district, which shall be one of the	77697
constituent districts, on terms so that the surviving district	77698
shall be possessed of all rights, capacity, privileges, powers,	77699
franchises, and authority of the constituent districts and shall	77700
be subject to all the liabilities, obligations, and duties of each	77701
of the constituent districts and all rights of creditors of such	77702
constituent districts shall be preserved unimpaired, limited in	77703
lien to the property affected by such liens immediately prior to	77704
the time of the merger and all debts, liabilities, and duties of	77705
the respective constituent districts shall thereafter attach to	77706
the surviving district and may be enforced against it, and such	77707
other terms as are agreed upon, provided two-thirds of the members	77708
of each of the boards consent to such merger or combination. Such	77709
merger or combination shall become legally effective unless, prior	77710
to the ninetieth day following the later of the consents,	77711
qualified electors residing in either district equal in number to	77712
a majority of the qualified electors voting at the last general	77713
election in such district file with the secretary of the board of	77714
trustees of their regional water and sewer district a petition of	77715
remonstrance against such merger or combination. The secretary	77716
shall cause the board of elections of the proper county or	77717
counties to check the sufficiency of the signatures on such	77718
petition.	77719

(Y) Exercise the powers of the district without obtaining the	77720
consent of any other political subdivision, provided that all	77721
public or private property damaged or destroyed in carrying out	77722
the powers of the district shall be restored or repaired and	77723
placed in its original condition as nearly as practicable or	77724
adequate compensation made therefor by the district;	77725

(Z) Require the owner of any premises located within the	77726
district to connect histhe owner's premises to a water resource	77727
project determined to be accessible to such premises and found to	77728
require such connection so as to prevent or abate pollution or	77729
protect the health and property of persons in the district. Such	77730
connection shall be made in accordance with procedures established	77731
by the board of trustees of such district and pursuant to such	77732
orders as the board may find necessary to ensure and enforce	77733
compliance with such procedures;.	77734

(AA) Do all acts necessary or proper to carry out the powers	77735
granted in Chapter 6119. of the Revised Code.	77736

Sec. 6119.10.  The board of trustees of a regional water and	77737
sewer district or any officer or employee designated by the board	77738
may make any contract for the purchase of supplies or material or	77739
for labor for any work, under the supervision of the board, the	77740
cost of which shall not exceed fifteentwenty-five thousand	77741
dollars. When an expenditure, other than for the acquisition of	77742
real estate and interests in real estate, the discharge of	77743
noncontractual claims, personal services, the joint use of	77744
facilities or the exercise of powers with other political	77745
subdivisions, or the product or services of public utilities,	77746
exceeds fifteentwenty-five thousand dollars, the expenditures	77747
shall be made only after a notice calling for bids has been	77748
published not less than two consecutive weeks in at least one	77749
newspaper having a general circulation within the district. If the	77750
bids are for a contract for the construction, demolition,	77751
alteration, repair, or reconstruction of an improvement, the board	77752
may let the contract to the lowest and best bidder who meets the	77753
requirements of section 153.54 of the Revised Code. If the bids	77754
are for a contract for any other work relating to the improvements	77755
for which a regional water and sewer district was established, the	77756
board of trustees of the regional water and sewer district may let	77757
the contract to the lowest or best bidder who gives a good and	77758
approved bond with ample security conditioned on the carrying out	77759
of the contract. The contract shall be in writing and shall be	77760
accompanied by or shall refer to plans and specifications for the	77761
work to be done, approved by the board. The plans and	77762
specifications shall at all times be made and considered part of	77763
the contract. The contract shall be approved by the board and	77764
signed by its president or other duly authorized officer and by	77765
the contractor. In case of a real and present emergency, the board	77766
of trustees of the district, by two-thirds vote of all members,	77767
may authorize the president or other duly authorized officer to	77768
enter into a contract for work to be done or for the purchase of	77769
supplies or materials without formal bidding or advertising. All	77770
contracts shall have attached the certificate required by section	77771
5705.41 of the Revised Code duly executed by the secretary of the	77772
board of trustees of the district. The district may make	77773
improvements by force account or direct labor, provided that, if	77774
the estimated cost of supplies or material for any such	77775
improvement exceeds fifteentwenty-five thousand dollars, bids	77776
shall be received as provided in this section. For the purposes of	77777
the competitive bidding requirements of this section, the board	77778
shall not sever a contract for supplies or materials and labor	77779
into separate contracts for labor, supplies, or materials if the	77780
contracts are in fact a part of a single contract required to be	77781
bid competitively under this section.	77782

Sec. 6301.05.  The chief elected official of a municipal	77783
corporation that is the type of local area defined in division	77784
(A)(1) of section 6301.01 of the Revised Code or is in the type of	77785
local area defined in division (A)(3) of that section shall enter	77786
into a written partnershipgrant agreement with the director of	77787
job and family services in accordance with section 5101.213	77788
5101.20 of the Revised Code.	77789

The board of county commissioners of a county that is the	77790
type of local area defined in division (A)(2) of section 6301.01	77791
of the Revised Code or is in the type of local area defined in	77792
division (A)(3) of that section shall enter into a written	77793
partnership agreement with the director of job and family services	77794
in accordance with section 5101.21 of the Revised Code.	77795

A grant agreement entered into pursuant to this section shall	77796
include the responsibility of municipal corporations and the board	77797
of county commissioners to be accountable to the department of job	77798
and family services for the use of funds provided through the	77799
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801,	77800
as amended, including regulations issued by the United States	77801
department of labor pursuant to that act.	77802

Sec. 6301.07.  (A) Every workforce policy board, with the	77803
agreement of the chief elected officials of the local area, and	77804
after holding public hearings that allow public comment and	77805
testimony, shall prepare a workforce development plan and	77806
incorporate that plan into and attach that plan to the partnership	77807
agreement required under section 6301.05 of the Revised Code. The	77808
plan shall accomplish all of the following:	77809

(1) Identify the workforce investment needs of businesses in	77810
the local area, identify projected employment opportunities, and	77811
identify the job skills necessary to obtain those opportunities;	77812

(2) Identify the local area's workforce development needs for	77813
youth, dislocated workers, adults, displaced homemakers, incumbent	77814
workers, and any other group of workers identified by the	77815
workforce policy board;	77816

(3) Determine the distribution of workforce development	77817
resources and funding to be distributed for each workforce	77818
development activity to meet the identified needs, utilizing the	77819
funds allocated pursuant to the "Workforce Investment Act of	77820
1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended;	77821

(4) Give priority to youth receiving independent living	77822
services pursuant to sections 2151.81 to 2151.84 of the Revised	77823
Code when determining distribution of workforce development	77824
resources and workforce development activity funding;	77825

(5) Review the minimum curriculum required by the state	77826
workforce policy board for certifying training providers and	77827
identify any additional curriculum requirements to include in	77828
contracts between the training providers and the chief elected	77829
officials of the local area;	77830

(6) Establish performance standards for service providers	77831
that reflect local workforce development needs;	77832

(7) Describe any other information the chief elected	77833
officials of the local area require.	77834

(B) A workforce policy board may provide policy guidance and	77835
recommendations to the chief elected officials of a local area for	77836
any workforce development activities.	77837

(C) Nothing in this section prohibits the chief elected	77838
officials of a local area from assigning, through a partnership	77839
agreement, any duties in addition to the duties under this section	77840
to a workforce policy board, except that a workforce policy board	77841
cannot contract with itself for the direct provision of services	77842
in its local area. A workforce policy board may consult with the	77843
chief elected officials of its local area and make recommendations	77844
regarding the workforce development activities provided in its	77845
local area at any time.	77846

Section 2. That existing sections 9.01, 9.83, 101.34, 101.72,	77847
101.82, 102.02, 109.57, 109.572, 109.71, 117.101, 117.16, 117.44,	77848
117.45, 119.035, 121.04, 121.08, 121.084, 121.41, 121.48, 121.62,	77849
122.011, 122.04, 122.08, 122.17, 122.171, 122.25, 122.651,	77850
122.658, 122.87, 122.88, 123.01, 124.03, 124.15, 124.152, 124.181,	77851
125.15, 125.91, 125.92, 125.93, 125.95, 125.96, 125.98, 127.16,	77852
131.02, 131.23, 131.35, 145.38, 147.01, 147.37, 149.011, 149.30,	77853
149.31, 149.33, 149.331, 149.332, 149.333, 149.34, 149.35,	77854
153.65, 164.27, 165.09, 173.06, 173.061, 173.062, 173.07, 173.071,	77855
173.14, 173.26, 173.54, 175.03, 175.21, 175.22, 183.02, 306.35,	77856
306.99, 307.86, 307.87, 307.93, 307.98, 307.981, 307.987, 311.17,	77857
317.32, 321.24, 323.01, 323.13, 325.31, 329.03, 329.04, 329.05,	77858
329.051, 329.06, 340.021, 340.03, 341.05, 341.25, 504.03, 504.04,	77859
505.376, 507.09, 511.12, 515.01, 515.07, 521.05, 715.013, 718.01,	77860
718.02, 718.05, 718.11, 718.14, 718.15, 718.151, 731.14, 731.141,	77861
735.05, 737.03, 753.22, 901.17, 901.21, 901.22, 901.63, 902.11,	77862
921.151, 927.53, 927.69, 929.01, 955.51, 1309.109, 1317.07,	77863
1321.21, 1333.99, 1337.11, 1346.02, 1501.04, 1503.05, 1513.05,	77864
1515.08, 1519.05, 1521.06, 1521.063, 1531.26, 1533.08, 1533.10,	77865
1533.101, 1533.11, 1533.111, 1533.112, 1533.13, 1533.151, 1533.19,	77866
1533.23, 1533.301, 1533.32, 1533.35, 1533.40, 1533.54, 1533.631,	77867
1533.632, 1533.71, 1533.82, 1541.10, 1563.42, 1702.59, 1711.13,	77868
1711.15, 1711.17, 2101.16, 2117.06, 2117.25, 2133.01, 2151.352,	77869
2151.3529, 2151.3530, 2151.83, 2151.84, 2152.19, 2301.58,	77870
2305.234, 2329.07, 2329.66, 2505.13, 2715.041, 2715.045, 2716.13,	77871
2743.02, 2743.60, 2915.01, 2915.02, 2915.08, 2915.09, 2915.091,	77872
2915.092, 2915.093, 2915.10, 2915.101, 2915.13, 2917.41, 2921.13,	77873
2923.35, 2925.44, 2929.38, 2933.43, 2935.01, 2935.36, 2949.091,	77874
3111.04, 3119.01, 3121.01, 3123.952, 3125.12, 3301.0710,	77875
3301.0711, 3301.0714, 3301.52, 3301.53, 3301.54, 3301.55, 3301.57,	77876
3301.58, 3301.68, 3301.80, 3302.03, 3311.05, 3311.24, 3311.26,	77877
3313.41, 3313.843, 3313.976, 3313.978, 3313.979, 3313.981,	77878
3314.02, 3314.041, 3314.07, 3314.08, 3314.17, 3316.031, 3316.08,	77879
3317.012, 3317.013, 3317.014, 3317.022, 3317.023, 3317.024,	77880
3317.029, 3317.0217, 3317.03, 3317.032, 3317.05, 3317.064,	77881
3317.07, 3317.09, 3317.10, 3317.15, 3317.16, 3318.01, 3318.03,	77882
3318.042, 3318.05, 3318.06, 3318.08, 3318.30, 3318.31, 3318.37,	77883
3318.41, 3319.01, 3319.02, 3319.03, 3319.07, 3319.19, 3319.22,	77884
3319.33, 3319.36, 3323.16, 3327.01, 3327.011, 3329.06, 3329.08,	77885
3332.04, 3333.12, 3353.11, 3361.01, 3375.41, 3377.01, 3377.06,	77886
3383.01, 3383.07, 3501.18, 3501.30, 3503.10, 3505.01, 3505.061,	77887
3505.08, 3505.10, 3517.092, 3701.02, 3701.021, 3701.022, 3701.024,	77888
3701.141, 3701.145, 3701.342, 3701.82, 3701.83, 3701.881, 3701.99,	77889
3702.31, 3702.529, 3702.53, 3702.532, 3702.54, 3702.544, 3702.55,	77890
3702.60, 3702.61, 3702.68, 3702.74, 3705.01, 3705.23, 3705.24,	77891
3709.09, 3710.05, 3710.07, 3711.021, 3721.02, 3721.121, 3721.19,	77892
3721.51, 3721.56, 3722.151, 3733.43, 3733.45, 3734.02, 3734.05,	77893
3734.12, 3734.123, 3734.124, 3734.18, 3734.28, 3734.42, 3734.44,	77894
3734.46, 3734.57, 3735.27, 3735.67, 3735.671, 3737.01, 3737.02,	77895
3737.03, 3737.21, 3737.22, 3737.65, 3737.71, 3737.81, 3737.82,	77896
3737.83, 3737.84, 3737.85, 3737.86, 3737.88, 3737.881, 3737.882,	77897
3737.883, 3737.89, 3737.91, 3737.92, 3737.98, 3741.14, 3743.57,	77898
3743.75, 3745.04, 3745.11, 3745.14, 3745.40, 3746.02, 3746.13,	77899
3747.16, 3748.07, 3748.13, 3769.087, 3770.07, 3770.10, 3770.12,	77900
3770.99, 3773.33, 3773.43, 3781.07, 3781.19, 3901.491, 3901.501,	77901
3901.72, 3901.86, 4104.01, 4104.02, 4104.04, 4104.06, 4104.07,	77902
4104.08, 4104.15, 4104.18, 4104.19, 4104.20, 4104.41, 4104.44,	77903
4104.45, 4104.46, 4105.17, 4112.15, 4115.10, 4117.02, 4117.14,	77904
4123.27, 4123.41, 4141.04, 4141.09, 4141.23, 4301.03, 4301.19,	77905
4303.02, 4303.021, 4303.03, 4303.04, 4303.05, 4303.06, 4303.07,	77906
4303.08, 4303.09, 4303.10, 4303.11, 4303.12, 4303.121, 4303.13,	77907
4303.14, 4303.141, 4303.15, 4303.151, 4303.16, 4303.17, 4303.171,	77908
4303.18, 4303.181, 4303.182, 4303.183, 4303.184, 4303.19, 4303.20,	77909
4303.201, 4303.202, 4303.203, 4303.204, 4303.21, 4303.22, 4303.23,	77910
4303.231, 4501.06, 4503.101, 4503.103, 4505.06, 4506.14, 4506.15,	77911
4506.16, 4506.20, 4506.24, 4508.08, 4509.60, 4511.33, 4511.62,	77912
4511.63, 4519.55, 4707.071, 4707.072, 4707.10, 4709.12, 4717.07,	77913
4717.09, 4719.01, 4723.01, 4723.06, 4723.07, 4723.08, 4723.082,	77914
4723.17, 4723.271, 4723.34, 4723.35, 4723.431, 4723.63, 4729.01,	77915
4729.41, 4731.27, 4731.65, 4731.71, 4734.15, 4736.12, 4743.05,	77916
4747.05, 4747.06, 4747.07, 4747.10, 4749.01, 4749.02, 4749.03,	77917
4749.04, 4749.05, 4749.06, 4749.07, 4749.08, 4749.10, 4749.11,	77918
4749.12, 4749.13, 4749.14, 4751.06, 4751.07, 4755.03, 4759.08,	77919
4771.22, 4779.08, 4779.17, 4779.18, 4903.24, 4905.79, 4905.91,	77920
4919.79, 4928.62, 4928.63, 4931.45, 4931.47, 4931.48, 4973.17,	77921
4981.20, 5101.11, 5101.14, 5101.141, 5101.142, 5101.144, 5101.145,	77922
5101.146, 5101.16, 5101.162, 5101.18, 5101.181, 5101.21, 5101.211,	77923
5101.212, 5101.22, 5101.24, 5101.26, 5101.27, 5101.28, 5101.35,	77924
5101.36, 5101.58, 5101.59, 5101.75, 5101.80, 5101.83, 5101.97,	77925
5103.031, 5103.033, 5103.034, 5103.036, 5103.037, 5103.038,	77926
5103.0312, 5103.0313, 5103.0314, 5103.0315, 5103.0316, 5103.154,	77927
5104.01, 5104.011, 5104.02, 5104.04, 5104.30, 5104.32, 5107.02,	77928
5107.30, 5107.37, 5107.40, 5107.60, 5108.01, 5108.03, 5108.06,	77929
5108.07, 5108.09, 5108.10, 5111.0112, 5111.02, 5111.021, 5111.022,	77930
5111.03, 5111.06, 5111.082, 5111.111, 5111.17, 5111.171, 5111.20,	77931
5111.21, 5111.22, 5111.25, 5111.251, 5111.252, 5111.28, 5111.29,	77932
5111.30, 5111.31, 5111.34, 5111.85, 5111.87, 5111.871, 5111.872,	77933
5111.873, 5111.92, 5111.94, 5112.03, 5112.08, 5112.17, 5112.31,	77934
5112.99, 5115.01, 5115.02, 5115.03, 5115.04, 5115.05, 5115.07,	77935
5115.10, 5115.11, 5115.13, 5115.15, 5115.20, 5119.61, 5119.611,	77936
5120.52, 5123.01, 5123.051, 5123.19, 5123.60, 5123.801, 5126.01,	77937
5126.042, 5126.11, 5126.12, 5126.121, 5126.15, 5126.18, 5126.44,	77938
5139.04, 5139.04, 5139.33, 5139.34, 5139.36, 5139.41, 5139.43,	77939
5139.87, 5153.122, 5153.16, 5153.163, 5153.60, 5153.69, 5153.72,	77940
5153.78, 5301.68, 5301.691, 5310.15, 5502.01, 5502.13, 5549.21,	77941
5703.052, 5705.39, 5705.41, 5705.412, 5709.20, 5709.21, 5709.22,	77942
5709.25, 5709.26, 5709.27, 5709.61, 5709.62, 5709.63, 5709.632,	77943
5709.64, 5711.02, 5711.13, 5711.18, 5711.22, 5711.27, 5711.33,	77944
5713.07, 5713.08, 5713.081, 5713.082, 5713.30, 5715.27, 5715.39,	77945
5717.03, 5719.07, 5727.111, 5727.30, 5727.32, 5727.33, 5727.56,	77946
5727.84, 5728.04, 5728.06, 5728.99, 5733.04, 5733.05, 5733.051,	77947
5733.056, 5733.059, 5733.06, 5733.0611, 5733.09, 5733.121,	77948
5733.18, 5733.22, 5733.45, 5733.98, 5735.05, 5735.14, 5735.142,	77949
5735.15, 5735.19, 5735.23, 5735.26, 5735.291, 5735.30, 5735.99,	77950
5739.01, 5739.011, 5739.012, 5739.02, 5739.021, 5739.022,	77951
5739.023, 5739.025, 5739.026, 5739.03, 5739.032, 5739.033,	77952
5739.10, 5739.12, 5739.121, 5739.122, 5739.17, 5739.21, 5739.33,	77953
5741.01, 5741.02, 5741.021, 5741.022, 5741.023, 5741.121, 5743.05,	77954
5743.21, 5743.45, 5745.01, 5745.02, 5745.04, 5747.02, 5747.12,	77955
5747.31, 5901.021, 6101.09, 6103.02, 6109.21, 6111.06, 6115.09,	77956
6117.02, 6119.06, 6119.10, 6301.05, and 6301.07, and sections	77957
Sec. 122.12. ,        Sec. 125.931. ,        Sec. 125.932. ,        Sec. 125.933. ,        Sec. 125.934. ,        Sec. 125.935. ,        Sec. 131.38. ,	77958
Sec. 179.01. ,        Sec. 179.02. ,        Sec. 179.03. ,        Sec. 179.04. ,        Sec. 319.311. ,        Sec. 504.21. ,        Sec. 718.03. ,        Sec. 1333.96. ,	77959
Sec. 1533.06. ,        Sec. 1533.39. ,        Sec. 1553.01. ,        Sec. 1553.02. ,        Sec. 1553.03. ,        Sec. 1553.04. ,        Sec. 1553.05. ,	77960
Sec. 1553.06. ,        Sec. 1553.07. ,        Sec. 1553.08. ,        Sec. 1553.09. ,        Sec. 1553.10. ,        Sec. 1553.99. ,        Sec. 2305.26. ,	77961
Sec. 3301.078. ,        Sec. 3301.0719. ,        Sec. 3301.0724. ,        Sec. 3301.31. ,        Sec. 3301.581. ,        Sec. 3313.82. ,	77962
Sec. 3313.83. ,        Sec. 3313.94. ,        Sec. 3317.11. ,        Sec. 3318.033. ,        Sec. 3318.052. ,        Sec. 3318.35. ,        Sec. 3319.06. ,	77963
Sec. 3319.34. ,        Sec. 3701.142. ,        Sec. 3701.144. ,        Sec. 3702.543. ,        Sec. 3702.581. ,        Sec. 4104.42. ,        Sec. 4104.43. ,	77964
Sec. 4141.044. ,        Sec. 4141.045. ,        Sec. 5101.213. ,        Sec. 5101.251. ,        Sec. 5108.05. ,        Sec. 5111.017. ,	77965
Sec. 5111.173. ,        Sec. 5115.011. ,        Sec. 5115.012. ,        Sec. 5115.06. ,        Sec. 5115.061. ,        Sec. 5139.42. ,        Sec. 5139.45. ,	77966
Sec. 5709.211. ,        Sec. 5709.23. ,        Sec. 5709.231. ,        Sec. 5709.24. ,        Sec. 5709.30. ,        Sec. 5709.31. ,        Sec. 5709.32. ,	77967
Sec. 5709.33. ,        Sec. 5709.34. ,        Sec. 5709.35. ,        Sec. 5709.36. ,        Sec. 5709.37. ,        Sec. 5709.45. ,        Sec. 5709.46. ,	77968
Sec. 5709.47. ,        Sec. 5709.48. ,        Sec. 5709.49. ,        Sec. 5709.50. ,        Sec. 5709.51. ,        Sec. 5709.52. ,        Sec. 5727.39. ,	77969
Sec. 5727.44. ,        Sec. 5733.111. ,        Sec. 5735.33. ,        Sec. 5739.034. ,        Sec. 5739.35. ,        Sec. 5741.011. ,        Sec. 5741.24. ,	77970
Sec. 5743.46. ,        Sec. 5747.131. ,        Sec. 5747.60. ,        Sec. 6111.31. ,        Sec. 6113.311. ,        Sec. 6111.32. ,        Sec. 6111.34. ,	77971
Sec. 6111.35. ,        Sec. 6111.36. ,        Sec. 6111.37. ,        Sec. 6111.38. , and        Sec. 6111.39.  of the Revised	77972
Code are hereby repealed.	77973

Section 3.01. That the version of section 921.22 of the	77974
Revised Code that is scheduled to take effect July 1, 2004, be	77975
amended to read as follows:	77976

Sec. 921.22.  The pesticide program fund is hereby created in	77977
the state treasury. AllThe portion of the money in the fund that	77978
is collected under this chapter shall be used to carry out the	77979
purposes of this chapter. The portion of the money in the fund	77980
that is collected under section 927.53 of the Revised Code shall	77981
be used to carry out the purposes specified in that section, the	77982
portion of the money in the fund that is collected under section	77983
927.69 of the Revised Code shall be used to carry out the purposes	77984
specified in that section, and the portion of the money in the	77985
fund that is collected under section 927.701 of the Revised Code	77986
shall be used to carry out the purposes of that section. The fund	77987
shall consist of fees collected under sections 921.01 to 921.15,	77988
division (F) of section 927.53, and section 927.69 of the Revised	77989
Code, money collected under section 927.701 of the Revised Code,	77990
and all fines, penalties, costs, and damages, except court costs,	77991
that are collected by either the director of agriculture or the	77992
attorney general in consequence of any violation of this chapter.	77993

Section 3.02. That the existing version of section 921.22 of	77994
the Revised Code that is scheduled to take effect July 1, 2004, is	77995
hereby repealed.	77996

Section 3.03. Sections 3.01 and 3.02 of this act take effect	77997
July 1, 2004.	77998

Section 3.04. That the version of section 3332.04 of the	77999
Revised Code that is scheduled to take effect on July 1, 2003, be	78000
amended to read as follows:	78001

Sec. 3332.04.  The state board of career colleges and schools	78002
may appoint an executive director and such other staff as may be	78003
required for the performance of the board's duties and provide	78004
necessary facilities. In selecting an executive director, the	78005
board shall appoint an individual with a background or experience	78006
in the regulation of commerce, business, or education. The board	78007
may also arrange for services and facilities to be provided by the	78008
state board of education and the Ohio board of regents. All	78009
receipts of the board shall be deposited in the career colleges	78010
and schools operating fund, which is hereby created in the state	78011
treasury. Moneys in the fund shall be used solely for the	78012
administration and enforcement of Chapter 3332. of the Revised	78013
Code. All investment earnings on the fund shall be credited to the	78014
to the credit of the occupational licensing and regulatory fund.	78015

Section 3.05. That the version of section 3332.04 of the	78016
Revised Code that is scheduled to take effect on July 1, 2003, is	78017
hereby repealed.	78018

Section 3.06. Sections 3.04 and 3.05 of this act take effect	78019
July 1, 2003.	78020

Section 3.06A. That the version of section 2305.234 of the	78021
Revised Code that is scheduled to take effect January 1, 2004, be	78022
amended to read as follows:	78023

Sec. 2305.234.  (A) As used in this section:

78024

(1) "Chiropractic claim," "medical claim," and "optometric	78025
claim" have the same meanings as in section 2305.113 of the	78026
Revised Code.	78027

(2) "Dental claim" has the same meaning as in section	78028
2305.113 of the Revised Code, except that it does not include any	78029
claim arising out of a dental operation or any derivative claim	78030
for relief that arises out of a dental operation.	78031

(3) "Governmental health care program" has the same meaning	78032
as in section 4731.65 of the Revised Code.	78033

(4) "Health care professional" means any of the following who	78034
provide medical, dental, or other health-related diagnosis, care,	78035
or treatment:	78036

(a) Physicians authorized under Chapter 4731. of the Revised	78037
Code to practice medicine and surgery or osteopathic medicine and	78038
surgery;	78039

(b) Registered nurses, advanced practice nurses, and licensed	78040
practical nurses licensed under Chapter 4723. of the Revised Code;	78041

(c) Physician assistants authorized to practice under Chapter	78042
4730. of the Revised Code;	78043

(d) Dentists and dental hygienists licensed under Chapter	78044
4715. of the Revised Code;	78045

(e) Physical therapists licensed under Chapter 4755. of the	78046
Revised Code;	78047

(f) Chiropractors licensed under Chapter 4734. of the Revised	78048
Code;	78049

(g) Optometrists licensed under Chapter 4725. of the Revised	78050
Code;	78051

(h) Podiatrists authorized under Chapter 4731. of the Revised	78052
Code to practice podiatry;	78053

(i) Dietitians licensed under Chapter 4759. of the Revised	78054
Code;	78055

(j) Pharmacists licensed under Chapter 4729. of the Revised	78056
Code;	78057

(k) Emergency medical technicians-basic, emergency medical	78058
technicians-intermediate, and emergency medical	78059
technicians-paramedic, certified under Chapter 4765. of the	78060
Revised Code.	78061

(5) "Health care worker" means a person other than a health	78062
care professional who provides medical, dental, or other	78063
health-related care or treatment under the direction of a health	78064
care professional with the authority to direct that individual's	78065
activities, including medical technicians, medical assistants,	78066
dental assistants, orderlies, aides, and individuals acting in	78067
similar capacities.	78068

(6) "Indigent and uninsured person" means a person who meets	78069
all of the following requirements:	78070

(a) The person's income is not greater than one hundred fifty	78071
per cent of the current poverty line as defined by the United	78072
States office of management and budget and revised in accordance	78073
with section 673(2) of the "Omnibus Budget Reconciliation Act of	78074
1981," 95 Stat. 511, 42 U.S.C. 9902, as amended.	78075

(b) The person is not eligible to receive medical assistance	78076
under Chapter 5111., disability assistance medical assistance	78077
under Chapter 5115. of the Revised Code, or assistance under any	78078
other governmental health care program.	78079

(c) Either of the following applies:

78080

(i) The person is not a policyholder, certificate holder,	78081
insured, contract holder, subscriber, enrollee, member,	78082
beneficiary, or other covered individual under a health insurance	78083
or health care policy, contract, or plan.	78084

(ii) The person is a policyholder, certificate holder,	78085
insured, contract holder, subscriber, enrollee, member,	78086
beneficiary, or other covered individual under a health insurance	78087
or health care policy, contract, or plan, but the insurer, policy,	78088
contract, or plan denies coverage or is the subject of insolvency	78089
or bankruptcy proceedings in any jurisdiction.	78090

(7) "Operation" means any procedure that involves cutting or	78091
otherwise infiltrating human tissue by mechanical means, including	78092
surgery, laser surgery, ionizing radiation, therapeutic	78093
ultrasound, or the removal of intraocular foreign bodies.	78094
"Operation" does not include the administration of medication by	78095
injection, unless the injection is administered in conjunction	78096
with a procedure infiltrating human tissue by mechanical means	78097
other than the administration of medicine by injection.	78098

(8) "Nonprofit shelter or health care facility" means a	78099
charitable nonprofit corporation organized and operated pursuant	78100
to Chapter 1702. of the Revised Code, or any charitable	78101
organization not organized and not operated for profit, that	78102
provides shelter, health care services, or shelter and health care	78103
services to indigent and uninsured persons, except that "shelter	78104
or health care facility" does not include a hospital as defined in	78105
section 3727.01 of the Revised Code, a facility licensed under	78106
Chapter 3721. of the Revised Code, or a medical facility that is	78107
operated for profit.	78108

(9) "Tort action" means a civil action for damages for	78109
injury, death, or loss to person or property other than a civil	78110
action for damages for a breach of contract or another agreement	78111
between persons or government entities.	78112

(10) "Volunteer" means an individual who provides any	78113
medical, dental, or other health-care related diagnosis, care, or	78114
treatment without the expectation of receiving and without receipt	78115
of any compensation or other form of remuneration from an indigent	78116
and uninsured person, another person on behalf of an indigent and	78117
uninsured person, any shelter or health care facility, or any	78118
other person or government entity.	78119

(11) "Community control sanction" has the same meaning as in	78120
section 2929.01 of the Revised Code.	78121

(B)(1) Subject to divisions (E) and (F)(3) of this section, a	78122
health care professional who is a volunteer and complies with	78123
division (B)(2) of this section is not liable in damages to any	78124
person or government entity in a tort or other civil action,	78125
including an action on a medical, dental, chiropractic,	78126
optometric, or other health-related claim, for injury, death, or	78127
loss to person or property that allegedly arises from an action or	78128
omission of the volunteer in the provision at a nonprofit shelter	78129
or health care facility to an indigent and uninsured person of	78130
medical, dental, or other health-related diagnosis, care, or	78131
treatment, including the provision of samples of medicine and	78132
other medical products, unless the action or omission constitutes	78133
willful or wanton misconduct.	78134

(2) To qualify for the immunity described in division (B)(1)	78135
of this section, a health care professional shall do all of the	78136
following prior to providing diagnosis, care, or treatment:	78137

(a) Determine, in good faith, that the indigent and uninsured	78138
person is mentally capable of giving informed consent to the	78139
provision of the diagnosis, care, or treatment and is not subject	78140
to duress or under undue influence;	78141

(b) Inform the person of the provisions of this section;

78142

(c) Obtain the informed consent of the person and a written	78143
waiver, signed by the person or by another individual on behalf of	78144
and in the presence of the person, that states that the person is	78145
mentally competent to give informed consent and, without being	78146
subject to duress or under undue influence, gives informed consent	78147
to the provision of the diagnosis, care, or treatment subject to	78148
the provisions of this section.	78149

(3) A physician or podiatrist who is not covered by medical	78150
malpractice insurance, but complies with division (B)(2) of this	78151
section, is not required to comply with division (A) of section	78152
4731.143 of the Revised Code.	78153

(C) Subject to divisions (E) and (F)(3) of this section,	78154
health care workers who are volunteers are not liable in damages	78155
to any person or government entity in a tort or other civil	78156
action, including an action upon a medical, dental, chiropractic,	78157
optometric, or other health-related claim, for injury, death, or	78158
loss to person or property that allegedly arises from an action or	78159
omission of the health care worker in the provision at a nonprofit	78160
shelter or health care facility to an indigent and uninsured	78161
person of medical, dental, or other health-related diagnosis,	78162
care, or treatment, unless the action or omission constitutes	78163
willful or wanton misconduct.	78164

(D) Subject to divisions (E) and (F)(3) of this section and	78165
section 3701.071 of the Revised Code, a nonprofit shelter or	78166
health care facility associated with a health care professional	78167
described in division (B)(1) of this section or a health care	78168
worker described in division (C) of this section is not liable in	78169
damages to any person or government entity in a tort or other	78170
civil action, including an action on a medical, dental,	78171
chiropractic, optometric, or other health-related claim, for	78172
injury, death, or loss to person or property that allegedly arises	78173
from an action or omission of the health care professional or	78174
worker in providing for the shelter or facility medical, dental,	78175
or other health-related diagnosis, care, or treatment to an	78176
indigent and uninsured person, unless the action or omission	78177
constitutes willful or wanton misconduct.	78178

(E)(1) Except as provided in division (E)(2) of this section,	78179
the immunities provided by divisions (B), (C), and (D) of this	78180
section are not available to an individual or to a nonprofit	78181
shelter or health care facility if, at the time of an alleged	78182
injury, death, or loss to person or property, the individuals	78183
involved are providing one of the following:	78184

(a) Any medical, dental, or other health-related diagnosis,	78185
care, or treatment pursuant to a community service work order	78186
entered by a court under division (B) of section 2951.02 of the	78187
Revised Code or imposed by a court as a community control	78188
sanction;	78189

(b) Performance of an operation;

78190

(c) Delivery of a baby.

78191

(2) Division (E)(1) of this section does not apply to an	78192
individual who provides, or a nonprofit shelter or health care	78193
facility at which the individual provides, diagnosis, care, or	78194
treatment that is necessary to preserve the life of a person in a	78195
medical emergency.	78196

(F)(1) This section does not create a new cause of action or	78197
substantive legal right against a health care professional, health	78198
care worker, or nonprofit shelter or health care facility.	78199

(2) This section does not affect any immunities from civil	78200
liability or defenses established by another section of the	78201
Revised Code or available at common law to which an individual or	78202
a nonprofit shelter or health care facility may be entitled in	78203
connection with the provision of emergency or other diagnosis,	78204
care, or treatment.	78205

(3) This section does not grant an immunity from tort or	78206
other civil liability to an individual or a nonprofit shelter or	78207
health care facility for actions that are outside the scope of	78208
authority of health care professionals or health care workers.	78209

(4) This section does not affect any legal responsibility of	78210
a health care professional or health care worker to comply with	78211
any applicable law of this state or rule of an agency of this	78212
state.	78213

(5) This section does not affect any legal responsibility of	78214
a nonprofit shelter or health care facility to comply with any	78215
applicable law of this state, rule of an agency of this state, or	78216
local code, ordinance, or regulation that pertains to or regulates	78217
building, housing, air pollution, water pollution, sanitation,	78218
health, fire, zoning, or safety.	78219

Section 3.06B. That the existing version of section 2305.234	78220
of the Revised Code that is scheduled to take effect January 1,	78221
2004, is hereby repealed.	78222

Section 3.06C. Sections 3.06A and 3.06B of this act take	78223
effect January 1, 2004.	78224

Section 3.06D. That the version of section 3734.44 of the	78225
Revised Code that is scheduled to take effect January 1, 2004, be	78226
amended to read as follows:	78227

Sec. 3734.44.  Notwithstanding the provisions of any law to	78228
the contrary, no permit or license shall be issued or renewed by	78229
the director of environmental protection, the hazardous waste	78230
facility board, or a board of health:	78231

(A) Unless the director, the hazardous waste facility board,	78232
or the board of health finds that the applicant, in any prior	78233
performance record in the transportation, transfer, treatment,	78234
storage, or disposal of solid wastes, infectious wastes, or	78235
hazardous waste, has exhibited sufficient reliability, expertise,	78236
and competency to operate the solid waste, infectious waste, or	78237
hazardous waste facility, given the potential for harm to human	78238
health and the environment that could result from the	78239
irresponsible operation of the facility, or, if no prior record	78240
exists, that the applicant is likely to exhibit that reliability,	78241
expertise, and competence;	78242

(B) If any individual or business concern required to be	78243
listed in the disclosure statement or shown to have a beneficial	78244
interest in the business of the applicant or the permittee, other	78245
than an equity interest or debt liability, by the investigation	78246
thereof, has been convicted of any of the following crimes under	78247
the laws of this state or equivalent laws of any other	78248
jurisdiction:	78249

(1) Murder;

78250

(2) Kidnapping;

78251

(3) Gambling;

78252

(4) Robbery;

78253

(5) Bribery;

78254

(6) Extortion;

78255

(7) Criminal usury;

78256

(8) Arson;

78257

(9) Burglary;

78258

(10) Theft and related crimes;

78259

(11) Forgery and fraudulent practices;

78260

(12) Fraud in the offering, sale, or purchase of securities;

78261

(13) Alteration of motor vehicle identification numbers;

78262

(14) Unlawful manufacture, purchase, use, or transfer of	78263
firearms;	78264

(15) Unlawful possession or use of destructive devices or	78265
explosives;	78266

(16) A violation of section 2925.03, 2925.04, 2925.05,	78267
2925.06, 2925.11, 2925.32, or 2925.37 or Chapter 3719. of the	78268
Revised Code, unless the violation is for possession of less than	78269
one hundred grams of marihuana, less than five grams of marihuana	78270
resin or extraction or preparation of marihuana resin, or less	78271
than one gram of marihuana resin in a liquid concentrate, liquid	78272
extract, or liquid distillate form;	78273

(17) Engaging in a pattern of corrupt activity under section	78274
2923.32 of the Revised Code;	78275

(18) A violation of the criminal provisions of Chapter 1331.	78276
of the Revised Code;	78277

(19) Any violation of the criminal provisions of any federal	78278
or state environmental protection laws, rules, or regulations that	78279
is committed knowingly or recklessly, as defined in section	78280
2901.22 of the Revised Code;	78281

(20) A violation of any provision of Chapter 2909. of the	78282
Revised Code;	78283

(21) Any offense specified in Chapter 2921. of the Revised	78284
Code.	78285

(C) Notwithstanding division (B) of this section, no	78286
applicant shall be denied the issuance or renewal of a permit or	78287
license on the basis of a conviction of any individual or business	78288
concern required to be listed in the disclosure statement or shown	78289
to have a beneficial interest in the business of the applicant or	78290
the permittee, other than an equity interest or debt liability, by	78291
the investigation thereof for any of the offenses enumerated in	78292
that division as disqualification criteria if that applicant has	78293
affirmatively demonstrated rehabilitation of the individual or	78294
business concern by a preponderance of the evidence. If any such	78295
individual was convicted of any of the offenses so enumerated that	78296
are felonies, a permit shall be denied unless five years have	78297
elapsed since the individual was fully discharged from	78298
imprisonment and parole for the offense, from a community control	78299
sanction imposed under section 2929.15 of the Revised Code, from a	78300
post-release control sanction imposed under section 2967.28 of the	78301
Revised Code for the offense, or imprisonment, probation, and	78302
parole for an offense that was committed prior to July 1, 1996. In	78303
determining whether an applicant has affirmatively demonstrated	78304
rehabilitation, the director, the hazardous waste facility board,	78305
or the board of health shall request a recommendation on the	78306
matter from the attorney general and shall consider and base the	78307
determination on the following factors:	78308

(1) The nature and responsibilities of the position a	78309
convicted individual would hold;	78310

(2) The nature and seriousness of the offense;

78311

(3) The circumstances under which the offense occurred;

78312

(4) The date of the offense;

78313

(5) The age of the individual when the offense was committed;

78314

(6) Whether the offense was an isolated or repeated incident;

78315

(7) Any social conditions that may have contributed to the	78316
offense;	78317

(8) Any evidence of rehabilitation, including good conduct in	78318
prison or in the community, counseling or psychiatric treatment	78319
received, acquisition of additional academic or vocational	78320
schooling, successful participation in correctional work release	78321
programs, or the recommendation of persons who have or have had	78322
the applicant under their supervision;	78323

(9) In the instance of an applicant that is a business	78324
concern, rehabilitation shall be established if the applicant has	78325
implemented formal management controls to minimize and prevent the	78326
occurrence of violations and activities that will or may result in	78327
permit or license denial or revocation or if the applicant has	78328
formalized those controls as a result of a revocation or denial of	78329
a permit or license. Those controls may include, but are not	78330
limited to, instituting environmental auditing programs to help	78331
ensure the adequacy of internal systems to achieve, maintain, and	78332
monitor compliance with applicable environmental laws and	78333
standards or instituting an antitrust compliance auditing program	78334
to help ensure full compliance with applicable antitrust laws. The	78335
business concern shall prove by a preponderance of the evidence	78336
that the management controls are effective in preventing the	78337
violations that are the subject of concern.	78338

(D) Unless the director, the hazardous waste facility board,	78339
or the board of health finds that the applicant has a history of	78340
compliance with environmental laws in this state and other	78341
jurisdictions and is presently in substantial compliance with, or	78342
on a legally enforceable schedule that will result in compliance	78343
with, environmental laws in this state and other jurisdictions;	78344

(E) With respect to the approval of a permit, if the director	78345
or the hazardous waste facility board determines that current	78346
prosecutions or pending charges in any jurisdiction for any of the	78347
offenses enumerated in division (B) of this section against any	78348
individual or business concern required to be listed in the	78349
disclosure statement or shown by the investigation to have a	78350
beneficial interest in the business of the applicant other than an	78351
equity interest or debt liability are of such magnitude that they	78352
prevent making the finding required under division (A) of this	78353
section, provided that at the request of the applicant or the	78354
individual or business concern charged, the director or the	78355
hazardous waste facility board shall defer decision upon the	78356
application during the pendency of the charge.	78357

Section 3.06E. That the existing version of section 3734.44	78358
of the Revised Code that is scheduled to take effect on January 1,	78359
2004, is hereby repealed.	78360

Section 3.06F. Sections 3.06D and 3.06E of this act take	78361
effect January 1, 2004.	78362

Section 3.07. That the versions of sections 307.93, 2152.19,	78363
2929.38, 4506.14, 4506.15, 4506.16,4506.20, 4511.33, 4511.62,	78364
4511.63, and 4511.75 of the Revised Code that are scheduled to	78365
take effect January 1, 2004, be amended to read as follows:	78366

Sec. 307.93.  (A) The boards of county commissioners of two	78367
or more adjacent counties may contract for the joint establishment	78368
of a multicounty correctional center, and the board of county	78369
commissioners of a county or the boards of two or more counties	78370
may contract with any municipal corporation or municipal	78371
corporations located in that county or those counties for the	78372
joint establishment of a municipal-county or multicounty-municipal	78373
correctional center. The center shall augment county and, where	78374
applicable, municipal jail programs and facilities by providing	78375
custody and rehabilitative programs for those persons under the	78376
charge of the sheriff of any of the contracting counties or of the	78377
officer or officers of the contracting municipal corporation or	78378
municipal corporations having charge of persons incarcerated in	78379
the municipal jail, workhouse, or other correctional facility who,	78380
in the opinion of the sentencing court, need programs of custody	78381
and rehabilitation not available at the county or municipal jail	78382
and by providing custody and rehabilitative programs in accordance	78383
with division (C) of this section, if applicable. The contract may	78384
include, but need not be limited to, provisions regarding the	78385
acquisition, construction, maintenance, repair, termination of	78386
operations, and administration of the center. The contract shall	78387
prescribe the manner of funding of, and debt assumption for, the	78388
center and the standards and procedures to be followed in the	78389
operation of the center. Except as provided in division (H) of	78390
this section, the contracting counties and municipal corporations	78391
shall form a corrections commission to oversee the administration	78392
of the center. Members of the commission shall consist of the	78393
sheriff of each participating county, the president of the board	78394
of county commissioners of each participating county, the	78395
presiding judge of the court of common pleas of each participating	78396
county, or, if the court of common pleas of a participating county	78397
has only one judge, then that judge, the chief of police of each	78398
participating municipal corporation, the mayor or city manager of	78399
each participating municipal corporation, and the presiding judge	78400
or the sole judge of the municipal court of each participating	78401
municipal corporation. Any of the foregoing officers may appoint a	78402
designee to serve in the officer's place on the corrections	78403
commission. The standards and procedures shall be formulated and	78404
agreed to by the commission and may be amended at any time during	78405
the life of the contract by agreement of the parties to the	78406
contract upon the advice of the commission. The standards and	78407
procedures formulated by the commission shall include, but need	78408
not be limited to, designation of the person in charge of the	78409
center, the categories of employees to be employed at the center,	78410
the appointing authority of the center, and the standards of	78411
treatment and security to be maintained at the center. The person	78412
in charge of, and all persons employed to work at, the center	78413
shall have all the powers of police officers that are necessary	78414
for the proper performance of the duties relating to their	78415
positions at the center.	78416

(B) Each board of county commissioners that enters a contract	78417
under division (A) of this section may appoint a building	78418
commission pursuant to section 153.21 of the Revised Code. If any	78419
commissions are appointed, they shall function jointly in the	78420
construction of a multicounty or multicounty-municipal	78421
correctional center with all the powers and duties authorized by	78422
law.	78423

(C) Prior to the acceptance for custody and rehabilitation	78424
into a center established under this section of any persons who	78425
are designated by the department of rehabilitation and correction,	78426
who plead guilty to or are convicted of a felony of the fourth or	78427
fifth degree, and who satisfy the other requirements listed in	78428
section 5120.161 of the Revised Code, the corrections commission	78429
of a center established under this section shall enter into an	78430
agreement with the department of rehabilitation and correction	78431
under section 5120.161 of the Revised Code for the custody and	78432
rehabilitation in the center of persons who are designated by the	78433
department, who plead guilty to or are convicted of a felony of	78434
the fourth or fifth degree, and who satisfy the other requirements	78435
listed in that section, in exchange for a per diem fee per person.	78436
Persons incarcerated in the center pursuant to an agreement	78437
entered into under this division shall be subject to supervision	78438
and control in the manner described in section 5120.161 of the	78439
Revised Code. This division does not affect the authority of a	78440
court to directly sentence a person who is convicted of or pleads	78441
guilty to a felony to the center in accordance with section	78442
2929.16 of the Revised Code.	78443

(D) Pursuant to section 2929.37 of the Revised Code, each	78444
board of county commissioners and the legislative authority of	78445
each municipal corporation that enters into a contract under	78446
division (A) of this section may require a person who was	78447
convicted of an offense, who is under the charge of the sheriff of	78448
their county or of the officer or officers of the contracting	78449
municipal corporation or municipal corporations having charge of	78450
persons incarcerated in the municipal jail, workhouse, or other	78451
correctional facility, and who is confined in the multicounty,	78452
municipal-county, or multicounty-municipal correctional center as	78453
provided in that division, to reimburse the applicable county or	78454
municipal corporation for its expenses incurred by reason of the	78455
person's confinement in the center.	78456

(E) Notwithstanding any contrary provision in this section or	78457
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the	78458
corrections commission of a center may establish a policy that	78459
complies with section 2929.38 of the Revised Code and that	78460
requires any person who is not indigent and who is confined in the	78461
multicounty, municipal-county, or multicounty-municipal	78462
correctional center to pay a reception fee, a fee for medical	78463
treatment or service requested by and provided to that person, or	78464
the fee for a random drug test assessed under division (E) of	78465
section 341.26 of the Revised Code.	78466

(F)(1) The corrections commission of a center established	78467
under this section may establish a commissary for the center. The	78468
commissary may be established either in-house or by another	78469
arrangement. If a commissary is established, all persons	78470
incarcerated in the center shall receive commissary privileges. A	78471
person's purchases from the commissary shall be deducted from the	78472
person's account record in the center's business office. The	78473
commissary shall provide for the distribution to indigent persons	78474
incarcerated in the center of necessary hygiene articles and	78475
writing materials.	78476

(2) If a commissary is established, the corrections	78477
commission of a center established under this section shall	78478
establish a commissary fund for the center. The management of	78479
funds in the commissary fund shall be strictly controlled in	78480
accordance with procedures adopted by the auditor of state.	78481
Commissary fund revenue over and above operating costs and reserve	78482
shall be considered profits. All profits from the commissary fund	78483
shall be used to purchase supplies and equipment for the benefit	78484
of persons incarcerated in the center and to pay salary and	78485
benefits for employees of the center, or for any other persons,	78486
who work in or are employed for the sole purpose of providing	78487
service to the commissary. The corrections commission shall adopt	78488
rules and regulations for the operation of any commissary fund it	78489
establishes.	78490

(G) In lieu of forming a corrections commission to administer	78491
a multicounty correctional center or a municipal-county or	78492
multicounty-municipal correctional center, the boards of county	78493
commissioners and the legislative authorities of the municipal	78494
corporations contracting to establish the center may also agree to	78495
contract for the private operation and management of the center as	78496
provided in section 9.06 of the Revised Code, but only if the	78497
center houses only misdemeanant inmates. In order to enter into a	78498
contract under section 9.06 of the Revised Code, all the boards	78499
and legislative authorities establishing the center shall approve	78500
and be parties to the contract.	78501

(H) If a person who is convicted of or pleads guilty to an	78502
offense is sentenced to a term in a multicounty correctional	78503
center or a municipal-county or multicounty-municipal correctional	78504
center or is incarcerated in the center in the manner described in	78505
division (C) of this section, or if a person who is arrested for	78506
an offense, and who has been denied bail or has had bail set and	78507
has not been released on bail is confined in a multicounty	78508
correctional center or a municipal-county or multicounty-municipal	78509
correctional center pending trial, at the time of reception and at	78510
other times the officer, officers, or other person in charge of	78511
the operation of the center determines to be appropriate, the	78512
officer, officers, or other person in charge of the operation of	78513
the center may cause the convicted or accused offender to be	78514
examined and tested for tuberculosis, HIV infection, hepatitis,	78515
including but not limited to hepatitis A, B, and C, and other	78516
contagious diseases. The officer, officers, or other person in	78517
charge of the operation of the center may cause a convicted or	78518
accused offender in the center who refuses to be tested or treated	78519
for tuberculosis, HIV infection, hepatitis, including but not	78520
limited to hepatitis A, B, and C, or another contagious disease to	78521
be tested and treated involuntarily.	78522

(I) As used in this section, "multicounty-municipal" means	78523
more than one county and a municipal corporation, or more than one	78524
municipal corporation and a county, or more than one municipal	78525
corporation and more than one county.	78526

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	78527
child, the court may make any of the following orders of	78528
disposition, in addition to any other disposition authorized or	78529
required by this chapter:	78530

(1) Any order that is authorized by section 2151.353 of the	78531
Revised Code for the care and protection of an abused, neglected,	78532
or dependent child;	78533

(2) Commit the child to the temporary custody of any school,	78534
camp, institution, or other facility operated for the care of	78535
delinquent children by the county, by a district organized under	78536
section 2152.41 or 2151.65 of the Revised Code, or by a private	78537
agency or organization, within or without the state, that is	78538
authorized and qualified to provide the care, treatment, or	78539
placement required, including, but not limited to, a school, camp,	78540
or facility operated under section 2151.65 of the Revised Code;	78541

(3) Place the child in a detention facility or district	78542
detention facility operated under section 2152.41 of the Revised	78543
Code, for up to ninety days;	78544

(4) Place the child on community control under any sanctions,	78545
services, and conditions that the court prescribes. As a condition	78546
of community control in every case and in addition to any other	78547
condition that it imposes upon the child, the court shall require	78548
the child to abide by the law during the period of community	78549
control. As referred to in this division, community control	78550
includes, but is not limited to, the following sanctions and	78551
conditions:	78552

(a) A period of basic probation supervision in which the	78553
child is required to maintain contact with a person appointed to	78554
supervise the child in accordance with sanctions imposed by the	78555
court;	78556

(b) A period of intensive probation supervision in which the	78557
child is required to maintain frequent contact with a person	78558
appointed by the court to supervise the child while the child is	78559
seeking or maintaining employment and participating in training,	78560
education, and treatment programs as the order of disposition;	78561

(c) A period of day reporting in which the child is required	78562
each day to report to and leave a center or another approved	78563
reporting location at specified times in order to participate in	78564
work, education or training, treatment, and other approved	78565
programs at the center or outside the center;	78566

(d) A period of community service of up to five hundred hours	78567
for an act that would be a felony or a misdemeanor of the first	78568
degree if committed by an adult, up to two hundred hours for an	78569
act that would be a misdemeanor of the second, third, or fourth	78570
degree if committed by an adult, or up to thirty hours for an act	78571
that would be a minor misdemeanor if committed by an adult;	78572

(e) A requirement that the child obtain a high school	78573
diploma, a certificate of high school equivalence, vocational	78574
training, or employment;	78575

(f) A period of drug and alcohol use monitoring;

78576

(g) A requirement of alcohol or drug assessment or	78577
counseling, or a period in an alcohol or drug treatment program	78578
with a level of security for the child as determined necessary by	78579
the court;	78580

(h) A period in which the court orders the child to observe a	78581
curfew that may involve daytime or evening hours;	78582

(i) A requirement that the child serve monitored time;

78583

(j) A period of house arrest with or without electronic	78584
monitoring;	78585

(k) A period of electronic monitoring without house arrest or	78586
electronically monitored house arrest that does not exceed the	78587
maximum sentence of imprisonment that could be imposed upon an	78588
adult who commits the same act.	78589

A period of electronically monitored house arrest imposed	78590
under this division shall not extend beyond the child's	78591
twenty-first birthday. If a court imposes a period of	78592
electronically monitored house arrest upon a child under this	78593
division, it shall require the child: to wear, otherwise have	78594
attached to the child's person, or otherwise be subject to	78595
monitoring by a certified electronic monitoring device or to	78596
participate in the operation of and monitoring by a certified	78597
electronic monitoring system; to remain in the child's home or	78598
other specified premises for the entire period of electronically	78599
monitored house arrest except when the court permits the child to	78600
leave those premises to go to school or to other specified	78601
premises; to be monitored by a central system that can determine	78602
the child's location at designated times; to report periodically	78603
to a person designated by the court; and to enter into a written	78604
contract with the court agreeing to comply with all requirements	78605
imposed by the court, agreeing to pay any fee imposed by the court	78606
for the costs of the electronically monitored house arrest, and	78607
agreeing to waive the right to receive credit for any time served	78608
on electronically monitored house arrest toward the period of any	78609
other dispositional order imposed upon the child if the child	78610
violates any of the requirements of the dispositional order of	78611
electronically monitored house arrest. The court also may impose	78612
other reasonable requirements upon the child.	78613

Unless ordered by the court, a child shall not receive credit	78614
for any time served on electronically monitored house arrest	78615
toward any other dispositional order imposed upon the child for	78616
the act for which was imposed the dispositional order of	78617
electronically monitored house arrest.	78618

(l) A suspension of the driver's license, probationary	78619
driver's license, or temporary instruction permit issued to the	78620
child or a suspension of the registration of all motor vehicles	78621
registered in the name of the child. A child whose license or	78622
permit is so suspended is ineligible for issuance of a license or	78623
permit during the period of suspension. At the end of the period	78624
of suspension, the child shall not be reissued a license or permit	78625
until the child has paid any applicable reinstatement fee and	78626
complied with all requirements governing license reinstatement.	78627

(5) Commit the child to the custody of the court;

78628

(6) Require the child to not be absent without legitimate	78629
excuse from the public school the child is supposed to attend for	78630
five or more consecutive days, seven or more school days in one	78631
school month, or twelve or more school days in a school year;	78632

(7)(a) If a child is adjudicated a delinquent child for being	78633
a chronic truant or an habitual truant who previously has been	78634
adjudicated an unruly child for being a habitual truant, do either	78635
or both of the following:	78636

(i) Require the child to participate in a truancy prevention	78637
mediation program;	78638

(ii) Make any order of disposition as authorized by this	78639
section, except that the court shall not commit the child to a	78640
facility described in division (A)(2) or (3) of this section	78641
unless the court determines that the child violated a lawful court	78642
order made pursuant to division (C)(1)(e) of section 2151.354 of	78643
the Revised Code or division (A)(6) of this section.	78644

(b) If a child is adjudicated a delinquent child for being a	78645
chronic truant or a habitual truant who previously has been	78646
adjudicated an unruly child for being a habitual truant and the	78647
court determines that the parent, guardian, or other person having	78648
care of the child has failed to cause the child's attendance at	78649
school in violation of section 3321.38 of the Revised Code, do	78650
either or both of the following:	78651

(i) Require the parent, guardian, or other person having care	78652
of the child to participate in a truancy prevention mediation	78653
program;	78654

(ii) Require the parent, guardian, or other person having	78655
care of the child to participate in any community service program,	78656
preferably a community service program that requires the	78657
involvement of the parent, guardian, or other person having care	78658
of the child in the school attended by the child.	78659

(8) Make any further disposition that the court finds proper,	78660
except that the child shall not be placed in any of the following:	78661

(a) A state correctional institution, a county, multicounty,	78662
or municipal jail or workhouse, or another place in which an adult	78663
convicted of a crime, under arrest, or charged with a crime is	78664
held;	78665

(b) A community corrections facility, if the child would be	78666
covered by the definition of public safety beds for purposes of	78667
sections 5139.41 to 5139.455139.43 of the Revised Code if the	78668
court exercised its authority to commit the child to the legal	78669
custody of the department of youth services for	78670
institutionalization or institutionalization in a secure facility	78671
pursuant to this chapter.	78672

(B) If a child is adjudicated a delinquent child, in addition	78673
to any order of disposition made under division (A) of this	78674
section, the court, in the following situations, shall suspend the	78675
child's temporary instruction permit, restricted license,	78676
probationary driver's license, or nonresident operating privilege,	78677
or suspend the child's ability to obtain such a permit:	78678

(1) The child is adjudicated a delinquent child for violating	78679
section 2923.122 of the Revised Code, with the suspension and	78680
denial being in accordance with division (E)(1)(a), (c), (d), or	78681
(e) of section 2923.122 of the Revised Code.	78682

(2) The child is adjudicated a delinquent child for	78683
committing an act that if committed by an adult would be a drug	78684
abuse offense or for violating division (B) of section 2917.11 of	78685
the Revised Code, with the suspension continuing until the child	78686
attends and satisfactorily completes a drug abuse or alcohol abuse	78687
education, intervention, or treatment program specified by the	78688
court. During the time the child is attending the program, the	78689
court shall retain any temporary instruction permit, probationary	78690
driver's license, or driver's license issued to the child, and the	78691
court shall return the permit or license when the child	78692
satisfactorily completes the program.	78693

(C) The court may establish a victim-offender mediation	78694
program in which victims and their offenders meet to discuss the	78695
offense and suggest possible restitution. If the court obtains the	78696
assent of the victim of the delinquent act committed by the child,	78697
the court may require the child to participate in the program.	78698

(D)(1) If a child is adjudicated a delinquent child for	78699
committing an act that would be a felony if committed by an adult	78700
and if the child caused, attempted to cause, threatened to cause,	78701
or created a risk of physical harm to the victim of the act, the	78702
court, prior to issuing an order of disposition under this	78703
section, shall order the preparation of a victim impact statement	78704
by the probation department of the county in which the victim of	78705
the act resides, by the court's own probation department, or by a	78706
victim assistance program that is operated by the state, a county,	78707
a municipal corporation, or another governmental entity. The court	78708
shall consider the victim impact statement in determining the	78709
order of disposition to issue for the child.	78710

(2) Each victim impact statement shall identify the victim of	78711
the act for which the child was adjudicated a delinquent child,	78712
itemize any economic loss suffered by the victim as a result of	78713
the act, identify any physical injury suffered by the victim as a	78714
result of the act and the seriousness and permanence of the	78715
injury, identify any change in the victim's personal welfare or	78716
familial relationships as a result of the act and any	78717
psychological impact experienced by the victim or the victim's	78718
family as a result of the act, and contain any other information	78719
related to the impact of the act upon the victim that the court	78720
requires.	78721

(3) A victim impact statement shall be kept confidential and	78722
is not a public record. However, the court may furnish copies of	78723
the statement to the department of youth services if the	78724
delinquent child is committed to the department or to both the	78725
adjudicated delinquent child or the adjudicated delinquent child's	78726
counsel and the prosecuting attorney. The copy of a victim impact	78727
statement furnished by the court to the department pursuant to	78728
this section shall be kept confidential and is not a public	78729
record. If an officer is preparing pursuant to section 2947.06 or	78730
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	78731
investigation report pertaining to a person, the court shall make	78732
available to the officer, for use in preparing the report, a copy	78733
of any victim impact statement regarding that person. The copies	78734
of a victim impact statement that are made available to the	78735
adjudicated delinquent child or the adjudicated delinquent child's	78736
counsel and the prosecuting attorney pursuant to this division	78737
shall be returned to the court by the person to whom they were	78738
made available immediately following the imposition of an order of	78739
disposition for the child under this chapter.	78740

The copy of a victim impact statement that is made available	78741
pursuant to this division to an officer preparing a criminal	78742
presentence investigation report shall be returned to the court by	78743
the officer immediately following its use in preparing the report.	78744

(4) The department of youth services shall work with local	78745
probation departments and victim assistance programs to develop a	78746
standard victim impact statement.	78747

(E) If a child is adjudicated a delinquent child for being a	78748
chronic truant or an habitual truant who previously has been	78749
adjudicated an unruly child for being an habitual truant and the	78750
court determines that the parent, guardian, or other person having	78751
care of the child has failed to cause the child's attendance at	78752
school in violation of section 3321.38 of the Revised Code, in	78753
addition to any order of disposition it makes under this section,	78754
the court shall warn the parent, guardian, or other person having	78755
care of the child that any subsequent adjudication of the child as	78756
an unruly or delinquent child for being an habitual or chronic	78757
truant may result in a criminal charge against the parent,	78758
guardian, or other person having care of the child for a violation	78759
of division (C) of section 2919.21 or section 2919.24 of the	78760
Revised Code.	78761

(F)(1) During the period of a delinquent child's community	78762
control granted under this section, authorized probation officers	78763
who are engaged within the scope of their supervisory duties or	78764
responsibilities may search, with or without a warrant, the person	78765
of the delinquent child, the place of residence of the delinquent	78766
child, and a motor vehicle, another item of tangible or intangible	78767
personal property, or other real property in which the delinquent	78768
child has a right, title, or interest or for which the delinquent	78769
child has the express or implied permission of a person with a	78770
right, title, or interest to use, occupy, or possess if the	78771
probation officers have reasonable grounds to believe that the	78772
delinquent child is not abiding by the law or otherwise is not	78773
complying with the conditions of the delinquent child's community	78774
control. The court that places a delinquent child on community	78775
control under this section shall provide the delinquent child with	78776
a written notice that informs the delinquent child that authorized	78777
probation officers who are engaged within the scope of their	78778
supervisory duties or responsibilities may conduct those types of	78779
searches during the period of community control if they have	78780
reasonable grounds to believe that the delinquent child is not	78781
abiding by the law or otherwise is not complying with the	78782
conditions of the delinquent child's community control. The court	78783
also shall provide the written notice described in division (E)(2)	78784
of this section to each parent, guardian, or custodian of the	78785
delinquent child who is described in that division.	78786

(2) The court that places a child on community control under	78787
this section shall provide the child's parent, guardian, or other	78788
custodian with a written notice that informs them that authorized	78789
probation officers may conduct searches pursuant to division	78790
(E)(1) of this section. The notice shall specifically state that a	78791
permissible search might extend to a motor vehicle, another item	78792
of tangible or intangible personal property, or a place of	78793
residence or other real property in which a notified parent,	78794
guardian, or custodian has a right, title, or interest and that	78795
the parent, guardian, or custodian expressly or impliedly permits	78796
the child to use, occupy, or possess.	78797

(G) If a juvenile court commits a delinquent child to the	78798
custody of any person, organization, or entity pursuant to this	78799
section and if the delinquent act for which the child is so	78800
committed is a sexually oriented offense, the court in the order	78801
of disposition shall do one of the following:	78802

(1) Require that the child be provided treatment as described	78803
in division (A)(2) of section 5139.13 of the Revised Code;	78804

(2) Inform the person, organization, or entity that it is the	78805
preferred course of action in this state that the child be	78806
provided treatment as described in division (A)(2) of section	78807
5139.13 of the Revised Code and encourage the person,	78808
organization, or entity to provide that treatment.	78809

Sec. 2929.38. (A) A board of commissioners of a county, in an	78810
agreement with the sheriff, a legislative authority of a municipal	78811
corporation, a corrections commission, a judicial corrections	78812
board, or any other public or private entity that operates a local	78813
detention facility described in division (A) of section 2929.37 of	78814
the Revised Code, may establish a policy that requires any	78815
prisoner who is confined in the facility as a result of pleading	78816
guilty to or having been convicted of an offense to pay a one-time	78817
reception fee for the costs of processing the prisoner into the	78818
facility at the time of the prisoner's initial entry into the	78819
facility under the confinement in question, to pay a reasonable	78820
fee for any medical or dental treatment or service requested by	78821
and provided to that prisoner, and to pay the fee for a random	78822
drug test assessed under division (E) of section 341.26, and	78823
division (E) of section 753.33 of the Revised Code. The fee for	78824
the medical treatment or service shall not exceed the actual cost	78825
of the treatment or service provided. No prisoner confined in the	78826
local detention facility shall be denied any necessary medical	78827
care because of inability to pay the fees.	78828

(B) Upon assessment of a one-time reception fee as described	78829
in division (A) of this section, the provision of the requested	78830
medical treatment or service, or the assessment of a fee for a	78831
random drug test, payment of the required fee may be automatically	78832
deducted from the prisoner's inmate account in the business office	78833
of the local detention facility in which the prisoner is confined.	78834
If there is no money in the account, a deduction may be made at a	78835
later date during the prisoner's confinement if the money becomes	78836
available in the account. If, after release, the prisoner has an	78837
unpaid balance of those fees, the sheriff, legislative authority	78838
of the municipal corporation, corrections commission, judicial	78839
corrections board, or other entity that operates the local	78840
detention facility described in division (A) of section 2929.37 of	78841
the Revised Code may bill the prisoner for the payment of the	78842
unpaid fees. Fees received for medical or dental treatment or	78843
services shall be paid to the commissary fund, if one exists for	78844
the facility, or if no commissary fund exists, to the general fund	78845
of the treasury of the political subdivision that incurred the	78846
expenses, in the same proportion as those expenses were borne by	78847
the political subdivision. Fees received for medical treatment or	78848
services that are placed in the commissary fund under this	78849
division shall be used for the same purposes as profits from the	78850
commissary fund, except that they shall not be used to pay any	78851
salary or benefits of any person who works in or is employed for	78852
the sole purpose of providing service to the commissary.	78853

(C) Any fee paid by a person under this section shall be	78854
deducted from any medical or dental costs that the person is	78855
ordered to reimburse under a financial sanction imposed pursuant	78856
to section 2929.28 of the Revised Code or to repay under a policy	78857
adopted under section 2929.37 of the Revised Code.	78858

(D) As used in this section, "inmate account" has the same	78859
meaning as in section 2969.21 of the Revised Code.	78860

Sec. 4506.14.  (A) Commercial driver's licenses shall expire	78861
as follows:	78862

(1) Except as provided in division (A)(3) of this section,	78863
each such license issued to replace an operator's or chauffeur's	78864
license shall expire on the original expiration date of the	78865
operator's or chauffeur's license and, upon renewal, shall expire	78866
on the licensee's birthday in the fourth year after the date of	78867
issuance.	78868

(2) Except as provided in division (A)(3) of this section,	78869
each such license issued as an original license to a person whose	78870
residence is in this state shall expire on the licensee's birthday	78871
in the fourth year after the date of issuance, and each such	78872
license issued to a person whose temporary residence is in this	78873
state shall expire in accordance with rules adopted by the	78874
registrar of motor vehicles. A license issued to a person with a	78875
temporary residence in this state is nonrenewable, but may be	78876
replaced with a new license within ninety days prior to its	78877
expiration upon the applicant's compliance with all applicable	78878
requirements.	78879

(3) Each such license issued to replace the operator's or	78880
chauffeur's license of a person who is less than twenty-one years	78881
of age, and each such license issued as an original license to a	78882
person who is less than twenty-one years of age, shall expire on	78883
the licensee's twenty-first birthday.	78884

(B) No commercial driver's license shall be issued for a	78885
period longer than four years and ninety days. Except as provided	78886
in section 4507.12 of the Revised Code, the registrar may waive	78887
the examination of any person applying for the renewal of a	78888
commercial driver's license issued under this chapter, provided	78889
that the applicant presents either an unexpired commercial	78890
driver's license or a commercial driver's license that has expired	78891
not more than six months prior to the date of application.	78892

(C) Subject to the requirements of this chapter and except as	78893
provided in division (A)(2) of this section in regard to a person	78894
whose temporary residence is in this state, every commercial	78895
driver's license shall be renewable ninety days before its	78896
expiration upon payment of the fees required by section 4506.08 of	78897
the Revised Code. Each person applying for renewal of a commercial	78898
driver's license shall complete the application form prescribed by	78899
section 4506.07 of the Revised Code and shall provide all	78900
certifications required. If the person wishes to retain an	78901
endorsement authorizing the person to transport hazardous	78902
materials, the person shall take and successfully complete the	78903
written test for the endorsement and shall submit to any	78904
background check required by federal law.	78905

(D) Each person licensed as a driver under this chapter shall	78906
notify the registrar of any change in the person's address within	78907
ten days following that change. The notification shall be in	78908
writing on a form provided by the registrar and shall include the	78909
full name, date of birth, license number, county of residence,	78910
social security number, and new address of the person.	78911

(E) Whoever violates division (D) of this section is guilty	78912
of a minor misdemeanor.	78913

Sec. 4506.15.  (A) No person shall do any of the following:

78914

(1) Drive a commercial motor vehicle while having a	78915
measurable or detectable amount of alcohol or of a controlled	78916
substance in the person's blood, breath, or urine;	78917

(2) Drive a commercial motor vehicle while having an alcohol	78918
concentration of four-hundredths of one per cent or more;	78919

(3) Drive a commercial motor vehicle while under the	78920
influence of a controlled substance;	78921

(4) Knowingly leave the scene of an accident involving a	78922
commercial motor vehicle driven by the person;	78923

(5) Use a commercial motor vehicle in the commission of a	78924
felony;	78925

(6) Refuse to submit to a test under section 4506.17 of the	78926
Revised Code;	78927

(7) Violate an out-of-service order issued under this	78928
chapter;	78929

(8) Violate any prohibition described in divisions (A)(2) to	78930
(7) of this section while transporting hazardous materials;	78931

(9) Use a commercial motor vehicle in the commission of a	78932
felony involving the manufacture, distribution, or dispensing of a	78933
controlled substance as defined in section 3719.01 of the Revised	78934
Code;	78935

(10) Drive a commercial motor vehicle in violation of any	78936
provision of sections 4511.61 to 4511.63 of the Revised Code or	78937
any federal or local law or ordinance pertaining to	78938
railroad-highway grade crossings.	78939

(B) Whoever violates this section is guilty of a misdemeanor	78940
of the first degree.	78941

Sec. 4506.16.  (A) Whoever violates division (A)(1) of	78942
section 4506.15 of the Revised Code or a similar law of another	78943
state or a foreign jurisdiction, immediately shall be placed	78944
out-of-service for twenty-four hours, in addition to any	78945
disqualification required by this section and any other penalty	78946
imposed by the Revised Code.	78947

(B) The registrar of motor vehicles shall disqualify any	78948
person from operating a commercial motor vehicle as follows:	78949

(1) Subject to division (B)(4) of this section, uponUpon a	78950
first conviction for a violation of any provision of divisions	78951
(A)(2) to (7) of section 4506.15 of the Revised Code or a similar	78952
law of another state or a foreign jurisdiction, one year, in	78953
addition to any other penalty imposed by the Revised Code;	78954

(2) Upon a first conviction for a violation of division	78955
(A)(8) of section 4506.15 of the Revised Code or a similar law of	78956
another state or a foreign jurisdiction, three years, in addition	78957
to any other penalty imposed by the Revised Code;	78958

(3) Uponand upon a second conviction for a violation of any	78959
provision of divisions (A)(2) to (7) of section 4506.15 of the	78960
Revised Code or a similar law of another state or a foreign	78961
jurisdiction, or any combination of such violations arising from	78962
two or more separate incidents, the person shall be disqualified	78963
for life or for any other period of time as determined by the	78964
United States secretary of transportation and designated by the	78965
director of public safety by rule, in addition to any other	78966
penalty imposed by the Revised Code;	78967

(4)(2) Upon a first conviction for a violation of division	78968
(A)(8) of section 4506.15 of the Revised Code or a similar law of	78969
another state or a foreign jurisdiction, three years;	78970

(3) Upon conviction of a violation of division (A)(5)(9) of	78971
section 4506.15 of the Revised Code or a similar law of another	78972
state or a foreign jurisdiction in connection with the	78973
manufacture, distribution, or dispensing of a controlled substance	78974
or the possession with intent to manufacture, distribute, or	78975
dispense a controlled substance, the person shall be disqualified	78976
for life, in addition to any other penalty imposed by the Revised	78977
Code;	78978

(4) Upon a first conviction for a violation of division	78979
(A)(10) of section 4506.15 of the Revised Code or a similar law of	78980
another state or a foreign jurisdiction, occurring in a three-year	78981
period, the person shall be disqualified for not less than sixty	78982
days, upon a second conviction occurring in the three-year period,	78983
the person shall be disqualified for not less than one hundred	78984
twenty days, and upon a subsequent conviction occurring within a	78985
three-year period, the person shall be disqualified for not less	78986
than one year;	78987

(5) Upon conviction of two serious traffic violations	78988
involving the operation of a commercial motor vehicle by the	78989
person and arising from separate incidents occurring in a	78990
three-year period, the person shall be disqualified for sixty	78991
days, in addition to any other penalty imposed by the Revised	78992
Code;	78993

(6) Upon conviction of three serious traffic violations	78994
involving the operation of a commercial motor vehicle by the	78995
person and arising from separate incidents occurring in a	78996
three-year period, the person shall be disqualified for one	78997
hundred twenty days, in addition to any other penalty imposed by	78998
the Revised Code.	78999

(C) For the purposes of this section, conviction of a	79000
violation for which disqualification is required may be evidenced	79001
by any of the following:	79002

(1) A judgment entry of a court of competent jurisdiction in	79003
this or any other state;	79004

(2) An administrative order of a state agency of this or any	79005
other state having statutory jurisdiction over commercial drivers;	79006

(3) A computer record obtained from or through the commercial	79007
driver's license information system;	79008

(4) A computer record obtained from or through a state agency	79009
of this or any other state having statutory jurisdiction over	79010
commercial drivers or the records of commercial drivers.	79011

(D) Any record described in division (C) of this section	79012
shall be deemed to be self-authenticating when it is received by	79013
the bureau of motor vehicles.	79014

(E) When disqualifying a driver, the registrar shall cause	79015
the records of the bureau to be updated to reflect that action	79016
within ten days after it occurs.	79017

(F) The registrar immediately shall notify a driver who is	79018
finally convicted of any offense described in section 4506.15 of	79019
the Revised Code or division (B)(3), (4), (5), or (6) of this	79020
section and thereby is subject to disqualification, of the offense	79021
or offenses involved, of the length of time for which	79022
disqualification is to be imposed, and that the driver may request	79023
a hearing within thirty days of the mailing of the notice to show	79024
cause why the driver should not be disqualified from operating a	79025
commercial motor vehicle. If a request for such a hearing is not	79026
made within thirty days of the mailing of the notice, the order of	79027
disqualification is final. The registrar may designate hearing	79028
examiners who, after affording all parties reasonable notice,	79029
shall conduct a hearing to determine whether the disqualification	79030
order is supported by reliable evidence. The registrar shall adopt	79031
rules to implement this division.	79032

(G) Any person who is disqualified from operating a	79033
commercial motor vehicle under this section may apply to the	79034
registrar for a driver's license to operate a motor vehicle other	79035
than a commercial motor vehicle, provided the person's commercial	79036
driver's license is not otherwise suspended. A person whose	79037
commercial driver's license is suspended shall not apply to the	79038
registrar for or receive a driver's license under Chapter 4507. of	79039
the Revised Code during the period of suspension.	79040

(H) The disqualifications imposed under this section are in	79041
addition to any other penalty imposed by the Revised Code.	79042

Sec. 4506.20.  (A) Each employer shall require every	79043
applicant for employment as a driver of a commercial motor vehicle	79044
to provide the information specified in section 4506.20 of the	79045
Revised Code.	79046

(B) No employer shall knowingly permit or authorize any	79047
driver employed by the employer to drive a commercial motor	79048
vehicle during any period in which any of the following apply:	79049

(1) The driver's commercial driver's license is suspended,	79050
revoked, or canceled by any state or a foreign jurisdiction;	79051

(2) The driver has lost the privilege to drive, or currently	79052
is disqualified from driving, a commercial motor vehicle in any	79053
state or foreign jurisdiction;	79054

(3) The driver is subject to an out-of-service order in any	79055
state or foreign jurisdiction;	79056

(4) The driver has more than one driver's license.

79057

(C) No employer shall knowingly permit or authorize a driver	79058
to operate a commercial motor vehicle in violation of section	79059
4506.15 of the Revised Code.	79060

(D)(1) Whoever violates division (A) or (B) of this section	79061
is guilty of a misdemeanor of the first degree.	79062

(2) Whoever violates division (C) of this section may be	79063
assessed a fine not to exceed ten thousand dollars.	79064

Sec. 4511.33.  (A) Whenever any roadway has been divided into	79065
two or more clearly marked lanes for traffic, or wherever within	79066
municipal corporations traffic is lawfully moving in two or more	79067
substantially continuous lines in the same direction, the	79068
following rules apply:	79069

(1) A vehicle or trackless trolley shall be driven, as nearly	79070
as is practicable, entirely within a single lane or line of	79071
traffic and shall not be moved from such lane or line until the	79072
driver has first ascertained that such movement can be made with	79073
safety.	79074

(2) Upon a roadway which is divided into three lanes and	79075
provides for two-way movement of traffic, a vehicle or trackless	79076
trolley shall not be driven in the center lane except when	79077
overtaking and passing another vehicle or trackless trolley where	79078
the roadway is clearly visible and such center lane is clear of	79079
traffic within a safe distance, or when preparing for a left turn,	79080
or where such center lane is at the time allocated exclusively to	79081
traffic moving in the direction the vehicle or trackless trolley	79082
is proceeding and is posted with signs to give notice of such	79083
allocation.	79084

(3) Official signs may be erected directing specified traffic	79085
to use a designated lane or designating those lanes to be used by	79086
traffic moving in a particular direction regardless of the center	79087
of the roadway, or restricting the use of a particular lane to	79088
only buses during certain hours or during all hours, and drivers	79089
of vehicles and trackless trolleys shall obey the directions of	79090
such signs.	79091

(4) Official traffic control devices may be installed	79092
prohibiting the changing of lanes on sections of roadway and	79093
drivers of vehicles shall obey the directions of every such	79094
device.	79095

(B) Except as otherwise provided in this division, whoever	79096
violates this section is guilty of a minor misdemeanor. If, within	79097
one year of the offense, the offender previously has been	79098
convicted of or pleaded guilty to one predicate motor vehicle or	79099
traffic offense, whoever violates this section is guilty of a	79100
misdemeanor of the fourth degree. If, within one year of the	79101
offense, the offender previously has been convicted of two or more	79102
predicate motor vehicle or traffic offenses, whoever violates this	79103
section is guilty of a misdemeanor of the third degree.	79104

Sec. 4511.62.  (A)(1) Whenever any person driving a vehicle	79105
or trackless trolley approaches a railroad grade crossing, the	79106
person shall stop within fifty feet, but not less than fifteen	79107
feet from the nearest rail of the railroad if any of the following	79108
circumstances exist at the crossing:	79109

(a) A clearly visible electric or mechanical signal device	79110
gives warning of the immediate approach of a train.	79111

(b) A crossing gate is lowered.

79112

(c) A flagperson gives or continues to give a signal of the	79113
approach or passage of a train.	79114

(d) There is insufficient space on the other side of the	79115
railroad grade crossing to accommodate the vehicle or trackless	79116
trolley the person is operating without obstructing the passage of	79117
other vehicles, trackless trolleys, pedestrians, or railroad	79118
trains, notwithstanding any traffic control signal indication to	79119
proceed.	79120

(e) An approaching train is emitting an audible signal or is	79121
plainly visible and is in hazardous proximity to the crossing.	79122

(f) There is insufficient undercarriage clearance to safely	79123
negotiate the crossing.	79124

(2) A person who is driving a vehicle or trackless trolley	79125
and who approaches a railroad grade crossing shall not proceed as	79126
long as any of the circumstances described in divisions (A)(1)(a)	79127
to (e)(f) of this section exist at the crossing.	79128

(B) No person shall drive any vehicle through, around, or	79129
under any crossing gate or barrier at a railroad crossing while	79130
the gate or barrier is closed or is being opened or closed unless	79131
the person is signaled by a law enforcement officer or flagperson	79132
that it is permissible to do so.	79133

(C) Whoever violates this section is guilty of a misdemeanor	79134
of the fourth degree.	79135

Sec. 4511.63.  (A) The operator of any motor vehicle or	79136
trackless trolley, carrying passengers, for hire, of any school	79137
bus, any vehicle described in division (C) of this section, or of	79138
any vehicle carrying explosives or flammable liquids as	79139
transporting a cargo or as such part of a cargo asmaterial or	79140
materials required to constitute a hazardbe placarded under 49	79141
C.F.R. Parts 100-185, before crossing at grade any track of a	79142
railroad, shall stop the vehicle or trackless trolley and, while	79143
so stopped, shall listen through an open door or open window and	79144
look in both directions along the track for any approaching train,	79145
and for signals indicating the approach of a train, and shall	79146
proceed only upon exercising due care after stopping, looking, and	79147
listening as required by this section. Upon proceeding, the	79148
operator of such a vehicle shall cross only in a gear that will	79149
ensure there will be no necessity for changing gears while	79150
traversing the crossing and shall not shift gears while crossing	79151
the tracks.	79152

(B) This section does not apply at any of the following:

79153

(1) Streetstreet railway grade crossings within a municipal	79154
corporation, or to abandoned tracks, spur tracks, side tracks, and	79155
industrial tracks when the public utilities commission has	79156
authorized and approved the crossing of the tracks without making	79157
the stop required by this section;	79158

(2) Through June 30, 1995, a street railway grade crossing	79159
where out-of-service signs are posted in accordance with section	79160
4955.37 of the Revised Code.	79161

(C) This section applies to any vehicle used for the	79162
transportation of pupils to and from a school or school-related	79163
function if the vehicle is owned or operated by, or operated under	79164
contract with, a public or nonpublic school.	79165

(D) For purposes of this section, "bus" means any vehicle	79166
originally designed by its manufacturer to transport sixteen or	79167
more passengers, including the driver, or carries sixteen or more	79168
passengers, including the driver.	79169

(E) Except as otherwise provided in this division, whoever	79170
violates this section is guilty of a minor misdemeanor. If the	79171
offender previously has been convicted of or pleaded guilty to one	79172
or more violations of this section or section 4511.76, 4511.761,	79173
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code or a	79174
municipal ordinance that is substantially similar to any of those	79175
sections, whoever violates this section is guilty of a misdemeanor	79176
of the fourth degree.	79177

Sec. 4511.75.  (A) The driver of a vehicle, streetcar, or	79178
trackless trolley upon meeting or overtaking from either direction	79179
any school bus stopped for the purpose of receiving or discharging	79180
any school child, person attending programs offered by community	79181
boards of mental health and county boards of mental retardation	79182
and developmental disabilities, or child attending a program	79183
offered by a head start agency, shall stop at least ten feet from	79184
the front or rear of the school bus and shall not proceed until	79185
such school bus resumes motion, or until signaled by the school	79186
bus driver to proceed.	79187

It is no defense to a charge under this division that the	79188
school bus involved failed to display or be equipped with an	79189
automatically extended stop warning sign as required by division	79190
(B) of this section.	79191

(B) Every school bus shall be equipped with amber and red	79192
visual signals meeting the requirements of section 4511.771 of the	79193
Revised Code, and an automatically extended stop warning sign of a	79194
type approved by the state board of education, which shall be	79195
actuated by the driver of the bus whenever but only whenever the	79196
bus is stopped or stopping on the roadway for the purpose of	79197
receiving or discharging school children, persons attending	79198
programs offered by community boards of mental health and county	79199
boards of mental retardation and developmental disabilities, or	79200
children attending programs offered by head start agencies. A	79201
school bus driver shall not actuate the visual signals or the stop	79202
warning sign in designated school bus loading areas where the bus	79203
is entirely off the roadway or at school buildings when children	79204
or persons attending programs offered by community boards of	79205
mental health and county boards of mental retardation and	79206
developmental disabilities are loading or unloading at curbside or	79207
at buildings when children attending programs offered by head	79208
start agencies are loading or unloading at curbside. The visual	79209
signals and stop warning sign shall be synchronized or otherwise	79210
operated as required by rule of the board.	79211

(C) Where a highway has been divided into four or more	79212
traffic lanes, a driver of a vehicle, streetcar, or trackless	79213
trolley need not stop for a school bus approaching from the	79214
opposite direction which has stopped for the purpose of receiving	79215
or discharging any school child, persons attending programs	79216
offered by community boards of mental health and county boards of	79217
mental retardation and developmental disabilities, or children	79218
attending programs offered by head start agencies. The driver of	79219
any vehicle, streetcar, or trackless trolley overtaking the school	79220
bus shall comply with division (A) of this section.	79221

(D) School buses operating on divided highways or on highways	79222
with four or more traffic lanes shall receive and discharge all	79223
school children, persons attending programs offered by community	79224
boards of mental health and county boards of mental retardation	79225
and developmental disabilities, and children attending programs	79226
offered by head start agencies on their residence side of the	79227
highway.	79228

(E) No school bus driver shall start the driver's bus until	79229
after any child, person attending programs offered by community	79230
boards of mental health and county boards of mental retardation	79231
and developmental disabilities, or child attending a program	79232
offered by a head start agency who may have alighted therefrom has	79233
reached a place of safety on the child's or person's residence	79234
side of the road.	79235

(F)(1) Whoever violates division (A) of this section may be	79236
fined an amount not to exceed five hundred dollars. A person who	79237
is issued a citation for a violation of division (A) of this	79238
section is not permitted to enter a written plea of guilty and	79239
waive the person's right to contest the citation in a trial but	79240
instead must appear in person in the proper court to answer the	79241
charge.	79242

(2) In addition to and independent of any other penalty	79243
provided by law, the court or mayor may impose upon an offender	79244
who violates this section a class seven suspension of the	79245
offender's driver's license, commercial driver's license,	79246
temporary instruction permit, probationary license, or nonresident	79247
operating privilege from the range specified in division (A)(7) of	79248
section 4510.02 of the Revised Code. When a license is suspended	79249
under this section, the court or mayor shall cause the offender to	79250
deliver the license to the court, and the court or clerk of the	79251
court immediately shall forward the license to the registrar of	79252
motor vehicles, together with notice of the court's action.	79253

(G) As used in this section:

79254

(1) "Head start agency" has the same meaning as in division	79255
(A)(1) of section 3301.31 of the Revised Code.	79256

(2) "School bus," as used in relation to children who attend	79257
a program offered by a head start agency, means a bus that is	79258
owned and operated by a head start agency, is equipped with an	79259
automatically extended stop warning sign of a type approved by the	79260
state board of education, is painted the color and displays the	79261
markings described in section 4511.77 of the Revised Code, and is	79262
equipped with amber and red visual signals meeting the	79263
requirements of section 4511.771 of the Revised Code, irrespective	79264
of whether or not the bus has fifteen or more children aboard at	79265
any time. "School bus" does not include a van owned and operated	79266
by a head start agency, irrespective of its color, lights, or	79267
markings.	79268

Section 3.08. That the existing versions of sections 307.93,	79269
2152.19, 2929.38, 4506.14, 4506.15, 4506.16, 4506.20, 4511.33,	79270
4511.62, 4511.63, and 4511.75 of the Revised Code that are	79271
scheduled to take effect January 1, 2004, are hereby repealed.	79272

Section 3.09. Sections 3.07 and 3.08 of this act take effect	79273
January 1, 2004, except section 4511.75 of the Revised Code, as	79274
amended in those sections of this act, takes effect July 1, 2004.	79275
The amendment of section 4511.75 of the Revised Code by those	79276
sections of this act is not intended to supersede the amendment of	79277
the version of section 4511.75 of the Revised Code that is	79278
scheduled to take effect January 1, 2004.	79279

Section 3.09A. That the version of section 5739.033 of the	79280
Revised Code as it results from Am. Sub. S.B. 143 of the 124th	79281
General Assembly, as amended by H.B. 675 of the 124th General	79282
Assembly, be amended to read as follows:	79283

Sec. 5739.033.  The amount of tax due pursuant to sections	79284
5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code is	79285
the sum of the taxes imposed pursuant to those sections at the	79286
situssourcing location of the sale as determined under this	79287
section or, if applicable, under division (C) of section 5739.031	79288
or section 5739.034 of the Revised Code. This section applies only	79289
to a vendor's or seller's obligation to collect and remit sales	79290
taxes under section 5739.02, 5739.021, 5739.023, or 5739.026 of	79291
the Revised Code or use taxes under section 5741.02, 5741.021,	79292
5741.022, or 5741.023 of the Revised Code. This section does not	79293
affect the obligation of a consumer to remit use taxes on the	79294
storage, use, or other consumption of tangible personal property	79295
or on the benefit realized of any service provided, to the	79296
jurisdiction of that storage, use, or consumption, or benefit	79297
realized.	79298

(A) Except for sales, other than leases, of titled motor	79299
vehicles, titled watercraft, or titled outboard motors as provided	79300
in section 5741.05 of the Revised Code, or as otherwise provided	79301
in this section and section 5739.034 of the Revised Code, the	79302
situs of all sales is the vendor's place of business.shall be	79303
sourced as follows:	79304

(1) If the consumer or the consumer'sa donee designated by	79305
the consumer receives tangible personal property or a service at a	79306
vendor's place of business of the vendor, the situs of the sale is	79307
shall be sourced to that place of business.	79308

(2) When the tangible personal property or service is not	79309
received at a vendor's place of business, the situs of the sale is	79310
shall be sourced to the location known to the vendor where the	79311
consumer or athe donee designated by the consumer receives the	79312
tangible personal property or service, including the location	79313
indicated by instructions for delivery to the consumer or the	79314
consumer's donee, known to the vendor.	79315

(3) If divisions (A)(1) and (2) of this section do not apply,	79316
the situs of the sale isshall be sourced to the location	79317
indicated by an address for the consumer that is available from	79318
the vendor's business records of the vendor that are maintained in	79319
the ordinary course of the vendor's business, when use of that	79320
address does not constitute bad faith.	79321

(4) If divisions (A)(1), (2), and (3) of this section do not	79322
apply, the situs of the sale isshall be sourced to the location	79323
indicated by an address for the consumer obtained during the	79324
consummation of the sale, including the address associated with	79325
the consumer's payment instrument, if no other address is	79326
available, when use of that address does not constitute bad faith.	79327

(5) If divisions (A)(1), (2), (3), and (4) of this section do	79328
not apply, including in the circumstance where the vendor is	79329
without sufficient information to apply any of those divisions,	79330
the situs of the sale isshall be sourced to the address from	79331
which tangible personal property was shipped, or from which the	79332
service was provided, disregarding any location that merely	79333
provided the electronic transfer of the property sold or service	79334
provided.	79335

(6) As used in division (A) of this section, "receive" means	79336
taking possession of tangible personal property or making first	79337
use of a service. "Receive" does not include possession by a	79338
shipping company on behalf of a consumer.	79339

(B)(1) Notwithstanding divisions (A)(1) to (5) of this	79340
section, a manufacturer or other consumer that is not a holder of	79341
a direct payment permit granted under section 5739.031 of the	79342
Revised Code, that purchases tangible personal propertycomputer	79343
software delivered electronically or a service for use in	79344
business, and that knows at the time of purchase that the property	79345
such software or service will be concurrently available for use in	79346
more than one taxing jurisdiction shall deliver to the vendor in	79347
conjunction with its purchase a multiple points of use exemption	79348
form prescribed by the tax commissioner disclosing this fact. On	79349
receipt of the multiple points of use exemption form, the vendor	79350
is relieved of its obligation to collect, pay, or remit the tax	79351
due, and the consumer must collect, pay, or remit the tax directly	79352
to the state.	79353

(2) A consumer that delivers such form to a vendor may use	79354
any reasonable, consistent, and uniform method of apportioning the	79355
tax due on the tangible personal propertycomputer software	79356
delivered electronically or service for use in business that is	79357
supported by the consumer's business records as they existed at	79358
the time of the sale.	79359

(3) The multiple points of use exemption form shall remain in	79360
effect for all future sales by the vendor to the consumer until it	79361
is revoked in writing by the consumer, except as to the consumer's	79362
specific apportionment of a subsequent sale under division (B)(2)	79363
of this section and the facts existing at the time of the sale.	79364

(C) A person who holds a direct payment permit issued under	79365
section 5739.031 of the Revised Code is not required to deliver a	79366
multiple points of use exemption form to a vendor. But such permit	79367
holder shall comply with division (B)(2) of this section in	79368
apportioning the tax due on tangible personal propertycomputer	79369
software delivered electronically or a service used in business	79370
that will be concurrently available for use in more than one	79371
taxing jurisdiction.	79372

(D) Except as provided in division (F) of this section:

79373

(1) If the vendor provides a service specified in division	79374
(B)(3)(f) or (i) of section 5739.01 of the Revised Code, the situs	79375
of the sale is the location of the telephone number or account as	79376
reflected in the records of the vendor.	79377

(2) In the case of a telecommunications service, if the	79378
telephone number or account is located outside this state, the	79379
situs of the sale is the location in this state from which the	79380
service originated(1) Notwithstanding divisions (A)(1) to (5) of	79381
this section, the purchaser of direct mail that is not a holder of	79382
a direct payment permit shall provide to the vendor in conjunction	79383
with the purchase either a direct mail form prescribed by the tax	79384
commissioner, or information to show the jurisdictions to which	79385
the direct mail is delivered to recipients.	79386

(2) Upon receipt of a direct mail form, the vendor is	79387
relieved of all obligations to collect, pay, or remit the	79388
applicable tax and the purchaser is obligated to pay that tax on a	79389
direct pay basis. A direct mail form shall remain in effect for	79390
all future sales of direct mail by the vendor to the purchaser	79391
until it is revoked in writing.	79392

(3) Upon receipt of information from the purchaser showing	79393
the jurisdictions to which the direct mail is delivered to	79394
recipients, the vendor shall collect the tax according to the	79395
delivery information provided by the purchaser. In the absence of	79396
bad faith, the vendor is relieved of any further obligation to	79397
collect tax on any transaction where the vendor has collected tax	79398
pursuant to the delivery information provided by the purchaser.	79399

(4) If the purchaser of direct mail does not have a direct	79400
payment permit and does not provide the vendor with either a	79401
direct mail form or delivery information as required by division	79402
(D)(1) of this section, the vendor shall collect the tax according	79403
to division (A)(5) of this section. Nothing in division (D)(4) of	79404
this section shall limit a purchaser's obligation to pay sales or	79405
use tax to any state to which the direct mail is delivered.	79406

(5) If a purchaser of direct mail provides the vendor with	79407
documentation of direct payment authority, the purchaser shall not	79408
be required to provide a direct mail form or delivery information	79409
to the vendor.	79410

(E) If the vendor provides lodging to transient guests as	79411
specified in division (B)(2) of section 5739.01 of the Revised	79412
Code, the situs of the sale isshall be sourced to the location	79413
where the lodging is located.	79414

(F) Except as otherwise provided in this division, if the	79415
vendor sells a prepaid authorization number or a prepaid telephone	79416
calling card, the situs of the sale is the vendor's place of	79417
business and shall be taxed at the time of sale. If the vendor	79418
sells a prepaid authorization number or prepaid telephone calling	79419
card through a telephone call, electronic commerce, or any other	79420
form of remote commerce, the situs of the sale is the consumer's	79421
shipping address, or, if there is no item shipped, at the	79422
consumer's billing address(1) As used in this division and	79423
division (G) of this section, "transportation equipment" means any	79424
of the following:	79425

(a) Locomotives and railcars that are utilized for the	79426
carriage of persons or property in interstate commerce.	79427

(b) Trucks and truck-tractors with a gross vehicle weight	79428
rating of greater than ten thousand pounds, trailers,	79429
semi-trailers, or passenger buses that are registered through the	79430
international registration plan and are operated under authority	79431
of a carrier authorized and certificated by the United States	79432
department of transportation or another federal authority to	79433
engage in the carriage of persons or property in interstate	79434
commerce.	79435

(c) Aircraft that are operated by air carriers authorized and	79436
certificated by the United States department of transportation or	79437
another federal authority to engage in the carriage of persons or	79438
property in interstate or foreign commerce.	79439

(d) Containers designed for use on and component parts	79440
attached to or secured on the items set forth in division	79441
(F)(1)(a), (b), or (c) of this section.	79442

(2) A sale, lease, or rental of transportation equipment	79443
shall be sourced pursuant to division (A) of this section.	79444

(G)(1) A lease or rental of tangible personal property that	79445
does not require recurring periodic payments shall be sourced	79446
pursuant to division (A) of this section.	79447

(2) A lease or rental of tangible personal property that	79448
requires recurring periodic payments shall be sourced as follows:	79449

(a) In the case of a motor vehicle, other than a motor	79450
vehicle that is transportation equipment, such lease or rental	79451
shall be sourced to the primary property location as follows:	79452

(i) For a lease or rental taxed pursuant to division (A)(2)	79453
of section 5739.02 of the Revised Code, the primary property	79454
location is the address of the lessee or renter used for titling	79455
the motor vehicle pursuant to section 4505.06 of the Revised Code	79456
at the time the lease or rental is consummated.	79457

(ii) For a lease or rental taxed pursuant to division (A)(3)	79458
of section 5739.02 of the Revised Code, the primary property	79459
location for each lease or rental installment is the primary	79460
property location for the period covered by the installment.	79461

(b) In the case of an aircraft, other than an aircraft that	79462
is transportation equipment, such lease or rental shall be sourced	79463
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 primary property location at the time the lease or	79467
rental is consummated.	79468

(ii) For a lease or rental taxed pursuant to division (A)(3)	79469
of section 5739.02 of the Revised Code, the primary property	79470
location for each lease or rental installment is the primary	79471
property location for the period covered by the installment.	79472

(c) In the case of a watercraft or an outboard motor required	79473
to be titled in this state pursuant to Chapter 1548. of the	79474
Revised Code, such lease or rental shall be sourced to the primary	79475
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 address of the lessee or renter shown on the	79479
title.	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 the initial lease or rental installment is the	79483
address of the lessee or renter shown on the title. For each	79484
subsequent installment, the primary property location is the	79485
primary property location for the period covered by the	79486
installment.	79487

(d) In the case of a lease or rental of all other tangible	79488
personal property, other than transportation equipment, such lease	79489
or rental shall be sourced as follows:	79490

(i) For a lease or rental that is taxed pursuant to division	79491
(A)(2) of section 5739.02 of the Revised Code, the lease or rental	79492
shall be sourced pursuant to division (A) of this section at the	79493
time the lease or rental is consummated.	79494

(ii) For a lease or rental that is taxed pursuant to division	79495
(A)(3) of section 5739.02 of the Revised Code, the initial lease	79496
or rental installment shall be sourced pursuant to division (A) of	79497
this section. Each subsequent installment shall be sourced to the	79498
primary property location for the period covered by the	79499
installment.	79500

(3) As used in division (G) of this section, "primary	79501
property location" means an address for tangible personal property	79502
provided by the lessee or renter that is available to the lessor	79503
or owner from its records maintained in the ordinary course of	79504
business, when use of that address does not constitute bad faith.	79505

Section 3.09B. That the existing version of section 5739.033	79506
of the Revised Code as it results from Am. Sub. S.B. 143 of the	79507
124th General Assembly, as amended by H.B. 675 of the 124th	79508
General Assembly, is hereby repealed.	79509

Section 3.09C. The amendments in Sections 3.09A and 3.09B of	79510
this act provide for or are essential to the implementation of a	79511
tax levy. Therefore, under Ohio Constitution, Article II, Section	79512
1d, those Sections are not subject to the referendum and go into	79513
effect January 1, 2004.	79514

Section 3.10. Section 4723.063 of the Revised Code is hereby	79515
repealed, effective December 31, 2013.	79516

Section 3.11. That the version of section 5101.28 of the	79517
Revised Code that is scheduled to take effect January 1, 2004, be	79518
amended to read as follows:	79519

Sec. 5101.28.  (A) The department of job and family services	79520
shall enter into written agreements with law enforcement agencies	79521
to exchange, obtain, or share(1) On request of the department of	79522
job and family services or a county agency, a law enforcement	79523
agency shall provide information regarding public assistance	79524
recipients to enable the department,or county agencies, and law	79525
enforcement agenciesagency to determine, for eligibility	79526
purposes, whether a recipient or a member of a recipient's	79527
assistance group is either of the following:	79528

(1) Aa fugitive felon;

79529

(2) Violatingfelon or violating a condition of probation, a	79530
community control sanction, parole, or a post-release control	79531
sanction imposed under state or federal law.	79532

(2) A county agency may enter into a written agreement with a	79533
local law enforcement agency establishing procedures concerning	79534
access to information and providing for compliance with division	79535
(F) of this section.	79536

(B) TheTo the extent permitted by federal law, the	79537
department and county agencies shall provide information, except	79538
information directly related to the receipt of medical assistance	79539
or medical services, regarding recipients of public assistance	79540
under a program administered by the state department or a county	79541
agency pursuant to Chapter 5107., 5108., or 5115. of the Revised	79542
Code to law enforcement agencies on request for the purposes of	79543
investigations, prosecutions, and criminal and civil proceedings	79544
that are within the scope of the law enforcement agencies'	79545
official duties.	79546

(C) Information about a recipient shall be exchanged,	79547
obtained, or shared only if the department, county agency, or law	79548
enforcement agency requesting the information gives sufficient	79549
information to specifically identify the recipient. In addition to	79550
the recipient's name, identifying information may include the	79551
recipient's current or last known address, social security number,	79552
other identifying number, age, gender, physical characteristics,	79553
any information specified in an agreement entered into under	79554
division (A) of this section, or any information considered	79555
appropriate by the department or agency.	79556

(D)(1) The department and its officers and employees are not	79557
liable in damages in a civil action for any injury, death, or loss	79558
to person or property that allegedly arises from the release of	79559
information in accordance with divisions (A), (B), and (C) of this	79560
section. This section does not affect any immunity or defense that	79561
the department and its officers and employees may be entitled to	79562
under another section of the Revised Code or the common law of	79563
this state, including section 9.86 of the Revised Code.	79564

(2) The county agencies and their employees are not liable in	79565
damages in a civil action for any injury, death, or loss to person	79566
or property that allegedly arises from the release of information	79567
in accordance with divisions (A), (B), and (C) of this section.	79568
"Employee" has the same meaning as in division (B) of section	79569
2744.01 of the Revised Code. This section does not affect any	79570
immunity or defense that the county agencies and their employees	79571
may be entitled to under another section of the Revised Code or	79572
the common law of this state, including section 2744.02 and	79573
division (A)(6) of section 2744.03 of the Revised Code.	79574

(E) To the extent permitted by federal law, the department	79575
and county agencies shall provide access to information to the	79576
auditor of state acting pursuant to Chapter 117. or sections	79577
5101.181 and 5101.182 of the Revised Code and to any other	79578
government entity authorized by or federal law to conduct an audit	79579
of or similar activity involving a public assistance program.	79580

(F) The auditor of state shall prepare an annual report on	79581
the outcome of the agreements required under division (A) of this	79582
section. The report shall include the number of fugitive felons,	79583
probation and parole violators, and violators of community control	79584
sanctions and post-release control sanctions apprehended during	79585
the immediately preceding year as a result of the exchange of	79586
information pursuant to that division. The auditor of state shall	79587
file the report with the governor, the president and minority	79588
leader of the senate, and the speaker and minority leader of the	79589
house of representatives. The state department, county agencies,	79590
and law enforcement agencies shall cooperate with the auditor of	79591
state's office in gathering the information required under this	79592
division.	79593

(G) To the extent permitted by federal law, the department of	79594
job and family services, county departments of job and family	79595
services, and employees of the departments may report to a public	79596
children services agency or other appropriate agency information	79597
on known or suspected physical or mental injury, sexual abuse or	79598
exploitation, or negligent treatment or maltreatment, of a child	79599
receiving public assistance, if circumstances indicate that the	79600
child's health or welfare is threatened.	79601

(H) As used in this section:

79602

(1) "Community control sanction" has the same meaning as in	79603
section 2929.01 of the Revised Code.	79604

(2) "Post-release control sanction" has the same meaning as	79605
in section 2967.01 of the Revised Code.	79606

Section 3.12. That the existing version of section 5101.28 of	79607
the Revised Code that is scheduled to take effect January 1, 2004,	79608
is hereby repealed.	79609

Section 3.13. Sections 3.11 and 3.12 of this act shall take	79610
effect January 1, 2004.	79611

Section 3.14. That the version of section 5743.45 of the	79612
Revised Code that is scheduled to take effect January 1, 2004, be	79613
amended to read as follows:	79614

Sec. 5743.45.  (A) As used in this section, "felony" has the	79615
same meaning as in section 109.511 of the Revised Code.	79616

(B) For purposes of enforcing this chapter and Chapters	79617
5728., 5735., 5739., 5741., and 5747. of the Revised Code and	79618
subject to division (C) of this section, the tax commissioner, by	79619
journal entry, may delegate any investigation powers of the	79620
commissioner to an employee of the department of taxation who has	79621
been certified by the Ohio peace officer training commission and	79622
who is engaged in the enforcement of those chapters. A separate	79623
journal entry shall be entered for each employee to whom that	79624
power is delegated. Each journal entry shall be a matter of public	79625
record and shall be maintained in an administrative portion of the	79626
journal as provided for in division (L) of section 5703.05 of the	79627
Revised Code. When that journal entry is completed, the employee	79628
to whom it pertains, while engaged within the scope of the	79629
employee's duties in enforcing the provisions of this chapter or	79630
Chapter 5728., 5735., 5739., 5741., or 5747. of the Revised Code,	79631
has the power of a police officer to carry concealed weapons, make	79632
arrests, and obtain warrants for violations of any provision in	79633
those chapters. The commissioner, at any time, may suspend or	79634
revoke the commissioner's delegation by journal entry. No employee	79635
of the department shall divulge any information acquired as a	79636
result of an investigation pursuant to this chapter or Chapter	79637
5728., 5735., 5739., 5741., or 5747. of the Revised Code, except	79638
as may be required by the commissioner or a court.	79639

(C)(1) The tax commissioner shall not delegate any	79640
investigation powers to an employee of the department of taxation	79641
pursuant to division (B) of this section on a permanent basis, on	79642
a temporary basis, for a probationary term, or on other than a	79643
permanent basis if the employee previously has been convicted of	79644
or has pleaded guilty to a felony.	79645

(2)(a) The tax commissioner shall revoke the delegation of	79646
investigation powers to an employee to whom the delegation was	79647
made pursuant to division (B) of this section if that employee	79648
does either of the following:	79649

(i) Pleads guilty to a felony;

79650

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	79651
plea agreement as provided in division (D) of section 2929.43 of	79652
the Revised Code in which the employee agrees to surrender the	79653
certificate awarded to that employee under section 109.77 of the	79654
Revised Code.	79655

(b) The tax commissioner shall suspend the delegation of	79656
investigation powers to an employee to whom the delegation was	79657
made pursuant to division (B) of this section if that employee is	79658
convicted, after trial, of a felony. If the employee files an	79659
appeal from that conviction and the conviction is upheld by the	79660
highest court to which the appeal is taken or if the employee does	79661
not file a timely appeal, the commissioner shall revoke the	79662
delegation of investigation powers to that employee. If the	79663
employee files an appeal that results in that employee's acquittal	79664
of the felony or conviction of a misdemeanor, or in the dismissal	79665
of the felony charge against that employee, the commissioner shall	79666
reinstate the delegation of investigation powers to that employee.	79667
The suspension, revocation, and reinstatement of the delegation of	79668
investigation powers to an employee under division (C)(2) of this	79669
section shall be made by journal entry pursuant to division (B) of	79670
this section. An employee to whom the delegation of investigation	79671
powers is reinstated under division (C)(2)(b) of this section	79672
shall not receive any back pay for the exercise of those	79673
investigation powers unless that employee's conviction of the	79674
felony was reversed on appeal, or the felony charge was dismissed,	79675
because the court found insufficient evidence to convict the	79676
employee of the felony.	79677

(3) Division (C) of this section does not apply regarding an	79678
offense that was committed prior to January 1, 1997.	79679

(4) The suspension or revocation of the delegation of	79680
investigation powers to an employee under division (C)(2) of this	79681
section shall be in accordance with Chapter 119. of the Revised	79682
Code.	79683

Section 3.15. That the existing version of section 5743.45 of	79684
the Revised Code that is scheduled to take effect January 1, 2004,	79685
is hereby repealed.	79686

Section 3.16. Sections 3.14 and 3.15 of this act take effect	79687
January 1, 2004.	79688

Section 3.17. Section 5111.161 of the Revised Code is hereby	79689
repealed, effective October 1, 2005.	79690

Section 4.  Except as otherwise provided, all appropriation	79691
items (AI) in this act are appropriated out of any moneys in the	79692
state treasury to the credit of the designated fund that are not	79693
otherwise appropriated. For all appropriations made in this act,	79694
the amounts in the first column are for fiscal year 2004 and the	79695
amounts in the second column are for fiscal year 2005.	79696

Section 5.  ACC ACCOUNTANCY BOARD OF OHIO

79698

General Services Fund Group

79699

Section 6.  PAY ACCRUED LEAVE LIABILITY

79706

Accrued Leave Liability Fund Group

79707

Agency Fund Group

79712

ACCRUED LEAVE LIABILITY FUND

79719

The foregoing appropriation item 995-666, Accrued Leave Fund,	79720
shall be used to make payments from the Accrued Leave Liability	79721
Fund (Fund 806), pursuant to section 125.211 of the Revised Code.	79722
If it is determined by the Director of Budget and Management that	79723
additional amounts are necessary, the amounts are appropriated.	79724

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

79725

The foregoing appropriation item 995-667, Disability Fund,	79726
shall be used to make payments from the State Employee Disability	79727
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the	79728
Revised Code. If it is determined by the Director of Budget and	79729
Management that additional amounts are necessary, the amounts are	79730
appropriated.	79731

STATE EMPLOYEE HEALTH BENEFIT FUND

79732

The foregoing appropriation item 995-668, State Employee	79733
Health Benefit Fund, shall be used to make payments from the State	79734
Employee Health Benefit Fund (Fund 808), pursuant to section	79735
124.87 of the Revised Code. If it is determined by the Director of	79736
Budget and Management that additional amounts are necessary, the	79737
amounts are appropriated.	79738

DEPENDENT CARE SPENDING ACCOUNT

79739

The foregoing appropriation item 995-669, Dependent Care	79740
Spending Account, shall be used to make payments from the	79741
Dependent Care Spending Account (Fund 809) to employees eligible	79742
for dependent care expenses. If it is determined by the Director	79743
of Budget and Management that additional amounts are necessary,	79744
the amounts are appropriated.	79745

LIFE INSURANCE INVESTMENT FUND

79746

The foregoing appropriation item 995-670, Life Insurance	79747
Investment Fund, shall be used to make payments from the Life	79748
Insurance Investment Fund (Fund 810) for the costs and expenses of	79749
the state's life insurance benefit program pursuant to section	79750
125.212 of the Revised Code. If it is determined by the Director	79751
of Budget and Management that additional amounts are necessary,	79752
the amounts are appropriated.	79753

PARENTAL LEAVE BENEFIT FUND

79754

The foregoing appropriation item 995-671, Parental Leave	79755
Benefit Fund, shall be used to make payments from the Parental	79756
Leave Benefit Fund (Fund 811) to employees eligible for parental	79757
leave benefits pursuant to section 124.137 of the Revised Code. If	79758
it is determined by the Director of Budget and Management that	79759
additional amounts are necessary, the amounts are appropriated.	79760

Section 7.  ADJ ADJUTANT GENERAL

79761

General Revenue Fund

79762

General Services Fund Group

79769

Federal Special Revenue Fund Group

79774

State Special Revenue Fund Group

79781

Section 8. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

79786

General Revenue Fund

79787

General Services Fund Group

79808

Intragovernmental Service Fund Group

79831

Agency Fund Group

79836

Holding Account Redistribution Fund Group

79840

Section 8.01.  AGENCY AUDIT EXPENSES

79846

The foregoing appropriation item 100-405, Agency Audit	79847
Expenses, shall be used for auditing expenses designated in	79848
division (A)(1) of section 117.13 of the Revised Code for those	79849
state agencies audited on a biennial basis.	79850

Section 8.02. OHIO BUILDING AUTHORITY

79851

The foregoing appropriation item 100-447, OBA - Building Rent	79852
Payments, shall be used to meet all payments at the times they are	79853
required to be made during the period from July 1, 2003, to June	79854
30, 2005, by the Department of Administrative Services to the Ohio	79855
Building Authority pursuant to leases and agreements under Chapter	79856
152. of the Revised Code, but limited to the aggregate amount of	79857
$222,702,700. These appropriations are the source of funds pledged	79858
for bond service charges on obligations issued pursuant to Chapter	79859
152. of the Revised Code.	79860

The foregoing appropriation item 100-448, OBA - Building	79861
Operating Payments, shall be used to meet all payments at the	79862
times that they are required to be made during the period from	79863
July 1, 2003, to June 30, 2005, by the Department of	79864
Administrative Services to the Ohio Building Authority pursuant to	79865
leases and agreements under Chapter 152. of the Revised Code, but	79866
limited to the aggregate amount of $51,448,800.	79867

The payments to the Ohio Building Authority are for the	79868
purpose of paying the expenses of agencies that occupy space in	79869
the various state facilities. The Department of Administrative	79870
Services may enter into leases and agreements with the Ohio	79871
Building Authority providing for the payment of these expenses.	79872
The Ohio Building Authority shall report to the Department of	79873
Administrative Services and the Office of Budget and Management	79874
not later than five months after the start of a fiscal year the	79875
actual expenses incurred by the Ohio Building Authority in	79876
operating the facilities and any balances remaining from payments	79877
and rentals received in the prior fiscal year. The Department of	79878
Administrative Services shall reduce subsequent payments by the	79879
amount of the balance reported to it by the Ohio Building	79880
Authority.	79881

Section 8.03.  DAS - BUILDING OPERATING PAYMENTS

79882

The foregoing appropriation item 100-449, DAS - Building	79883
Operating Payments, shall be used to pay the rent expenses of	79884
veterans organizations pursuant to section 123.024 of the Revised	79885
Code in fiscal years 2004 and 2005.	79886

The foregoing appropriation item, 100-449, DAS - Building	79887
Operating Payments, may be used to provide funding for the cost of	79888
property appraisals or building studies that the Department of	79889
Administrative Services may be required to obtain for property	79890
that is being sold by the state or property under consideration to	79891
be renovated or purchased by the state.	79892

Notwithstanding section 125.28 of the Revised Code, the	79893
remaining portion of the appropriation may be used to pay the	79894
operating expenses of state facilities maintained by the	79895
Department of Administrative Services that are not billed to	79896
building tenants. These expenses may include, but are not limited	79897
to, the costs for vacant space and space undergoing renovation,	79898
and the rent expenses of tenants that are relocated due to	79899
building renovations. These payments shall be processed by the	79900
Department of Administrative Services through intrastate transfer	79901
vouchers and placed in the Building Management Fund (Fund 132).	79902

Section 8.04.  CENTRAL SERVICE AGENCY FUND

79903

The Director of Budget and Management may transfer up to	79904
$423,200 in fiscal year 2004 and up to $427,700 in fiscal year	79905
2005 from the Occupational Licensing and Regulatory Fund (Fund	79906
4K9) to the Central Service Agency Fund (Fund 115). The Director	79907
of Budget and Management may transfer up to $40,700 in fiscal year	79908
2004 and up to $41,200 in fiscal year 2005 from the State Medical	79909
Board Operating Fund (Fund 5C6) to the Central Service Agency Fund	79910
(Fund 115). The appropriation item 100-632, Central Service	79911
Agency, shall be used to purchase the necessary equipment,	79912
products, and services to maintain a local area network for the	79913
professional licensing boards, and to support their licensing	79914
applications in fiscal years 2004 and 2005. The amount of the cash	79915
transfer is appropriated to appropriation item 100-632, Central	79916
Service Agency.	79917

Section 8.05.  COLLECTIVE BARGAINING ARBITRATION EXPENSES

79918

With approval of the Director of Budget and Management, the	79919
Department of Administrative Services may seek reimbursement from	79920
state agencies for the actual costs and expenses the department	79921
incurs in the collective bargaining arbitration process. The	79922
reimbursements shall be processed through intrastate transfer	79923
vouchers and placed in the Collective Bargaining Fund (Fund 128).	79924

Section 8.06. EQUAL OPPORTUNITY PROGRAM

79925

The Department of Administrative Services, with the approval	79926
of the Director of Budget and Management, shall establish charges	79927
for recovering the costs of administering the activities supported	79928
by the State EEO Fund (Fund 188). These charges shall be deposited	79929
to the credit of the State EEO Fund (Fund 188) upon payment made	79930
by state agencies, state-supported or state-assisted institutions	79931
of higher education, and tax-supported agencies, municipal	79932
corporations, and other political subdivisions of the state, for	79933
services rendered.	79934

Section 8.07. MERCHANDISE FOR RESALE

79935

The foregoing appropriation item 100-653, General Services	79936
Resale Merchandise, shall be used to account for merchandise for	79937
resale, which is administered by the General Services Division.	79938
Deposits to the fund may comprise the cost of merchandise for	79939
resale and shipping fees.	79940

Section 8.08.  DEPARTMENTAL MIS

79941

The foregoing appropriation item 100-603, Departmental MIS	79942
Services, may be used to pay operating expenses of management	79943
information systems activities in the Department of Administrative	79944
Services. The Department of Administrative Services shall	79945
establish charges for recovering the costs of management	79946
information systems activities. These charges shall be deposited	79947
to the credit of the Departmental MIS Services Fund (Fund 4P3).	79948

Notwithstanding any other language to the contrary, the	79949
Director of Budget and Management may transfer up to $1,000,000 of	79950
fiscal year 2004 appropriations and up to $1,000,000 of fiscal	79951
year 2005 appropriations from appropriation item 100-603,	79952
Departmental MIS Services, to any Department of Administrative	79953
Services non-General Revenue Fund appropriation item. The	79954
appropriations transferred shall be used to make payments for	79955
management information systems services.	79956

Section 8.09. INVESTMENT RECOVERY FUND

79957

Notwithstanding division (B) of section 125.14 of the Revised	79958
Code, cash balances in the Investment Recovery Fund (Fund 427) may	79959
be used to support the operating expenses of the Federal Surplus	79960
Operating Program created in sections 125.84 to 125.90 of the	79961
Revised Code.	79962

Notwithstanding division (B) of section 125.14 of the Revised	79963
Code, cash balances in the Investment Recovery Fund may be used to	79964
support the operating expenses of the State Property Inventory and	79965
Fixed Assets Management System Program.	79966

Of the foregoing appropriation item 100-602, Investment	79967
Recovery, up to $1,958,155 in fiscal year 2004 and up to	79968
$2,049,162 in fiscal year 2005 shall be used to pay the operating	79969
expenses of the State Surplus Property Program, the Surplus	79970
Federal Property Program, and the State Property Inventory and	79971
Fixed Assets Management System Program pursuant to Chapter 125. of	79972
the Revised Code and this section. If additional appropriations	79973
are necessary for the operations of these programs, the Director	79974
of Administrative Services shall seek increased appropriations	79975
from the Controlling Board under section 131.35 of the Revised	79976
Code.	79977

Of the foregoing appropriation item 100-602, Investment	79978
Recovery, $2,221,029 in fiscal year 2004 and $2,130,022 in fiscal	79979
year 2005 shall be used to transfer proceeds from the sale of	79980
surplus property from the Investment Recovery Fund to non-General	79981
Revenue Funds pursuant to division (A)(2) of section 125.14 of the	79982
Revised Code. If it is determined by the Director of	79983
Administrative Services that additional appropriations are	79984
necessary for the transfer of such sale proceeds, the Director of	79985
Administrative Services may request the Director of Budget and	79986
Management to increase the amounts. Such amounts are hereby	79987
appropriated.	79988

Notwithstanding division (B) of section 125.14 of the Revised	79989
Code, the Director of Budget and Management, at the request of the	79990
Director of Administrative Services, shall transfer up to	79991
$2,811,197 of the amounts held for transfer to the General Revenue	79992
Fund from the Investment Recovery Fund to the General Services	79993
Fund (Fund 117) during the biennium beginning July 1, 2003, and	79994
ending June 30, 2005. The cash transferred to the General Services	79995
Fund shall be used to pay the operating expenses of the	79996
Competitive Sealed Proposal Program, to provide operating cash for	79997
the General Services Fund, and to provide operating cash for the	79998
newly created rate pools for Real Estate Leasing and Interior	79999
Design Services.	80000

Section 8.10. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM

80001

Notwithstanding division (B)(3) of section 4505.09 of the	80002
Revised Code, the Director of Budget and Management, at the	80003
request of the Director of Administrative Services, may transfer	80004
up to $4,887,390 in fiscal year 2004 and $1,000,000 in fiscal year	80005
2005 from the Automated Title Processing System (Fund 849) to the	80006
Multi-Agency Radio Communications Systems Administration Fund	80007
(Fund 5C2). The cash transferred to the Multi-Agency Radio	80008
Communications Systems Administration Fund shall be used for the	80009
development of the MARCS system.	80010

Effective with the implementation of the Multi-Agency Radio	80011
Communications System, the Director of Administrative Services	80012
shall collect user fees from participants in the system. The	80013
Director of Administrative Services, with the advice of the	80014
Multi-Agency Radio Communications System Steering Committee and	80015
the Director of Budget and Management, shall determine the amount	80016
of the fees and the manner by which the fees shall be collected.	80017
Such user charges shall comply with the applicable cost principles	80018
issued by the federal Office of Management and Budget. All moneys	80019
from user charges and fees shall be deposited in the state	80020
treasury to the credit of the Multi-Agency Radio Communications	80021
System Administration Fund (Fund 5C2). All interest income derived	80022
from the investment of the fund shall accrue to the fund.	80023

Section 8.11. WORKFORCE DEVELOPMENT FUND

80024

There is hereby established in the state treasury the	80025
Workforce Development Fund (Fund 5D7). The foregoing appropriation	80026
item 100-621, Workforce Development, shall be used to make	80027
payments from the fund. The fund shall be under the supervision of	80028
the Department of Administrative Services, which may adopt rules	80029
with regard to administration of the fund. The fund shall be used	80030
to pay the costs of the Workforce Development Program, if any, as	80031
previously established by Article 37 of the contract between the	80032
State of Ohio and OCSEA/AFSCME, Local 11, effective March 1, 2000,	80033
and as modified by any successor labor contract between the State	80034
of Ohio and OCSEA/AFSCME. The program shall be administered in	80035
accordance with the contract. Revenues shall accrue to the fund as	80036
specified in the contract. The fund may be used to pay direct and	80037
indirect costs of the program that are attributable to staff,	80038
consultants, and service providers. All income derived from the	80039
investment of the fund shall accrue to the fund.	80040

If it is determined by the Director of Administrative	80041
Services that additional appropriation amounts are necessary, the	80042
Director of Administrative Services may request that the Director	80043
of Budget and Management increase such amounts. Such amounts are	80044
hereby appropriated.	80045

Section 8.12. PROFESSIONAL DEVELOPMENT FUND

80046

The foregoing appropriation item 100-610, Professional	80047
Development, shall be used to make payments from the Professional	80048
Development Fund (Fund 5L7) pursuant to section 124.182 of the	80049
Revised Code.	80050

Section  8.13.  EMPLOYEE EDUCATIONAL DEVELOPMENT

80051

There is hereby established in the state treasury the	80052
Employee Educational Development Fund (Fund 5V6). The foregoing	80053
appropriation item 100-619, Employee Educational Development,	80054
shall be used to make payments from the fund. The fund shall be	80055
used to pay the costs of the administration of educational	80056
programs per existing collective bargaining agreements with	80057
District 1199, the Health Care and Social Service Union; State	80058
Council of Professional Educators; Ohio Education Association;	80059
National Education Association; the Fraternal Order of Police Ohio	80060
Labor Council, Unit 2; and the Ohio State Troopers Association,	80061
Units 1 and 15. The fund shall be under the supervision of the	80062
Department of Administrative Services, which may adopt rules with	80063
regard to administration of the fund. The fund shall be	80064
administered in accordance with the applicable sections of the	80065
collective bargaining agreements between the State and the	80066
aforementioned unions. The Department of Administrative Services,	80067
with the approval of the Director of Budget and Management, shall	80068
establish charges for recovering the costs of administering the	80069
educational programs. Receipts for these charges shall be	80070
deposited into the Employee Educational Development Fund. All	80071
income derived from the investment of the funds shall accrue to	80072
the fund.	80073

If it is determined by the Director of Administrative	80074
Services that additional appropriation amounts are necessary, the	80075
Director of Administrative Services may request that the Director	80076
of Budget and Management increase such amounts. Such amounts are	80077
hereby appropriated with the approval of the Director of Budget	80078
and Management.	80079

Upon the request of the Director of Administrative Services,	80080
the Director of Budget and Management shall transfer any cash	80081
balances attributable to educational programs per existing	80082
collective bargaining agreements with District 1199, the Health	80083
Care and Social Service Union; State Council of Professional	80084
Educators; Ohio Education Association; National Education	80085
Association; the Fraternal Order of Police Ohio Labor Council,	80086
Unit 2; and the Ohio State Troopers Association, Units 1 and 15	80087
from the Human Resources Services Fund (Fund 125) to the Employee	80088
Educational Development Fund (Fund 5V6).	80089

Section 8.14.  MAJOR IT PURCHASES

80090

The Director of Administrative Services shall compute the	80091
amount of revenue attributable to the amortization of all	80092
equipment purchases and capitalized systems from appropriation	80093
item 100-607, Information Technology Fund; appropriation item	80094
100-617, Major IT Purchases; and appropriation item CAP-837, Major	80095
IT Purchases, which is recovered by the Department of	80096
Administrative Services as part of the rates charged by the	80097
Information Technology Fund (Fund 133) created in section 125.15	80098
of the Revised Code. The Director of Budget and Management may	80099
transfer cash in an amount not to exceed the amount of	80100
amortization computed from the Information Technology Fund (Fund	80101
133) to the Major IT Purchases Fund (Fund 4N6).	80102

Section 8.15. INFORMATION TECHNOLOGY ASSESSMENT

80103

The Director of Administrative Services, with the approval of	80104
the Director of Budget and Management, may establish an	80105
information technology assessment for the purpose of recovering	80106
the cost of selected infrastructure and statewide programs. Such	80107
assessment shall comply with applicable cost principles issued by	80108
the federal Office of Management and Budget. The information	80109
technology assessment shall be charged to all organized bodies,	80110
offices, or agencies established by the laws of the state for the	80111
exercise of any function of state government except for the	80112
General Assembly, any legislative agency, the Supreme Court, the	80113
other courts of record in Ohio, or any judicial agency, the	80114
Adjutant General, the Bureau of Workers' Compensation, and	80115
institutions administered by a board of trustees. Any state-entity	80116
exempted by this section may utilize the infrastructure or	80117
statewide program by participating in the information technology	80118
assessment. All charges for the information technology assessment	80119
shall be deposited to the credit of the Information Technology	80120
Fund (Fund 133) created in section 125.15 of the Revised Code.	80121

Section 8.16. UNEMPLOYMENT COMPENSATION FUND

80122

The foregoing appropriation item 100-628, Unemployment	80123
Compensation Pass Through, shall be used to make payments from the	80124
Unemployment Compensation Fund (Fund 113), pursuant to section	80125
4141.241 of the Revised Code. If it is determined that additional	80126
amounts are necessary, such amounts are hereby appropriated.	80127

Section 8.17. PAYROLL WITHHOLDING FUND

80128

The foregoing appropriation item 100-629, Payroll Deductions,	80129
shall be used to make payments from the Payroll Withholding Fund	80130
(Fund 124). If it is determined by the Director of Budget and	80131
Management that additional appropriation amounts are necessary,	80132
such amounts are hereby appropriated.	80133

Section 8.18. GENERAL SERVICES REFUNDS

80134

The foregoing appropriation item 100-646, General Services	80135
Refunds, shall be used to hold bid guarantee and building plans	80136
and specifications deposits until they are refunded. The Director	80137
of Administrative Services may request that the Director of Budget	80138
and Management transfer cash received for the costs of providing	80139
the building plans and specifications to contractors from the	80140
General Services Refunds Fund to the State Architect's Office Fund	80141
(Fund 131). Prior to the transfer of cash, the Director of	80142
Administrative Services shall certify that such amounts are in	80143
excess of amounts required for refunding deposits and are directly	80144
related to costs of producing building plans and specifications.	80145
If it is determined that additional appropriations are necessary,	80146
such amounts are hereby appropriated.	80147

Section 8.19.  MULTI-AGENCY RADIO COMMUNICATION SYSTEM DEBT	80148
SERVICE PAYMENTS	80149

The Director of Administrative Services, in consultation with	80150
the Multi-Agency Radio Communication System (MARCS) Steering	80151
Committee and the Director of Budget and Management, shall	80152
determine the share of debt service payments attributable to	80153
spending for MARCS components that are not specific to any one	80154
agency and that shall be charged to agencies supported by the	80155
motor fuel tax. Such share of debt service payments shall be	80156
calculated for MARCS capital disbursements made beginning July 1,	80157
1997. Within thirty days of any payment made from appropriation	80158
item 100-447, OBA - Building Rent Payments, the Director of	80159
Administrative Services shall certify to the Director of Budget	80160
and Management the amount of this share. The Director of Budget	80161
and Management shall transfer such amounts to the General Revenue	80162
Fund from the State Highway Safety Fund (Fund 036) established in	80163
section 4501.06 of the Revised Code.	80164

The Director of Administrative Services shall consider	80165
renting or leasing existing tower sites at reasonable or current	80166
market rates, so long as these existing sites are equipped with	80167
the technical capabilities to support the MARCS project.	80168

Section 8.20. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY

80169

Whenever the Director of Administrative Services declares a	80170
"public exigency," as provided in division (C) of section 123.15	80171
of the Revised Code, the Director shall also notify the members of	80172
the Controlling Board.	80173

Section 8.21. GENERAL SERVICE CHARGES

80174

The Department of Administrative Services, with the approval	80175
of the Director of Budget and Management, shall establish charges	80176
for recovering the costs of administering the programs in the	80177
General Services Fund (Fund 117) and the State Printing Fund (Fund	80178
210).	80179

Section 8.22. Notwithstanding section 123.10 of the Revised	80180
Code, the Director of Administrative Services shall collect no	80181
commissions or fees in connection with the rental of property	80182
during the period beginning July 1, 2003, and ending June 30,	80183
2005.	80184

Section 9.  AAM COMMISSION ON AFRICAN AMERICAN MALES

80185

General Revenue Fund

80186

State Special Revenue Fund Group

80193

COMMISSION ON AFRICAN AMERICAN MALES PROGRESS REVIEW

80197

Annually, not later than the thirty-first day of December,	80198
the Commission on African American Males shall internally prepare	80199
and submit to the chairperson and ranking minority member of the	80200
Human Services Subcommittee of the Finance and Appropriations	80201
Committee of the House of Representatives a report that	80202
demonstrates the progress that has been made toward meeting the	80203
Commission's mission statement.	80204

From the foregoing appropriations, the Commission on African	80205
American Males shall provide in each fiscal year $50,000 to the	80206
Cincinnati State Community College to purchase books and equipment	80207
in order to furnish the Cincinnati State William F. Bowen Room	80208
that will honor Ohio's African-American legislators.	80209

Section 10.  JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

80210

General Revenue Fund

80211

OPERATING

80215

The Chief Administrative Officer of the House of	80216
Representatives and the Clerk of the Senate shall determine, by	80217
mutual agreement, which of them shall act as fiscal agent for the	80218
Joint Committee on Agency Rule Review.	80219

Section 11.  AGE DEPARTMENT OF AGING

80220

General Revenue Fund

80221

General Services Fund Group

80236

Federal Special Revenue Fund Group

80241

State Special Revenue Fund Group

80249

Section 11.01. PRE-ADMISSION REVIEW FOR NURSING FACILITY	80260
ADMISSION	80261

Pursuant to sections 5101.751 and 5101.754 of the Revised	80262
Code and an interagency agreement, the Department of Job and	80263
Family Services shall designate the Department of Aging to perform	80264
assessments under sections 5101.75 and 5111.204 of the Revised	80265
Code. Of the foregoing appropriation item 490-403, PASSPORT, the	80266
Department of Aging may use not more than $2,511,309 in fiscal	80267
year 2004 and $2,574,092 in fiscal year 2005 to perform the	80268
assessments for persons not eligible for Medicaid in accordance	80269
with the department's interagency agreement with the Department of	80270
Job and Family Services and to assist individuals in planning for	80271
their long-term health care needs.	80272

Section 11.02.  PASSPORT

80273

Appropriation item 490-403, PASSPORT, and the amounts set	80274
aside for the PASSPORT Waiver Program in appropriation item	80275
490-610, PASSPORT/Residential State Supplement, may be used to	80276
assess clients regardless of Medicaid eligibility.	80277

The Director of Aging shall adopt rules under section 111.15	80278
of the Revised Code governing the nonwaiver funded PASSPORT	80279
program, including client eligibility.	80280

The Department of Aging shall administer the Medicaid	80281
waiver-funded PASSPORT Home Care Program as delegated by the	80282
Department of Job and Family Services in an interagency agreement.	80283
The foregoing appropriation item 490-403, PASSPORT, and the	80284
amounts set aside for the PASSPORT Waiver Program in appropriation	80285
item 490-610, PASSPORT/Residential State Supplement, shall be used	80286
to provide the required state match for federal Medicaid funds	80287
supporting the Medicaid Waiver-funded PASSPORT Home Care Program.	80288
Appropriation item 490-403, PASSPORT, and the amounts set aside	80289
for the PASSPORT Waiver Program in appropriation item 490-610,	80290
PASSPORT/Residential State Supplement, may also be used to support	80291
the Department of Aging's administrative costs associated with	80292
operating the PASSPORT program.	80293

The foregoing appropriation item 490-607, PASSPORT, shall be	80294
used to provide the federal matching share for all PASSPORT	80295
program costs determined by the Department of Job and Family	80296
Services to be eligible for Medicaid reimbursement.	80297

SENIOR COMMUNITY SERVICES

80298

Of the foregoing appropriation item 490-411, Senior Community	80299
Services, $300,000 shall be allocated to the Visiting Nurses	80300
Association of Cleveland.	80301

The remainder of the foregoing appropriation item 490-411,	80302
Senior Community Services, shall be used for services designated	80303
by the Department of Aging, including, but not limited to,	80304
home-delivered and congregate meals, transportation services,	80305
personal care services, respite services, adult day services, home	80306
repair, care coordination, and decision support systems. Service	80307
priority shall be given to low income, frail, and cognitively	80308
impaired persons 60 years of age and over. The department shall	80309
promote cost sharing by service recipients for those services	80310
funded with block grant funds, including, where possible,	80311
sliding-fee scale payment systems based on the income of service	80312
recipients.	80313

ALZHEIMERS RESPITE

80314

The foregoing appropriation item 490-414, Alzheimers Respite,	80315
shall be used to fund only Alzheimer's disease services under	80316
section 173.04 of the Revised Code.	80317

TRANSPORTATION FOR ELDERLY

80318

The foregoing appropriation item 490-416, Transportation for	80319
Elderly, shall be used for noncapital expenses related to	80320
transportation services for the elderly that provide access to	80321
such things as healthcare services, congregate meals,	80322
socialization programs, and grocery shopping. The funds pass	80323
through and shall be administered by the Area Agencies on Aging.	80324
The appropriation shall be allocated to the following agencies:	80325

(A) Up to $34,912 in fiscal year 2004 and up to $34,039 in	80326
fiscal year 2005 to the Jewish Vocational Services/Cincinnati;	80327

(B) Up to $34,912 in fiscal year 2004 and up to $34,039 in	80328
fiscal year 2005 to the Jewish Community Center of Cleveland;	80329

(C) Up to $34,912 in fiscal year 2004 and up to $34,039 in	80330
fiscal year 2005 to the Wexner Heritage Village/Columbus;	80331

(D) Up to $15,469 in fiscal year 2004 and up to $15,082 in	80332
fiscal year 2005 to the Jewish Family Services of Dayton;	80333

(E) Up to $7,805 in fiscal year 2004 and up to $7,610 in	80334
fiscal year 2005 to the Jewish Community Center of Akron;	80335

(F) Up to $3,832 in fiscal year 2004 and up to $3,736 in	80336
fiscal year 2005 to the Jewish Community Center/Youngstown;	80337

(G) Up to $2,270 in fiscal year 2004 and up to $2,214 in	80338
fiscal year 2005 to the Jewish Community Center/Canton;	80339

(H) Up to $7,805 in fiscal year 2004 and up to $7,610 in	80340
fiscal year 2005 to the Jewish Community Center/Sylvania.	80341

Agencies receiving funding from appropriation item 490-416,	80342
Transportation for Elderly, shall coordinate services with other	80343
local service agencies.	80344

RESIDENTIAL STATE SUPPLEMENT

80345

Under the Residential State Supplement Program, the amount	80346
used to determine whether a resident is eligible for payment and	80347
for determining the amount per month the eligible resident will	80348
receive shall be as follows:	80349

(A) $900 for a residential care facility, as defined in	80350
section 3721.01 of the Revised Code;	80351

(B) $900 for an adult group home, as defined in Chapter 3722.	80352
of the Revised Code;	80353

(C) $800 for an adult foster home, as defined in Chapter 173.	80354
of the Revised Code;	80355

(D) $800 for an adult family home, as defined in Chapter	80356
3722. of the Revised Code;	80357

(E) $800 for an adult community alternative home, as defined	80358
in Chapter 3724. of the Revised Code;	80359

(F) $800 for an adult residential facility, as defined in	80360
Chapter 5119. of the Revised Code;	80361

(G) $600 for adult community mental health housing services,	80362
as defined in division (B)(5) of section 173.35 of the Revised	80363
Code.	80364

The Departments of Aging and Job and Family Services shall	80365
reflect these amounts in any applicable rules the departments	80366
adopt under section 173.35 of the Revised Code.	80367

TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS

80368

The Department of Aging may transfer cash by intrastate	80369
transfer vouchers from the foregoing appropriation items 490-412,	80370
Residential State Supplement, and 490-610, PASSPORT/Residential	80371
State Supplement, to the Department of Job and Family Services'	80372
Fund 4J5, Home and Community-Based Services for the Aged Fund. The	80373
funds shall be used to make benefit payments to Residential State	80374
Supplement recipients.	80375

LONG-TERM CARE OMBUDSMAN

80376

The foregoing appropriation item 490-410, Long-Term Care	80377
Ombudsman, shall be used for a program to fund ombudsman program	80378
activities in nursing homes, adult care facilities, boarding	80379
homes, and home and community care services.	80380

PRESCRIPTION DRUG DISCOUNT PROGRAM

80381

The foregoing appropriation item 490-419, Prescription Drug	80382
Discount Program, shall be used to administer a prescription drug	80383
discount program.	80384

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAMS

80385

The foregoing appropriation item 490-609, Regional Long-Term	80386
Care Ombudsman Programs, shall be used solely to pay the costs of	80387
operating the regional long-term care ombudsman programs.	80388

PASSPORT/RESIDENTIAL STATE SUPPLEMENT

80389

Of the foregoing appropriation item 490-610,	80390
PASSPORT/Residential State Supplement, up to $2,835,000 each	80391
fiscal year may be used to fund the Residential State Supplement	80392
Program. The remaining available funds shall be used to fund the	80393
PASSPORT program.	80394

TRANSFER OF APPROPRIATIONS - FEDERAL AGING NUTRITION, FEDERAL	80395
SUPPORTIVE SERVICES, AND OLDER AMERICANS SUPPORT SERVICES	80396

Upon written request of the Director of Aging, the Director	80397
of Budget and Management may transfer appropriation authority	80398
among appropriation items 490-611, Federal Aging Nutrition,	80399
490-612, Federal Supportive Services, and 490-618, Older Americans	80400
Support Services, in amounts not to exceed 30 per cent of the	80401
appropriation from which the transfer is made. The Department of	80402
Aging shall report such transfers to the Controlling Board at the	80403
next regularly scheduled meeting of the board.	80404

OHIO COMMUNITY SERVICE COUNCIL

80405

The foregoing appropriation items 490-409, Ohio Community	80406
Service Council Operations, and 490-617, Ohio Community Service	80407
Council Programs, shall be used in accordance with section 121.40	80408
of the Revised Code.	80409

Section 12.  AGR DEPARTMENT OF AGRICULTURE

80410

General Revenue Fund

80411

Federal Special Revenue Fund Group

80432

State Special Revenue Fund Group

80440

Clean Ohio Fund Group

80463

Holding Account Redistribution Fund Group

80466

ANIMAL DAMAGE CONTROL

80470

Of the foregoing appropriation item 700-405, Animal Damage	80471
Control, $50,000 shall be used in each fiscal year for coyote and	80472
black vulture indemnification.	80473

INTERNATIONAL TRADE AND MARKET DEVELOPMENT

80474

Of the foregoing appropriation item 700-411, International	80475
Trade and Market Development, $100,000 shall be used in fiscal	80476
year 2004 for the Ohio-Israel Agricultural Initiative.	80477

FAMILY FARM LOAN PROGRAM

80478

Notwithstanding Chapter 166. of the Revised Code, up to	80479
$1,500,000 in each fiscal year shall be transferred from moneys in	80480
the Facilities Establishment Fund (Fund 037) to the Family Farm	80481
Loan Fund (Fund 5H1) in the Department of Development. These	80482
moneys shall be used for loan guarantees. The transfer is subject	80483
to Controlling Board approval.	80484

Financial assistance from the Family Farm Loan Fund (Fund	80485
5H1) shall be repaid to Fund 5H1. This fund is established in	80486
accordance with sections 166.031, 901.80, 901.81, 901.82, and	80487
901.83 of the Revised Code.	80488

When the Family Farm Loan Fund (Fund 5H1) ceases to exist,	80489
all outstanding balances, all loan repayments, and any other	80490
outstanding obligations shall revert to the Facilities	80491
Establishment Fund (Fund 037).	80492

CLEAN OHIO AGRICULTURAL EASEMENT

80493

The foregoing appropriation item 700-632, Clean Ohio	80494
Agricultural Easement, shall be used by the Department of	80495
Agriculture in administering sections 901.21, 901.22, and 5301.67	80496
to 5301.70 of the Revised Code.	80497

FARM SERVICE ELECTRONIC FILING

80498

As soon as possible on or after July 1, 2003, the Director of	80499
Budget and Management shall make a one-time cash transfer of	80500
$60,000 from Fund 382, Cooperative Contracts, to Fund XXX, Farm	80501
Service Electronic Filing Fund, in fiscal year 2004. The Farm	80502
Service Electronic Filing Fund shall be administered by the	80503
Department of Agriculture.	80504

Section 13.  AIR AIR QUALITY DEVELOPMENT AUTHORITY

80505

Agency Fund Group

80506

Section 14.  ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	80513
SERVICES	80514

General Revenue Fund

80515

General Services Fund

80520

Federal Special Revenue Fund Group

80523

State Special Revenue Fund Group

80531

TREATMENT SERVICES

80538

Of the foregoing appropriation item 038-401, Treatment	80539
Services, not more than $8,190,000 shall be used by the Department	80540
of Alcohol and Drug Addiction Services for program grants for	80541
priority populations in each year of the biennium.	80542

AM. SUB. H.B. 484 OF THE 122nd GENERAL ASSEMBLY

80543

Of the foregoing appropriation item 038-401, Treatment	80544
Services, $4 million in each fiscal year shall be allocated for	80545
services to families, adults, and adolescents pursuant to the	80546
requirements of Am. Sub. H.B. 484 of the 122nd General Assembly.	80547

TALBERT HOUSE

80548

Of the foregoing appropriation item 038-401, Treatment	80549
Services, $200,000 in each fiscal year shall be allocated to	80550
establish a Talbert House Facility in Butler County. These funds	80551
are in addition to any other funds for which the Talbert House	80552
facility and Butler County are eligible to receive from the	80553
Department of Alcohol and Drug Addiction Services.	80554

SERVICES FOR TANF-ELIGIBLE INDIVIDUALS

80555

Of the foregoing appropriation item 038-401, Treatment	80556
Services, $5 million each year shall be used to fund TANF-eligible	80557
expenditures for substance abuse prevention and treatment services	80558
to children, or their families, whose income is at or below 200	80559
per cent of the official income poverty guideline. The Director of	80560
Alcohol and Drug Addiction Services and the Director of Job and	80561
Family Services shall develop operating and reporting guidelines	80562
for these programs.	80563

THERAPEUTIC COMMUNITIES

80564

Of the foregoing appropriation item 038-401, Treatment	80565
Services, $750,000 shall be used in each fiscal year for expansion	80566
of the Therapeutic Communities Program in the Department of	80567
Rehabilitation and Correction.	80568

PARENT AWARENESS TASK FORCE

80569

The Parent Awareness Task Force shall study ways to engage	80570
more parents in activities, coalitions, and educational programs	80571
in Ohio relating to alcohol and other drug abuse prevention. Of	80572
the foregoing appropriation item 038-404, Prevention Services,	80573
$30,000 in each fiscal year may be used to support the functions	80574
of the Parent Awareness Task Force.	80575

COMMUNITY CAPITAL ASSISTANCE FUNDS

80576

Any proceeds from the repayment of ODADAS community capital	80577
assistance funds from St. Anthony's Villa shall be deposited into	80578
Fund 475, appropriation item 038-621, Statewide Treatment and	80579
Prevention, and such amounts are hereby appropriated for	80580
distribution to other community capital assistance projects in	80581
Lucas County.	80582

Section 15.  AMB AMBULANCE LICENSING BOARD

80583

General Services Fund Group

80584

Section 16.  ARC STATE BOARD OF EXAMINERS OF ARCHITECTS

80590

General Services Fund Group

80591

Section 17.  ART OHIO ARTS COUNCIL

80597

General Revenue Fund

80598

General Services Fund Group

80604

Federal Special Revenue Fund Group

80608

EQUIPMENT

80612

Of the foregoing appropriation item 370-300, Equipment,	80613
$200,000 in fiscal year 2004 shall be used for computer upgrades.	80614

PROGRAM SUBSIDIES

80615

A museum is not eligible to receive funds from appropriation	80616
item 370-502, Program Subsidies, if $8,000,000 or more in capital	80617
appropriations were appropriated by the state for the museum	80618
between January 1, 1986, and December 31, 2002.	80619

PER CENT FOR ART ACQUISITIONS

80620

The unencumbered balance remaining from prior projects of	80621
appropriation item 370-603, Per Cent for Art Acquisitions, shall	80622
be used by the Ohio Arts Council to pay for start-up costs in	80623
connection with the selection of artists of new Per Cent for Art	80624
projects.	80625

Section 18.  AFC OHIO ARTS AND SPORTS FACILITIES COMMISSION

80626

General Revenue Fund

80627

State Special Revenue Fund Group

80631

OHIO BUILDING AUTHORITY LEASE PAYMENTS

80636

The foregoing appropriation item 371-401, Lease Rental	80637
Payments, shall be used by the Arts and Sports Facilities	80638
Commission for payments to the Ohio Building Authority for the	80639
period from July 1, 2003, to June 30, 2005, pursuant to the	80640
primary leases and agreements for those buildings made under	80641
Chapter 152. of the Revised Code, but limited to the aggregate	80642
amount of $73,901,500. This appropriation is the source of funds	80643
pledged for bond service charges on related obligations issued	80644
pursuant to Chapter 152. of the Revised Code.	80645

OPERATING EXPENSES

80646

The foregoing appropriation item 371-603, Project	80647
Administration, shall be used by the Ohio Arts and Sports	80648
Facilities Commission to carry out its responsibilities pursuant	80649
to this section and Chapter 3383. of the Revised Code.	80650

Within ten days after the effective date of this section, or	80651
as soon as possible thereafter, the Director of Budget and	80652
Management shall determine the amount of cash from interest	80653
earnings to be transferred from the Arts Facilities Building Fund	80654
(Fund 030) and the Sports Facilities Building Fund (Fund 024) to	80655
the Arts and Sports Facilities Commission Administration Fund	80656
(Fund 4T8). The total amount transferred in fiscal year 2004 and	80657
fiscal year 2005 may not exceed the total biennial appropriation	80658
of $2,109,716 in appropriation item 371-603, Project	80659
Administration.	80660

By July 10, 2004, or as soon as possible thereafter, the	80661
Director of Budget and Management shall determine the amount of	80662
cash from interest earnings to be transferred from the Arts	80663
Facilities Building Fund (Fund 030) and the Sports Facilities	80664
Building Fund (Fund 024) to the Arts and Sports Commission	80665
Administration Fund (Fund 4T8). The total amount transferred in	80666
fiscal year 2004 and in fiscal year 2005 may not exceed the total	80667
biennial appropriation of $2,109,716 in appropriation item	80668
371-603, Project Administration.	80669

Section 19.  ATH ATHLETIC COMMISSION

80670

General Services Fund Group

80671

TRANSFER OF CASH BALANCE FROM FUND 5R1

80675

On July 1, 2003, or as soon thereafter as possible, the	80676
Director of Budget and Management shall transfer the cash balance	80677
in the Athlete Agents Registration Fund (Fund 5R1) that was	80678
created in former section 4771.22 of the Revised Code to the	80679
Occupational Licensing and Regulatory Fund (Fund 4K9). The	80680
director shall cancel any existing encumbrances against	80681
appropriation item 175-602, Athlete Agents Registration (Fund	80682
5R1), and reestablish them against appropriation item 175-609,	80683
Athletic Commission - Operating (Fund 4K9). The amounts of the	80684
reestablished encumbrances are hereby appropriated.	80685

Section 20. AGO ATTORNEY GENERAL

80686

General Revenue Fund

80687

General Services Fund Group

80694

Federal Special Revenue Fund Group

80709

State Special Revenue Fund Group

80717

Holding Account Redistribution Fund Group

80725

LAW-RELATED EDUCATION

80734

The foregoing appropriation item 055-405, Law-Related	80735
Education, shall be distributed directly to the Ohio Center for	80736
Law-Related Education for the purposes of providing continuing	80737
citizenship education activities to primary and secondary students	80738
and accessing additional public and private money for new	80739
programs.	80740

WORKERS' COMPENSATION SECTION

80741

The Workers' Compensation Section Fund (Fund 195) shall	80742
receive payments from the Bureau of Workers' Compensation and the	80743
Ohio Industrial Commission at the beginning of each quarter of	80744
each fiscal year to fund legal services to be provided to the	80745
Bureau of Workers' Compensation and the Ohio Industrial Commission	80746
during the ensuing quarter. Such advance payment shall be subject	80747
to adjustment.	80748

In addition, the Bureau of Workers' Compensation shall	80749
transfer payments at the beginning of each quarter for the support	80750
of the Workers' Compensation Fraud Unit.	80751

All amounts shall be mutually agreed upon by the Attorney	80752
General, the Bureau of Workers' Compensation, and the Ohio	80753
Industrial Commission.	80754

CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION

80755

The foregoing appropriation item 055-636, Corrupt Activity	80756
Investigation and Prosecution, shall be used as provided by	80757
division (D)(2) of section 2923.35 of the Revised Code to dispose	80758
of the proceeds, fines, and penalties credited to the Corrupt	80759
Activity Investigation and Prosecution Fund, which is created in	80760
division (D)(1)(b) of section 2923.35 of the Revised Code. If it	80761
is determined that additional amounts are necessary, the amounts	80762
are hereby appropriated.	80763

COMMUNITY POLICE MATCH AND LAW ENFORCEMENT ASSISTANCE

80764

In fiscal years 2004 and 2005, the Attorney General's Office	80765
may request the Director of Budget and Management to transfer	80766
appropriation authority from appropriation item 055-321, Operating	80767
Expenses, to appropriation item 055-406, Community Police Match	80768
and Law Enforcement Assistance. The Director of Budget and	80769
Management shall then transfer appropriation authority from	80770
appropriation item 055-321, Operating Expenses, to appropriation	80771
item 055-406, Community Police Match and Law Enforcement	80772
Assistance. Moneys transferred to appropriation item 055-406,	80773
Community Police Match and Law Enforcement Assistance, shall be	80774
used to pay operating expenses and to provide grants to local law	80775
enforcement agencies and communities for the purpose of supporting	80776
law enforcement-related activities.	80777

Section 21.  AUD AUDITOR OF STATE

80778

General Revenue Fund

80779

General Services Fund Group

80785

Holding Account Redistribution Fund Group

80792

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

80797

The foregoing appropriation item 070-403, Fiscal	80798
Watch/Emergency Technical Assistance, shall be used for all	80799
expenses incurred by the Office of the Auditor of State in its	80800
role relating to fiscal watch or fiscal emergency activities under	80801
Chapters 118. and 3316. of the Revised Code. Expenses include, but	80802
are not limited to, the following: duties related to the	80803
determination or termination of fiscal watch or fiscal emergency	80804
of municipal corporations, counties, or townships as outlined in	80805
Chapter 118. of the Revised Code and of school districts as	80806
outlined in Chapter 3316. of the Revised Code; development of	80807
preliminary accounting reports; performance of annual forecasts;	80808
provision of performance audits; and supervisory, accounting, or	80809
auditing services for the mentioned public entities and school	80810
districts. The unencumbered balance of appropriation item 070-403,	80811
Fiscal Watch/Emergency Technical Assistance, at the end of fiscal	80812
year 2004 is transferred to fiscal year 2005 for use under the	80813
same appropriation item.	80814

ELECTRONIC DATA PROCESSING

80815

The unencumbered balance of appropriation item 070-405,	80816
Electronic Data Processing - Auditing and Administration, at the	80817
end of fiscal year 2004 is transferred to fiscal year 2005 for use	80818
under the same appropriation item.	80819

UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND

80820

The foregoing appropriation item 070-406, Uniform Accounting	80821
Network/Technology Improvements Fund, shall be used to pay the	80822
costs of developing and implementing the Uniform Accounting	80823
Network and technology improvements for the Office of the Auditor	80824
of State. The unencumbered balance of the appropriation at the end	80825
of fiscal year 2004 is transferred to fiscal year 2005 to pay the	80826
costs of developing and implementing the Uniform Accounting	80827
Network and technology improvements for the Office of the Auditor	80828
of State.	80829

Section 22.  BRB BOARD OF BARBER EXAMINERS

80830

General Services Fund Group

80831

Section 23.  OBM OFFICE OF BUDGET AND MANAGEMENT

80837

General Revenue Fund

80838

General Services Fund Group

80844

State Special Revenue Fund Group

80847

AUDIT COSTS

80851

Of the foregoing appropriation item 042-603, State	80852
Accounting, not more than $400,000 in fiscal year 2004 and	80853
$415,000 in fiscal year 2005 shall be used to pay for centralized	80854
audit costs associated with either Single Audit Schedules or	80855
financial statements prepared in conformance with generally	80856
accepted accounting principles for the state.	80857

Section 24.  CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

80858

General Revenue Fund

80859

General Services Fund Group

80863

Underground Parking Garage

80868

Section 25.  SCR STATE BOARD OF CAREER COLLEGES AND SCHOOLS

80874

General Services Fund Group

80875

Section 26. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

80880

General Services Fund Group

80881

Notwithstanding any other law to the contrary, upon	80885
certification by the Director of Administrative Services, the	80886
Director of Budget and Management may transfer cash in an amount	80887
not to exceed the fiscal year 2004 appropriation from Fund 5P1	80888
(Credentialing Fund) to Fund 4K9 (Occupational Licensing). The	80889
amount transferred is hereby appropriated. The cash shall be used	80890
to pay expenses related to establishing the Chemical Dependency	80891
Professionals Board, including, but not limited to, travel	80892
reimbursement of board members.	80893

Upon completion of the transition of the Department of	80894
Alcohol and Drug Addiction's certificates and credentials issuance	80895
program to the Chemical Dependency Professionals Board, the	80896
Director of Alcohol and Drug Addiction Services shall certify to	80897
the Director of Budget and Management the remaining cash in Fund	80898
5P1 (Credentialing Fund). The Director of Budget and Management	80899
shall transfer the certified balance from Fund 5P1 to Fund 4K9	80900
(Occupational Licensing). This transition shall be completed in	80901
accordance with Section 5 of Am. Sub. H.B. 496 of the 124th	80902
General Assembly.	80903

Section 27.  CHR STATE CHIROPRACTIC BOARD

80904

General Services Fund Group

80905

Section 28.  CIV OHIO CIVIL RIGHTS COMMISSION

80911

General Revenue Fund

80912

Federal Special Revenue Fund Group

80917

State Special Revenue Fund Group

80921

Section 29.  COM DEPARTMENT OF COMMERCE

80927

General Revenue Fund

80928

General Services Fund Group

80931

Federal Special Revenue Fund Group

80936

State Special Revenue Fund Group

80942

Liquor Control Fund Group

80964

LABOR AND WORKER SAFETY

80972

The Department of Commerce may designate a portion of	80973
appropriation item 800-410, Labor and Worker Safety, to be used to	80974
match federal funding for the OSHA on-site consultation program.	80975

PENALTY ENFORCEMENT

80976

The foregoing appropriation item 800-621, Penalty	80977
Enforcement, shall be used to enforce sections 4115.03 to 4115.16	80978
of the Revised Code.	80979

UNCLAIMED FUNDS PAYMENTS

80980

The foregoing appropriation item 800-625, Unclaimed	80981
Funds-Claims, shall be used to pay claims pursuant to section	80982
169.08 of the Revised Code. If it is determined that additional	80983
amounts are necessary, the amounts are hereby appropriated.	80984

BANKS FUND (FUND 544) TRANSFER TO THE GRF

80985

On July 31, 2003, or as soon as possible thereafter, the	80986
Director of Budget and Management may transfer up to $2,000,000	80987
cash from the Banks Fund (Fund 544) to the General Revenue Fund.	80988

FIRE MARSHAL FUND (FUND 546) TRANSFER TO THE GRF

80989

On July 31, 2003, or as soon as possible thereafter, the	80990
Director of Budget and Management may transfer up to $10,000,000	80991
cash from the Fire Marshal Fund (Fund 546) to the General Revenue	80992
Fund.	80993

REAL ESTATE FUND (FUND 549) TRANSFER TO THE GRF

80994

On July 31, 2003, or as soon as possible thereafter, the	80995
Director of Budget and Management may transfer up to $1,000,000	80996
cash from the Real Estate Fund (Fund 549) to the General Revenue	80997
Fund.	80998

INDUSTRIAL COMPLIANCE FUND (FUND 556) TRANSFER TO THE GRF

80999

On July 31, 2003, or as soon as possible thereafter, the	81000
Director of Budget and Management may transfer up to $1,000,000	81001
cash from the Industrial Compliance Fund (Fund 556), to the	81002
General Revenue Fund.	81003

INCREASED APPROPRIATION AUTHORITY - MERCHANDISING

81004

The foregoing appropriation item 800-601, Merchandising,	81005
shall be used pursuant to section 4301.12 of the Revised Code. If	81006
it is determined that additional amounts are necessary, the	81007
amounts are hereby appropriated.	81008

ECONOMIC DEVELOPMENT DEBT SERVICE

81009

The foregoing appropriation item 800-633, Economic	81010
Development Debt Service, shall be used to meet all payments at	81011
the times they are required to be made during the period from July	81012
1, 2003, to June 30, 2005, for bond service charges on obligations	81013
issued under Chapter 166. of the Revised Code. If it is determined	81014
that additional appropriations are necessary for this purpose,	81015
such amounts are hereby appropriated, subject to the limitations	81016
set forth in section 166.11 of the Revised Code. The General	81017
Assembly acknowledges that an appropriation for this purpose is	81018
not required, but is made in this form and in this act for record	81019
purposes only.	81020

REVITALIZATION DEBT SERVICE

81021

The foregoing appropriation item 800-636, Revitalization Debt	81022
Service, shall be used to pay debt service and related financing	81023
costs under sections 151.01 and 151.40 of the Revised Code during	81024
the period from July 1, 2003, to June 30, 2005. If it is	81025
determined that additional appropriations are necessary for this	81026
purpose, such amounts are hereby appropriated. The General	81027
Assembly acknowledges the priority of the pledge of a portion of	81028
receipts from that source to obligations issued and to be issued	81029
under Chapter 166. of the Revised Code.	81030

ADMINISTRATIVE ASSESSMENTS

81031

Notwithstanding any other provision of law to the contrary,	81032
Fund 163, Division of Administration, shall receive assessments	81033
from all operating funds of the department in accordance with	81034
procedures prescribed by the Director of Commerce and approved by	81035
the Director of Budget and Management.	81036

Section 30. OCC OFFICE OF CONSUMERS' COUNSEL

81037

General Services Fund Group

81038

Section 31.  CEB CONTROLLING BOARD

81043

General Revenue Fund

81044

State Special Revenue Fund Group

81049

FEDERAL SHARE

81054

In transferring appropriations to or from appropriation items	81055
that have federal shares identified in this act, the Controlling	81056
Board shall add or subtract corresponding amounts of federal	81057
matching funds at the percentages indicated by the state and	81058
federal division of the appropriations in this act. Such changes	81059
are hereby appropriated.	81060

DISASTER ASSISTANCE

81061

Pursuant to requests submitted by the Department of Public	81062
Safety, the Controlling Board may approve transfers from the	81063
Emergency Purposes Fund to a Department of Public Safety General	81064
Revenue Fund appropriation item to provide funding for assistance	81065
to political subdivisions made necessary by natural disasters or	81066
emergencies. Such transfers may be requested and approved prior to	81067
the occurrence of any specific natural disasters or emergencies in	81068
order to facilitate the provision of timely assistance.	81069

SOUTHERN OHIO CORRECTIONAL FACILITY COST

81070

The Office of Criminal Justice Services and the Public	81071
Defender Commission may each request, upon approval of the	81072
Director of Budget and Management, additional funds from the	81073
Emergency Purposes Fund for costs related to the disturbance that	81074
occurred on April 11, 1993, at the Southern Ohio Correctional	81075
Facility in Lucasville, Ohio.	81076

DISASTER SERVICES

81077

Pursuant to requests submitted by the Department of Public	81078
Safety, the Controlling Board may approve transfers from the	81079
foregoing appropriation item 911-601, Disaster Services, to a	81080
Department of Public Safety General Revenue Fund appropriation	81081
item to provide for assistance to political subdivisions made	81082
necessary by natural disasters or emergencies. These transfers may	81083
be requested and approved prior to the occurrence of any specific	81084
natural disasters or emergencies in order to facilitate the	81085
provision of timely assistance. The Emergency Management Agency of	81086
the Department of Public Safety shall use the funding for disaster	81087
aid requests that meet the Emergency Management Agency's criteria	81088
for assistance.	81089

The foregoing appropriation item 911-601, Disaster Services,	81090
shall be used by the Controlling Board, pursuant to requests	81091
submitted by state agencies, to transfer cash and appropriation	81092
authority to any fund and appropriation item for the payment of	81093
state agency program expenses as follows:	81094

(A) The southern Ohio flooding, referred to as	81095
FEMA-DR-1164-OH;	81096

(B) The flood/storm disaster referred to as FEMA-DR-1227-OH;

81097

(C) The Southern Ohio flooding, referred to as	81098
FEMA-DR-1321-OH;	81099

(D) The flooding referred to as FEMA-DR-1339-OH;

81100

(E) The tornado/storms referred to as FEMA-DR-1343-OH;

81101

(F) Other disasters declared by the Governor, if the Director	81102
of Budget and Management determines that sufficient funds exist	81103
beyond the expected program costs of these disasters.	81104

The unencumbered balance of appropriation item 911-601,	81105
Disaster Services, at the end of fiscal year 2004 is transferred	81106
to fiscal year 2005 for use under the same appropriation item.	81107

MANDATE ASSISTANCE

81108

(A) The foregoing appropriation item 911-404, Mandate	81109
Assistance, shall be used to provide financial assistance to local	81110
units of government, school districts, and fire departments for	81111
the cost of the following three unfunded state mandates:	81112

(1) The cost to county prosecutors for prosecuting certain	81113
felonies that occur on the grounds of state institutions operated	81114
by the Department of Rehabilitation and Correction and the	81115
Department of Youth Services;	81116

(2) The cost, primarily to small villages and townships, of	81117
providing firefighter training and equipment or gear;	81118

(3) The cost to school districts of in-service training for	81119
child abuse detection.	81120

(B) The Department of Public Safety, the Office of Criminal	81121
Justice Services, and the Department of Education may prepare and	81122
submit to the Controlling Board one or more requests to transfer	81123
appropriations from appropriation item 911-404, Mandate	81124
Assistance. The state agencies charged with this administrative	81125
responsibility are listed below, as well as the estimated annual	81126
amounts that may be used for each program of state financial	81127
assistance.	81128

(C) Subject to the total amount appropriated in each fiscal	81135
year for appropriation item 911-404, Mandate Assistance, the	81136
Department of Public Safety, the Office of Criminal Justice	81137
Services, and the Department of Education may request from the	81138
Controlling Board that amounts smaller or larger than these	81139
estimated annual amounts be transferred to each program.	81140

(D) In addition to making the initial transfers requested by	81141
the Department of Commerce, the Office of Criminal Justice	81142
Services, and the Department of Education, the Controlling Board	81143
may transfer appropriations received by a state agency under this	81144
section back to appropriation item 911-404, Mandate Assistance, or	81145
to one or more of the other programs of state financial assistance	81146
identified under this section.	81147

(E) It is expected that not all costs incurred by local units	81148
of government, school districts, and fire departments under each	81149
of the three programs of state financial assistance identified	81150
under this section will be fully reimbursed by the state.	81151
Reimbursement levels may vary by program and shall be based on:	81152
the relationship between the appropriation transfers requested by	81153
the Department of Public Safety, the Office of Criminal Justice	81154
Services, and the Department of Education and provided by the	81155
Controlling Board for each of the programs; the rules and	81156
procedures established for each program by the administering state	81157
agency; and the actual costs incurred by local units of	81158
government, school districts, and fire departments.	81159

(F) Each of these programs of state financial assistance	81160
shall be carried out as follows:	81161

(1) PROSECUTION COSTS

81162

(a) Appropriations may be transferred to the Office of	81163
Criminal Justice Services to cover local prosecution costs for	81164
aggravated murder, murder, felonies of the first degree, and	81165
felonies of the second degree that occur on the grounds of	81166
institutions operated by the Department of Rehabilitation and	81167
Correction and the Department of Youth Services.	81168

(b) Upon a delinquency filing in juvenile court or the return	81169
of an indictment for aggravated murder, murder, or any felony of	81170
the first or second degree that was committed at a Department of	81171
Youth Services or a Department of Rehabilitation and Correction	81172
institution, the affected county may, in accordance with rules	81173
that the Office of Criminal Justice Services shall adopt, apply to	81174
the Office of Criminal Justice Services for a grant to cover all	81175
documented costs that are incurred by the county prosecutor's	81176
office.	81177

(c) Twice each year, the Office of Criminal Justice Services	81178
shall designate counties to receive grants from those counties	81179
that have submitted one or more applications in compliance with	81180
the rules that have been adopted by the Office of Criminal Justice	81181
Services for the receipt of such grants. In each year's first	81182
round of grant awards, if sufficient appropriations have been	81183
made, up to a total of $100,000 may be awarded. In each year's	81184
second round of grant awards, the remaining appropriations	81185
available for this purpose may be awarded.	81186

(d) If for a given round of grants there are insufficient	81187
appropriations to make grant awards to all the eligible counties,	81188
the first priority shall be given to counties with cases involving	81189
aggravated murder and murder; second priority shall be given to	81190
cases involving a felony of the first degree; and third priority	81191
shall be given to cases involving a felony of the second degree.	81192
Within these priorities, the grant awards shall be based on the	81193
order in which the applications were received, except that	81194
applications for cases involving a felony of the first or second	81195
degree shall not be considered in more than two consecutive rounds	81196
of grant awards.	81197

(2) FIREFIGHTER TRAINING COSTS

81198

Appropriations may be transferred to the Department of Public	81199
Safety for use as full or partial reimbursement to local units of	81200
government and fire departments for the cost of firefighter	81201
training and equipment or gear. In accordance with rules that the	81202
department shall adopt, a local unit of government or fire	81203
department may apply to the department for a grant to cover all	81204
documented costs that are incurred to provide firefighter training	81205
and equipment or gear. The department shall make grants within the	81206
limits of the funding provided, with priority given to fire	81207
departments that serve small villages and townships.	81208

(3) CHILD ABUSE DETECTION TRAINING COSTS

81209

Appropriations may be transferred to the Department of	81210
Education for disbursement to local school districts as full or	81211
partial reimbursement for the cost of providing in-service	81212
training for child abuse detection. In accordance with rules that	81213
the department shall adopt, a local school district may apply to	81214
the department for a grant to cover all documented costs that are	81215
incurred to provide in-service training for child abuse detection.	81216
The department shall make grants within the limits of the funding	81217
provided.	81218

(G) Any moneys allocated within appropriation item 911-404,	81219
Mandate Assistance, not fully utilized may, upon application of	81220
the Ohio Public Defender Commission, and with the approval of the	81221
Controlling Board, be disbursed to boards of county commissioners	81222
to provide additional reimbursement for the costs incurred by	81223
counties in providing defense to indigent defendants pursuant to	81224
Chapter 120. of the Revised Code.	81225

The amount to be disbursed to each county shall be allocated	81226
proportionately on the basis of the total amount of reimbursement	81227
paid to each county as a percentage of the amount of reimbursement	81228
paid to all of the counties during the most recent state fiscal	81229
year for which data is available and as calculated by the Ohio	81230
Public Defender Commission.	81231

BALLOT ADVERTISING COSTS

81232

Pursuant to requests submitted by the Ohio Ballot Board, the	81233
Controlling Board shall approve transfers from the foregoing	81234
appropriation item 911-441, Ballot Advertising Costs, to an Ohio	81235
Ballot Board appropriation item in order to reimburse county	81236
boards of elections for the cost of public notices associated with	81237
statewide ballot initiatives.	81238

Of the foregoing appropriation item 911-441, Ballot	81239
Advertising Costs, the Director of Budget and Management shall	81240
transfer any amounts that are not needed for the purpose of	81241
reimbursing county boards of elections for the cost of public	81242
notices associated with statewide ballot initiatives to	81243
appropriation item 911-404, Mandate Assistance.	81244

Section 32.  COS STATE BOARD OF COSMETOLOGY

81245

General Services Fund Group

81246

Section 33.  CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE AND	81252
FAMILY THERAPIST BOARD	81253

General Services Fund Group

81254

Section 34. CLA COURT OF CLAIMS

81260

General Revenue Fund

81261

State Special Revenue Fund Group

81264

OFFICE SPACE RENTAL EXPENSES

81269

Of the foregoing appropriation item 015-321, Operating	81270
Expenses, in fiscal year 2005, $302,000 shall be for the purpose	81271
of paying fiscal year 2005 office space rental expenses. Upon	81272
approval of the Controlling Board, the Court of Claims may expend	81273
up to $302,000 for the purpose of paying fiscal year 2005 office	81274
space rental expenses.	81275

Section 35. CJS OFFICE OF CRIMINAL JUSTICE SERVICES

81276

General Revenue Fund

81277

General Services Fund Group

81283

Federal Special Revenue Fund Group

81286

INDIGENT DEFENSE

81292

The Office of Criminal Justice Services shall make all	81293
efforts to maximize the amount of funding available for the	81294
defense of indigent persons.	81295

CRIMINAL JUSTICE INFORMATION SYSTEM

81296

The foregoing appropriation item 196-401, Criminal Justice	81297
Information System, shall be used by the Office of Criminal	81298
Justice Services to work on a plan to improve Ohio's criminal	81299
justice information systems. The Director of Criminal Justice	81300
Services shall evaluate the progress of this plan and issue a	81301
report to the Governor, the Speaker and the Minority Leader of the	81302
House of Representatives, the President and the Minority Leader of	81303
the Senate, the Criminal Justice Policy Board, and the Legislative	81304
Service Commission by the first day of January of each year of the	81305
two-year biennium beginning July 1, 2003, and ending June 30,	81306
2005.	81307

VIOLENCE PREVENTION SUBSIDY

81308

Of the foregoing appropriation item 196-405, Violence	81309
Prevention Subsidy, $60,000 in fiscal year 2004 shall be used for	81310
Montgomery County's STVM Safe House Domestic Transitional Housing.	81311

OPERATING EXPENSES

81312

Of the foregoing appropriation item 196-424, Operating	81313
Expenses, up to $650,000 in each fiscal year shall be used for the	81314
purpose of matching federal funds.	81315

JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT

81316

The foregoing appropriation item 196-602, Criminal Justice	81317
Federal Programs, shall be used to fund and close out the Juvenile	81318
Accountability Incentive Block Grant Program for federal fiscal	81319
year 1999.	81320

Section 36.  DEN STATE DENTAL BOARD

81321

General Services Fund Group

81322

Section 37.  BDP BOARD OF DEPOSIT

81328

General Services Fund Group

81329

BOARD OF DEPOSIT EXPENSE FUND

81334

Upon receiving certification of expenses from the Treasurer	81335
of State, the Director of Budget and Management shall transfer	81336
cash from the Investment Earnings Redistribution Fund (Fund 608)	81337
to the Board of Deposit Expense Fund (Fund 4M2). The latter fund	81338
shall be used to pay for banking charges and fees required for the	81339
operation of the State of Ohio Regular Account.	81340

Section 38. DEV DEPARTMENT OF DEVELOPMENT

81341

General Revenue Fund

81342

General Services Fund Group

81371

Federal Special Revenue Fund Group

81377

State Special Revenue Fund Group

81392

Facilities Establishment Fund Group

81409

Clean Ohio Revitalization Fund

81418

Coal Research/Development Fund

81421

Section 38.01. THOMAS EDISON PROGRAM

81426

The foregoing appropriation item 195-401, Thomas Edison	81427
Program, shall be used for the purposes of sections 122.28 to	81428
122.38 of the Revised Code in order to provide funds for	81429
cooperative public and private efforts in technological innovation	81430
to promote the development and transfer of technology by and to	81431
Ohio businesses that will lead to the creation of jobs, and to	81432
provide for the administration of this program by the Technology	81433
Division.	81434

Of the foregoing appropriation item 195-401, Thomas Edison	81435
Program, not more than $2,000,000 in fiscal year 2004 and	81436
$2,300,000 in fiscal year 2005 shall be used for operating	81437
expenditures in administering the programs of the Technology	81438
Division.	81439

Section 38.02.  SMALL BUSINESS DEVELOPMENT

81440

The foregoing appropriation item 195-404, Small Business	81441
Development, shall be used to ensure that the unique needs and	81442
concerns of small businesses are addressed.	81443

The foregoing appropriation item 195-404, Small Business	81444
Development, may be used to provide grants to local organizations	81445
to support the operation of Small Business Development Centers and	81446
other local economic development activity promoting small	81447
business, and for the cost of administering the small business	81448
development center program. The centers shall provide technical,	81449
financial, and management consultation for small business and	81450
shall facilitate access to state and federal programs. These funds	81451
shall be used as matching funds for grants from the United States	81452
Small Business Administration and other federal agencies, pursuant	81453
to Public Law No. 96-302 (1980) as amended by Public Law No.	81454
98-395 (1984), and regulations and policy guidelines for the	81455
programs under this law.	81456

In addition, the Office of Small Business may operate the	81457
1st-Stop Business Connection and implement and coordinate the	81458
duties imposed on the Department of Development by Am. Sub. S.B.	81459
239 of the 115th General Assembly.	81460

MINORITY BUSINESS DEVELOPMENT DIVISION

81461

Of the foregoing appropriation item 195-405, Minority	81462
Business Development Division, up to $1,060,000 but not less than	81463
$954,000 in each fiscal year shall be used to fund minority	81464
contractors and business assistance organizations. The Minority	81465
Business Development Division shall determine which cities need	81466
minority contractors and business assistance organizations by	81467
utilizing United States Census Bureau data and zip codes to locate	81468
the highest concentrations of minority businesses. The Minority	81469
Business Development Division also shall determine the numbers of	81470
minority contractors and business assistance organizations	81471
necessary and the amount of funding to be provided each. In	81472
addition, the Minority Business Development Division shall	81473
continue to plan and implement business conferences.	81474

COAL RESEARCH DEVELOPMENT

81475

The foregoing appropriation item 195-408, Coal Research	81476
Development, shall be used for the administrative costs of the	81477
Coal Development Office within the Technology Division.	81478

Section 38.03. OHIO PREPAREDNESS FOR BRAC-2005

81479

The foregoing appropriation item 195-410, Defense Conversion	81480
Assistance, shall be used for grants to local communities to pay	81481
for the costs associated with the research and preparation of	81482
response plans for military installations in Ohio, including	81483
Wright Patterson Air Force Base, Springfield Air National Guard	81484
Base, and other Ohio military installations in the state for the	81485
U.S. Department of Defense Base Realignment and Closure (BRAC)	81486
2005 Program. The grants shall contain requirements for cost	81487
sharing to evidence the commitment of local communities to this	81488
process. The Director of Development may reserve up to five per	81489
cent of the appropriation for contingency and administration	81490
support.	81491

Section 38.04. BUSINESS DEVELOPMENT

81492

The foregoing appropriation item 195-412, Business	81493
Development Grants, shall be used as an incentive for attracting	81494
and retaining business opportunities for the state. Any such	81495
business opportunity, whether new, expanding, or relocating in	81496
Ohio, is eligible for funding. The project must create or retain a	81497
significant number of jobs for Ohioans. Grant awards may be	81498
considered only when (1) the project's viability hinges on an	81499
award of funds from appropriation item 195-412, Business	81500
Development Grants; (2) all other public or private sources of	81501
financing have been considered; or (3) the funds act as a catalyst	81502
for the infusion into the project of other financing sources.	81503

The department's primary goal shall be to award funds to	81504
political subdivisions of the state for off-site infrastructure	81505
improvements. In order to meet the particular needs of economic	81506
development in a region, the department may elect to award funds	81507
directly to a business for on-site infrastructure improvements.	81508
"Infrastructure improvements" mean improvements to water system	81509
facilities, sewer and sewage treatment facilities, electric or gas	81510
service facilities, fiber optic facilities, rail facilities, site	81511
preparation, and parking facilities. The Director of Development	81512
may recommend the funds be used in an alternative manner when	81513
deemed appropriate to meet an extraordinary economic development	81514
opportunity or need.	81515

The foregoing appropriation item 195-412, Business	81516
Development Grants, may be expended only after the submission of a	81517
request to the Controlling Board by the Department of Development	81518
outlining the planned use of the funds, and the subsequent	81519
approval of the request by the Controlling Board.	81520

The foregoing appropriation item 195-412, Business	81521
Development Grants, may be used for, but is not limited to,	81522
construction, rehabilitation, and acquisition projects for rail	81523
freight assistance as requested by the Department of	81524
Transportation. The Director of Transportation shall submit the	81525
proposed projects to the Director of Development for an evaluation	81526
of potential economic benefit.	81527

Section 38.05.  FIRST FRONTIER MATCH

81528

The foregoing appropriation item 195-414, First Frontier	81529
Match, shall be used as matching funds to targeted counties for	81530
the purpose of marketing state, regional, and local	81531
characteristics that may attract economic development. "Targeted	81532
counties" mean counties that have a population of less than	81533
175,000 residents. The appropriation may be used either for	81534
marketing programs by individual targeted counties or for regional	81535
marketing campaigns that are marketing programs in which at least	81536
one targeted county is participating with one or more other	81537
targeted counties or larger counties.	81538

ECONOMIC DEVELOPMENT DIVISION AND REGIONAL OFFICES

81539

The foregoing appropriation item 195-415, Economic	81540
Development Division and Regional Offices, shall be used for the	81541
operating expenses of the Economic Development Division and the	81542
regional economic development offices and for grants for	81543
cooperative economic development ventures.	81544

Of the foregoing appropriation item 195-415, Economic	81545
Development Division and Regional Offices, up to $500,000 in	81546
fiscal year 2004 shall be used to support the Ohio Broadband	81547
Initiative.	81548

Section 38.06.  GOVERNOR'S OFFICE OF APPALACHIA

81549

The foregoing appropriation item 195-416, Governor's Office	81550
of Appalachia, shall be used for the administrative costs of	81551
planning and liaison activities for the Governor's Office of	81552
Appalachia. Funds not expended for planning and liaison activities	81553
may be expended for special project grants within the Appalachian	81554
Region.	81555

Of the foregoing appropriation item 195-416, Governor's	81556
Office of Appalachia, up to $250,000 each fiscal year shall be	81557
used to match federal funds from the Appalachian Regional	81558
Commission to provide job training to impact the Appalachian	81559
Region.	81560

Of the foregoing appropriation item 195-416, Governor's	81561
Office of Appalachia, up to $4,372,324 in each fiscal year shall	81562
be used in conjunction with other federal and state funds to	81563
provide financial assistance to projects in Ohio's Appalachian	81564
counties in order to further the goals of the Appalachian Regional	81565
Commission. Such projects and project sponsors shall meet	81566
Appalachian Regional Commission eligibility requirements. Grants	81567
shall be administered by the Department of Development.	81568

URBAN/RURAL INITIATIVE

81569

The foregoing appropriation item 195-417, Urban/Rural	81570
Initiative, shall be used to make grants in accordance with	81571
sections 122.19 to 122.22 of the Ohio Revised Code.	81572

Section 38.07. THIRD FRONTIER ACTION FUND

81573

The foregoing appropriation item 195-422, Third Frontier	81574
Action Fund, shall be used to make grants in accordance with	81575
sections 184.01 and 184.02 of the Revised Code. Prior to the	81576
release of funds from appropriation item 195-422, Third Frontier	81577
Action Fund, each grant award shall be recommended for funding by	81578
the Third Frontier Commission and obtain approval from the	81579
Controlling Board.	81580

Of the foregoing appropriation item 195-422, Third Frontier	81581
Action Fund, not more than six per cent in each fiscal year shall	81582
be used for operating expenditures in administering the program.	81583

In addition to the six per cent for operating expenditures,	81584
an additional administrative amount, not to exceed $1,500,000	81585
within the biennium, shall be available for proposal evaluation,	81586
research and analyses, and marketing efforts deemed necessary to	81587
receive and disseminate information about science and	81588
technology-related opportunities in the state.	81589

SCIENCE AND TECHNOLOGY COLLABORATION

81590

The Department of Development shall work in close	81591
collaboration with the Board of Regents and the Third Frontier	81592
Commission in relation to appropriation items and programs listed	81593
in the following paragraph, and other technology-related	81594
appropriations and programs in the Department of Development and	81595
the Board of Regents as those agencies may designate, to ensure	81596
implementation of a coherent state strategy with respect to	81597
science and technology.	81598

Each of the following appropriations and programs: 195-401,	81599
Thomas Edison Program; 195-408, Coal Research Development;	81600
195-422, Third Frontier Action Fund; 195-632, Coal Research and	81601
Development Fund; 235-454, Research Challenge; 235-510, Ohio	81602
Supercomputer Center; 235-527, Ohio Aerospace Institute; 235-535,	81603
Agricultural Research and Development Center; 235-553, Dayton Area	81604
Graduate Studies Institute; 235-554, Computer Science Graduate	81605
Education; 235-556, Ohio Academic Resources Network; and 195-435,	81606
Biomedical Research and Technology Transfer Trust, shall be	81607
reviewed annually by the Third Frontier Commission with respect to	81608
its development of complementary relationships within a combined	81609
state science and technology investment portfolio and its overall	81610
contribution to the state's science and technology strategy,	81611
including the adoption of appropriately consistent criteria for:	81612
(1) the scientific merit of activities supported by the program;	81613
(2) the relevance of the program's activities to commercial	81614
opportunities in the private sector; (3) the private sector's	81615
involvement in a process that continually evaluates commercial	81616
opportunities to use the work supported by the program; and (4)	81617
the ability of the program and recipients of grant funding from	81618
the program to engage in activities that are collaborative,	81619
complementary, and efficient with respect to the expenditure of	81620
state funds.	81621

All programs listed in the preceding paragraph shall provide	81622
annual reports to the Third Frontier Commission discussing	81623
existing, planned, or possible collaborations between programs and	81624
recipients of grant funding related to technology, development,	81625
commercialization, and supporting Ohio's economic development. The	81626
annual review by the Third Frontier Commission shall be a	81627
comprehensive review of the entire state science and technology	81628
program portfolio rather than a review of individual programs.	81629

Section 38.08.  INTERNATIONAL TRADE

81630

The foregoing appropriation item 195-432, International	81631
Trade, shall be used to operate and to maintain Ohio's	81632
out-of-state trade offices.	81633

The Director of Development may enter into contracts with	81634
foreign nationals to staff foreign offices. Such contracts may be	81635
paid in local currency or United States currency and shall be	81636
exempt from the provisions of section 127.16 of the Revised Code.	81637
The director also may establish foreign currency accounts in	81638
accordance with section 122.05 of the Revised Code for the payment	81639
of expenses related to the operation and maintenance of the	81640
foreign trade offices.	81641

The foregoing appropriation item 195-432, International	81642
Trade, shall be used to fund the International Trade Division and	81643
to assist Ohio manufacturers and agricultural producers in	81644
exporting to foreign countries in conjunction with the Department	81645
of Agriculture.	81646

Of the foregoing appropriation item 195-432, International	81647
Trade, up to $35,000 may be used to purchase gifts for	81648
representatives of foreign governments or dignitaries of foreign	81649
countries.	81650

Section 38.09.  OHIO INVESTMENT IN TRAINING PROGRAM

81651

The foregoing appropriation item 195-434, Investment in	81652
Training Grants, shall be used to promote training through grants	81653
for the reimbursement of eligible training expenses.	81654

Section 38.10. CDBG OPERATING MATCH

81655

The foregoing appropriation item 195-497, CDBG Operating	81656
Match, shall be used to provide matching funds as requested by the	81657
United States Department of Housing and Urban Development to	81658
administer the federally funded Community Development Block Grant	81659
(CDBG) program.	81660

STATE OPERATING MATCH

81661

The foregoing appropriation item 195-498, State Energy Match,	81662
shall be used to provide matching funds as required by the United	81663
States Department of Energy to administer the federally funded	81664
State Energy Plan.	81665

Section 38.11.  TRAVEL AND TOURISM GRANTS

81666

The foregoing appropriation item 195-507, Travel and Tourism	81667
Grants, shall be used to provide grants to local organizations to	81668
support various local travel and tourism events in Ohio.	81669

Of the foregoing appropriation item 195-507, Travel and	81670
Tourism Grants, up to $160,000 in each fiscal year of the biennium	81671
may be used to support the outdoor dramas Trumpet in the Land,	81672
Blue Jacket, Tecumseh, and the Becky Thatcher Showboat Drama;	81673
$40,000 in each fiscal year shall be used for the Cincinnati Film	81674
Commission; $40,000 in each fiscal year shall be used for the	81675
Cleveland Film Commission; $600,000 in each fiscal year shall be	81676
used for grants to the International Center for the Preservation	81677
of Wild Animals; $120,000 in each fiscal year shall be used for	81678
the Ottawa County Visitors Bureau, the Sandusky/Erie County	81679
Visitors and Convention Bureau, and the Lorain County Visitors	81680
Bureau for collaborative efforts to promote tourism; $25,000 in	81681
each fiscal year shall be used for the Ohio River Trails Program;	81682
$40,000 in fiscal year 2004 shall be used for the United States	81683
Senior Open in Toledo; $20,000 in fiscal year 2005 for the	81684
Professional Football Hall of Fame; and $20,000 in fiscal year	81685
2005 for the Cuyahoga Valley Scenic Railroad.	81686

Section 38.11a. SHOVEL READY SITES

81687

The foregoing appropriation item 195-516, Shovel Ready Sites,	81688
shall be used for the Shovel Ready Sites Program.	81689

The Director of Development shall contract for pilot projects	81690
with three port authorities, two of which shall be from urban	81691
counties with populations of at least 200,000 but not more than	81692
600,000 residents, and one of which shall be from a rural county.	81693
The appropriation shall be used to leverage federal funds, local	81694
funds, or both, to provide grants for the preparation of sites for	81695
immediate construction for infrastructure in the state.	81696

Section 38.12. THIRD FRONTIER RESEARCH & COMMERCIALIZATION	81697
GENERAL OBLIGATION DEBT SERVICE	81698

The foregoing appropriation item 195-905, Third Frontier	81699
Research & Commercialization General Obligation Debt Service,	81700
shall be used to pay all debt service and related financing costs	81701
during the period from July 1, 2003, to June 30, 2005, on	81702
obligations to be issued for research and development purposes	81703
under Section 2p of Article VIII, Ohio Constitution, and	81704
implementing legislation. The Office of the Sinking Fund or the	81705
Director of Budget and Management shall effectuate the required	81706
payments by an intrastate transfer voucher.	81707

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

81708

The foregoing appropriation item 195-906, Coal	81709
Research/Development General Obligation Debt Service, shall be	81710
used to pay all debt service and related financing costs at the	81711
times they are required to be made under sections 151.01 and	81712
151.07 of the Revised Code during the period from July 1, 2003, to	81713
June 30, 2005. The Commissioners of the Sinking Fund or the	81714
Director of Budget and Management shall effectuate the required	81715
payments by an intrastate transfer voucher.	81716

Section 38.13. SUPPORTIVE SERVICES

81717

The Director of Development may assess divisions of the	81718
department for the cost of central service operations. Such an	81719
assessment shall be based on a plan submitted to and approved by	81720
the Office of Budget and Management by the first day of August of	81721
each fiscal year, and contain the characteristics of	81722
administrative ease and uniform application.	81723

A division's payments shall be credited to the Supportive	81724
Services Fund (Fund 135) using an intrastate transfer voucher.	81725

GENERAL REIMBURSEMENT

81726

The foregoing appropriation item 195-636, General	81727
Reimbursements, shall be used for conference and subscription fees	81728
and other reimbursable costs. Revenues to the General	81729
Reimbursement Fund (Fund 685) shall consist of fees and other	81730
moneys charged for conferences, subscriptions, and other	81731
administrative costs that are not central service costs.	81732

Section 38.13a.  TRAINING SERVICES

81733

Of the foregoing appropriation item 195-605, Federal	81734
Projects, $400,000 in each fiscal year shall be used for grants to	81735
the Ohio Weatherization Training Center, administered by the	81736
Corporation for Ohio Appalachian Development, for training and	81737
technical assistance services.	81738

Section 38.14. HEAP WEATHERIZATION

81739

Fifteen per cent of the federal funds received by the state	81740
for the Home Energy Assistance Block Grant shall be deposited in	81741
appropriation item 195-614, HEAP Weatherization (Fund 3K9), and	81742
shall be used to provide home weatherization services in the	81743
state.	81744

Of the foregoing appropriation item 195-614, HEAP	81745
Weatherization, $200,000 in each fiscal year shall be used for	81746
grants to the Ohio Weatherization Training Center, administered by	81747
the Corporation for Ohio Appalachian Development, for training and	81748
technical assistance services.	81749

STATE SPECIAL PROJECTS

81750

The foregoing appropriation item 195-639, State Special	81751
Projects, shall be used as a general account for the deposit of	81752
private-sector funds from utility companies and other	81753
miscellaneous state funds. Private-sector moneys shall be used to	81754
(1) pay the expenses of verifying the income-eligibility of HEAP	81755
applicants, (2) market economic development opportunities in the	81756
state, and (3) leverage additional federal funds. State funds	81757
shall be used to match federal housing grants for the homeless.	81758

Section 38.15.  MINORITY BUSINESS ENTERPRISE LOAN

81759

All repayments from the Minority Development Financing	81760
Advisory Board loan program and the Ohio Mini-Loan Guarantee	81761
Program shall be deposited in the State Treasury to the credit of	81762
the Minority Business Enterprise Loan Fund (Fund 4W1).	81763

All operating costs of administering the Minority Business	81764
Enterprise Loan Fund shall be paid from the Minority Business	81765
Enterprise Loan Fund (Fund 4WI).	81766

MINORITY BUSINESS BONDING FUND

81767

Notwithstanding Chapters 122., 169., and 175. of the Revised	81768
Code and other provisions of Am. Sub. H.B. 283 of the 123rd	81769
General Assembly, the Director of Development may, upon the	81770
recommendation of the Minority Development Financing Advisory	81771
Board, pledge up to $10,000,000 in the 2003-2005 biennium of	81772
unclaimed funds administered by the Director of Commerce and	81773
allocated to the Minority Business Bonding Program pursuant to	81774
section 169.05 of the Revised Code. The transfer of any cash by	81775
the Director of Budget and Management from the Department of	81776
Commerce's Unclaimed Funds Fund (Fund 543) to the Department of	81777
Development's Minority Business Bonding Fund (Fund 449) shall	81778
occur, if requested by the Director of Development, only if such	81779
funds are needed for payment of losses arising from the Minority	81780
Business Bonding Program, and only after proceeds of the initial	81781
transfer of $2,700,000 by the Controlling Board to the Minority	81782
Business Bonding Program has been used for that purpose. Moneys	81783
transferred by the Director of Budget and Management from the	81784
Department of Commerce for this purpose may be moneys in custodial	81785
funds held by the Treasurer of State. If expenditures are required	81786
for payment of losses arising from the Minority Business Bonding	81787
Program, such expenditures shall be made from appropriation item	81788
195-623, Minority Business Bonding Contingency in the Minority	81789
Business Bonding Fund, and such amounts are appropriated.	81790

MINORITY BUSINESS BONDING PROGRAM ADMINISTRATION

81791

Investment earnings of the Minority Business Bonding Fund	81792
(Fund 449) shall be credited to the Minority Business Bonding	81793
Program Administration Fund (Fund 450).	81794

Section 38.16. ECONOMIC DEVELOPMENT FINANCING OPERATING

81795

The foregoing appropriation item 195-625, Economic	81796
Development Financing Operating, shall be used for the operating	81797
expenses of financial assistance programs authorized under Chapter	81798
166. of the Revised Code and under sections 122.43 and 122.45 of	81799
the Revised Code.	81800

VOLUME CAP ADMINISTRATION

81801

The foregoing appropriation item 195-654, Volume Cap	81802
Administration, shall be used for expenses related to the	81803
administration of the Volume Cap Program. Revenues received by the	81804
Volume Cap Administration Fund (Fund 617) shall consist of	81805
application fees, forfeited deposits, and interest earned from the	81806
custodial account held by the Treasurer of State.	81807

UNIVERSAL SERVICE FUND

81808

The foregoing appropriation item 195-659, Universal Service,	81809
shall be used to provide payments to regulated electric utility	81810
companies for low-income customers enrolled in Percentage of	81811
Income Payment Plan (PIPP) electric accounts, to fund targeted	81812
energy efficiency and customer education services to PIPP	81813
customers, and to cover the department's administrative costs	81814
related to the Universal Service Fund Programs.	81815

ENERGY EFFICIENCY REVOLVING LOAN FUND

81816

The foregoing appropriation item 195-660, Energy Efficiency	81817
Revolving Loan, shall be used to provide financial assistance to	81818
customers for eligible energy efficiency projects for residential,	81819
commercial and industrial business, local government, educational	81820
institution, nonprofit, and agriculture customers, and to pay for	81821
the program's administrative costs as provided in the Revised Code	81822
and rules adopted by the Director of Development.	81823

Section 38.17.  FACILITIES ESTABLISHMENT FUND

81824

The foregoing appropriation item 195-615, Facilities	81825
Establishment (Fund 037), shall be used for the purposes of the	81826
Facilities Establishment Fund under Chapter 166. of the Revised	81827
Code.	81828

Notwithstanding Chapter 166. of the Revised Code, up to	81829
$1,800,000 in cash per fiscal year may be transferred from the	81830
Facilities Establishment Fund (Fund 037) to the Economic	81831
Development Financing Operating Fund (Fund 451). The transfer is	81832
subject to Controlling Board approval pursuant to division (B) of	81833
section 166.03 of the Revised Code.	81834

Notwithstanding Chapter 166. of the Revised Code, up to	81835
$20,475,000 in cash may be transferred during the biennium from	81836
the Facilities Establishment Fund (Fund 037) to the Urban	81837
Redevelopment Loans Fund (Fund 5D2) for the purpose of removing	81838
barriers to urban core redevelopment. The Director of Development	81839
shall develop program guidelines for the transfer and release of	81840
funds, including, but not limited to, the completion of all	81841
appropriate environmental assessments before state assistance is	81842
committed to a project.	81843

Notwithstanding Chapter 166. of the Revised Code, up to	81844
$5,000,000 per fiscal year in cash may be transferred from the	81845
Facilities Establishment Fund (Fund 037) to the Rural Industrial	81846
Park Loan Fund (Fund 4Z6). The transfer is subject to Controlling	81847
Board approval pursuant to section 166.03 of the Revised Code.	81848

FAMILY FARM LOAN PROGRAM

81849

Notwithstanding Chapter 166. of the Revised Code, up to	81850
$1,500,000 in each fiscal year shall be transferred from moneys in	81851
the Facilities Establishment Fund (Fund 037) to the Family Farm	81852
Loan Guarantee Fund (Fund 5H1) in the Department of Development.	81853
These moneys shall be used for loan guarantees. The transfer is	81854
subject to Controlling Board approval.	81855

Financial assistance from the Family Farm Loan Guarantee Fund	81856
(Fund 5H1) shall be repaid to Fund 5H1. This fund is established	81857
in accordance with sections 166.031, 901.80, 901.81, 901.82, and	81858
901.83 of the Revised Code.	81859

When the Family Farm Loan Guarantee Fund (Fund 5H1) ceases to	81860
exist, all outstanding balances, all loan repayments, and any	81861
other outstanding obligations shall revert to the Facilities	81862
Establishment Fund (Fund 037).	81863

RURAL DEVELOPMENT INITIATIVE FUND

81864

(A)(1) The Rural Development Initiative Fund (Fund 5S8) shall	81865
receive moneys from the Facilities Establishment Fund (Fund 037).	81866
The Director of Development may make grants from the Rural	81867
Development Initiative Fund as specified in division (A)(2) of	81868
this section to eligible applicants in Appalachian counties and in	81869
rural counties in the state that are designated as distressed	81870
pursuant to section 122.25 of the Revised Code. Preference shall	81871
be given to eligible applicants located in Appalachian counties	81872
designated as distressed by the federal Appalachian Regional	81873
Commission. The Rural Development Initiative Fund (Fund 5S8) shall	81874
cease to exist after June 30, 2007. All moneys remaining in the	81875
Fund after that date shall revert to the Facilities Establishment	81876
Fund (Fund 037).	81877

(2) The Director of Development shall make grants from the	81878
Rural Development Initiative Fund (Fund 5S8) only to eligible	81879
applicants who also qualify for and receive funding under the	81880
Rural Industrial Park Loan Program as specified in sections 122.23	81881
to 122.27 of the Revised Code. Eligible applicants shall use the	81882
grants for the purposes specified in section 122.24 of the Revised	81883
Code. All projects supported by grants from the fund are subject	81884
to Chapter 4115. of the Revised Code as specified in division (E)	81885
of section 166.02 of the Revised Code. The Director shall develop	81886
program guidelines for the transfer and release of funds. The	81887
release of grant moneys to an eligible applicant is subject to	81888
Controlling Board approval.	81889

(B) Notwithstanding Chapter 166. of the Revised Code, the	81890
Director of Budget and Management may transfer up to $5,000,000	81891
per fiscal year in cash on an as needed basis at the request of	81892
the Director of Development from the Facilities Establishment Fund	81893
(Fund 037) to the Rural Development Initiative Fund (Fund 5S8).	81894
The transfer is subject to Controlling Board approval pursuant to	81895
section 166.03 of the Revised Code.	81896

CAPITAL ACCESS LOAN PROGRAM

81897

The foregoing appropriation item 195-628, Capital Access Loan	81898
Program, shall be used for operating, program, and administrative	81899
expenses of the program. Funds of the Capital Access Loan Program	81900
shall be used to assist participating financial institutions in	81901
making program loans to eligible businesses that face barriers in	81902
accessing working capital and obtaining fixed asset financing.	81903

Notwithstanding Chapter 166. of the Revised Code, the	81904
Director of Budget and Management may transfer up to $3,000,000	81905
per fiscal year in cash on an as needed basis at the request of	81906
the Director of Development from the Facilities Establishment Fund	81907
(Fund 037) to the Capital Access Loan Program Fund (Fund 5S9). The	81908
transfer is subject to Controlling Board approval pursuant to	81909
section 166.03 of the Revised Code.	81910

Section 38.18. CLEAN OHIO OPERATING EXPENSES

81911

The foregoing appropriation item 195-663, Clean Ohio	81912
Operating, shall be used by the Department of Development in	81913
administering sections 122.65 to 122.658 of the Revised Code.	81914

Section 39.  OBD OHIO BOARD OF DIETETICS

81915

General Services Fund Group

81916

Section 40.  EDU DEPARTMENT OF EDUCATION

81922

General Revenue Fund

81923

General Services Fund Group

81973

Federal Special Revenue Fund Group

81983

State Special Revenue Fund Group

82012

Lottery Profits Education Fund Group

82024

Revenue Distribution Fund Group

82029

Section 40.01. MAINTENANCE AND EQUIPMENT

82035

Of the foregoing appropriation item 200-320, Maintenance and	82036
Equipment, up to $25,000 may be expended in each fiscal year for	82037
State Board of Education out-of-state travel.	82038

Section 40.02. PUBLIC PRESCHOOL

82039

The Department of Education shall distribute the foregoing	82040
appropriation item 200-408, Public Preschool, to pay the costs of	82041
comprehensive preschool programs. As used in this section, "school	82042
district" means a city, local, exempted village, or joint	82043
vocational school district, or an educational service center.	82044

(A) In each fiscal year, up to two per cent of the total	82045
appropriation may be used by the department for program support	82046
and technical assistance; developing program capacity; and	82047
assisting programs with facilities planning, construction,	82048
renovation, or lease agreements in conjunction with the Community	82049
Development Finance Fund (CDFF). The Department shall distribute	82050
the remainder of the appropriation in each fiscal year to serve	82051
children from families earning not more than 185 per cent of the	82052
federal poverty guidelines.	82053

(B) The department shall provide an annual report to the	82054
Governor, the Speaker of the House of Representatives, the	82055
President of the Senate, the State Board of Education, Head Start	82056
agencies, and other interested parties regarding the Public	82057
Preschool Program and performance indicators, as outlined by the	82058
Department.	82059

(C) For purposes of this section, "eligible child" means a	82060
child who is at least three years of age, is not of the age to be	82061
eligible for kindergarten, and whose family earns not more than	82062
185 per cent of the federal poverty guidelines.	82063

(D) After setting aside the amounts to make payments due from	82064
the previous fiscal year, in fiscal year 2004 and fiscal year	82065
2005, the Department shall distribute funds first to recipients of	82066
funds under the program in the previous fiscal year and the	82067
balance to new recipients. Awards under this section shall be	82068
distributed on a per-pupil basis, which the Department may adjust	82069
so that the per-pupil amount multiplied by the number of eligible	82070
children enrolled and receiving services, as defined by the	82071
Department, reported on the first day of December or the first	82072
business day following that date equals the amount allocated under	82073
division (A) of this section. The Department may increase the	82074
per-pupil amount by a reasonable percentage for inflation, to be	82075
determined by the Department.	82076

The Department may reallocate unobligated or unspent money to	82077
participating school districts for purposes of program expansion,	82078
improvement, or special projects to promote quality and	82079
innovation.	82080

(E) Costs for developing and administering a preschool	82081
program may not exceed fifteen per cent of the total approved	82082
costs of the program.	82083

All recipients of funds shall maintain such fiscal control	82084
and accounting procedures as may be necessary to ensure the	82085
disbursement of, and accounting for, these funds. The control of	82086
funds provided in this program, and title to property obtained	82087
therefrom, shall be under the authority of the approved recipient	82088
for purposes provided in the program unless, as described in	82089
division (J) of this section, a preschool program waives its right	82090
for funding or a program's funding is eliminated or reduced due to	82091
its inability to meet financial or program performance standards.	82092
The approved recipient shall administer and use such property and	82093
funds for the purposes specified.	82094

(F) The Department shall prescribe target levels for critical	82095
performance indicators for the purpose of assessing public	82096
preschool programs. On-site reviews and follow-up visits shall be	82097
based on progress in meeting the prescribed target levels.	82098

(G) The Department may examine a recipient's financial and	82099
program records. If the financial practices of the program are not	82100
in accordance with standard accounting principles or do not meet	82101
financial standards outlined under division (E) of this section,	82102
or if the program fails to substantially meet the Head Start	82103
performance standards or exhibits below average performance as	82104
measured against the performance indicators outlined in division	82105
(F) of this section, the preschool program shall propose and	82106
implement a corrective action plan that has been approved by the	82107
Department. The approved corrective action plan shall be signed by	82108
the school district board of education and the appropriate grantee	82109
official. The corrective action plan shall include a schedule for	82110
monitoring by the Department. Such monitoring may include monthly	82111
reports, inspections, a timeline for correction of deficiencies,	82112
and technical assistance to be provided by the Department or	82113
obtained by the public preschool program. The Department may	82114
withhold funding pending corrective action. If a public preschool	82115
program fails to satisfactorily complete a corrective action plan,	82116
the Department may either deny expansion funding to the program or	82117
withdraw all or part of the public preschool funding from the	82118
agency and establish a new state-funded agency through a	82119
competitive bidding process established by the Department.	82120

(H) The department shall require public preschool programs to	82121
document child progress, using research-based indicators as	82122
prescribed by the department, and report results annually. The	82123
department shall determine the dates for documenting and	82124
reporting.	82125

(I) Each school district shall develop a sliding fee scale	82126
based on family incomes in the district and shall charge families	82127
who earn more than the federal poverty guidelines for preschool.	82128

(J) If a public preschool program voluntarily waives its	82129
right for funding, or has its funding eliminated for not meeting	82130
financial standards or program performance standards, the grantee	82131
and delegate shall transfer control of title to property,	82132
equipment, and remaining supplies obtained through the program to	82133
designated grantees and return any unexpended funds to the	82134
Department along with any reports prescribed by the Department.	82135
The funding made available from a program that waives its right	82136
for funding or has its funding eliminated or reduced may be used	82137
by the Department for new grant awards or expansion grants. The	82138
Department may award new grants or expansion grants to eligible	82139
providers who apply. The eligible providers who apply must do so	82140
in accordance with the competitive bidding process established by	82141
the Department.	82142

Section 40.03. PROFESSIONAL DEVELOPMENT

82143

Of the foregoing appropriation item 200-410, Professional	82144
Development, $5,200,000 in fiscal year 2004 shall be used by the	82145
Department of Education to support a statewide comprehensive	82146
system of regional professional development centers that support	82147
local educators' ability to foster academic achievement in the	82148
students they serve. Of the foregoing appropriation item 200-410,	82149
Professional Development, $5,200,000 in fiscal year 2005 shall be	82150
used by the regional education delivery system. Before releasing	82151
these funds in fiscal year 2005, the Department of Education shall	82152
submit a spending plan to the Controlling Board. The release of	82153
the funds is contingent on Controlling Board approval of the	82154
spending plan. Both the regional professional development centers	82155
in fiscal year 2004 and the regional education delivery system in	82156
fiscal year 2005 shall include training that assists educators,	82157
school leadership, and technical assistance providers in	82158
understanding and implementing standards-based education, data	82159
analysis, and development of assessment systems for quality	82160
instruction.	82161

Of the foregoing appropriation item 200-410, Professional	82162
Development, $7,079,625 in fiscal year 2004 and $8,004,625 in	82163
fiscal year 2005 shall be used by the Department of Education to	82164
provide grants to pay $2,000 of the application fee in order to	82165
assist teachers from public and chartered nonpublic schools	82166
applying for the first time to the National Board for Professional	82167
Teaching Standards for professional teaching certificates or	82168
licenses that the board offers. This set aside shall also be used	82169
to recognize and reward teachers who become certified by the	82170
National Board for Professional Teaching Standards pursuant to	82171
section 3319.55 of the Revised Code. Up to $300,000 in each fiscal	82172
year of this set aside may be used by the Department to pay for	82173
costs associated with activities to support candidates through the	82174
application and certification process.	82175

These moneys shall be used to pay up to the first 500	82176
applications in fiscal year 2004 and the first 400 applications in	82177
fiscal year 2005 received by the Department. Each prospective	82178
applicant for certification or licensure shall submit an	82179
application to the Department of Education. When the Department	82180
has collected a group of applications, but not later than 30 days	82181
after receipt of the first application in a group, it shall send	82182
the applications to the National Board for Professional Teaching	82183
Standards along with a check to cover the remaining cost of the	82184
application fee for all applicants in that group.	82185

Of the foregoing appropriation item 200-410, Professional	82186
Development, up to $13,442,358 in each fiscal year shall be	82187
allocated for entry year programs. These funds shall be used to	82188
support mentoring services and performance assessments of	82189
beginning teachers in school districts and chartered nonpublic	82190
schools.	82191

Of the foregoing appropriation item 200-410, Professional	82192
Development, up to $188,090 in each fiscal year shall be used to	82193
provide technical assistance and grants for districts to develop	82194
local knowledge/skills-based compensation systems. Each district	82195
receiving grants shall issue an annual report to the Department of	82196
Education detailing the use of the funds and the impact of the	82197
system developed by the district.	82198

Of the foregoing appropriation item 200-410, Professional	82199
Development, up to $670,000 in each fiscal year shall be used for	82200
training and professional development of school administrators,	82201
school treasurers, and school business officials.	82202

Of the foregoing appropriation item 200-410, Professional	82203
Development, $144,000 in each fiscal year shall be used by the	82204
Department of Education to develop a supply and demand report that	82205
describes the availability of quality educators and critical	82206
educator shortage areas in Ohio.	82207

Of the foregoing appropriation item 200-410, Professional	82208
Development, $1,056,000 in each fiscal year shall be used for	82209
educator recruitment programs targeting special need areas,	82210
including recruiting highly qualified minority candidates into	82211
teaching, recruiting prospective mathematics and science teachers,	82212
and targeting other areas of special need.	82213

Of the foregoing appropriation item 200-410, Professional	82214
Development, $60,000 in fiscal year 2004 and $70,000 in fiscal	82215
year 2005 shall be used to support the Ohio University Leadership	82216
Program.	82217

Of the foregoing appropriation item 200-410, Professional	82218
Development, $4,650,000 in each fiscal year shall be allocated by	82219
the Department of Education on a per pupil basis, to school	82220
districts in academic emergency. These funds shall be used by the	82221
districts to provide an equivalent of five days of ongoing	82222
embedded professional development for classroom teachers who	82223
provide instruction in the subject areas of reading, writing,	82224
mathematics, science, or social studies to students enrolled in	82225
the ninth or tenth grade. This professional development shall	82226
focus on developing subject competency, developing cultural	82227
competency, developing skills for analyzing test data, and	82228
developing data-based intervention strategies to prepare students	82229
below grade level to pass the Ohio Graduation Test. Districts	82230
shall submit a research-based, professional development plan for	82231
five days of embedded professional development to the Department	82232
of Education prior to receiving funds. The plan shall detail how	82233
ninth and tenth grade teachers will learn and implement classroom	82234
strategies for students to reach state standards in mathematics,	82235
reading, writing, social studies, and science.	82236

CAREER-TECHNICAL EDUCATION MATCH

82237

The foregoing appropriation item 200-416, Career-Technical	82238
Education Match, shall be used by the Department of Education to	82239
provide vocational administration matching funds pursuant to 20	82240
U.S.C. 2311.	82241

Section 40.04. TECHNICAL SYSTEMS DEVELOPMENT

82242

The foregoing appropriation item 200-420, Technical Systems	82243
Development, shall be used to support the development and	82244
implementation of information technology solutions designed to	82245
improve the performance and customer service of the Department of	82246
Education. Funds may be used for personnel, maintenance, and	82247
equipment costs related to the development and implementation of	82248
these technical system projects. Implementation of these systems	82249
shall allow the Department to provide greater levels of assistance	82250
to school districts and to provide more timely information to the	82251
public, including school districts, administrators, and	82252
legislators.	82253

ALTERNATIVE EDUCATION PROGRAMS

82254

There is hereby created the Alternative Education Advisory	82255
Council, which shall consist of one representative from each of	82256
the following agencies: the Ohio Department of Education; the	82257
Department of Youth Services; the Ohio Department of Alcohol and	82258
Drug Addiction Services; the Department of Mental Health; the	82259
Office of the Governor or, at the Governor's discretion, the	82260
Office of the Lieutenant Governor; the Office of the Attorney	82261
General; and the Office of the Auditor of State.	82262

Of the foregoing appropriation item 200-421, Alternative	82263
Education Programs, not less than $7,529,274 in each fiscal year	82264
shall be used for the renewal of successful implementation grants	82265
and for competitive matching grants to the 21 urban school	82266
districts as defined in division (O) of section        Sec. 3317.02.  of the	82267
Revised Code as it existed prior to July 1, 1998, and not less	82268
than $7,494,820 in each fiscal year shall be used for the renewal	82269
of successful implementation of grants and for competitive	82270
matching grants to rural and suburban school districts for	82271
alternative educational programs for existing and new at-risk and	82272
delinquent youth. Programs shall be focused on youth in one or	82273
more of the following categories: those who have been expelled or	82274
suspended, those who have dropped out of school or who are at risk	82275
of dropping out of school, those who are habitually truant or	82276
disruptive, or those on probation or on parole from a Department	82277
of Youth Services facility. Grants shall be awarded according to	82278
the criteria established by the Alternative Education Advisory	82279
Council in 1999. Grants shall be awarded only to programs where	82280
the grant would not serve as the program's primary source of	82281
funding. These grants shall be administered by the Department of	82282
Education.	82283

The Department of Education may waive compliance with any	82284
minimum education standard established under section 3301.07 of	82285
the Revised Code for any alternative school that receives a grant	82286
under this section on the grounds that the waiver will enable the	82287
program to more effectively educate students enrolled in the	82288
alternative school.	82289

Of the foregoing appropriation item 200-421, Alternative	82290
Education Programs, $75,000 in each fiscal year shall be used to	82291
support the Toledo Tech Academy.	82292

Of the foregoing appropriation item 200-421, Alternative	82293
Education Programs, up to $449,235 in each fiscal year may be used	82294
for program administration, monitoring, technical assistance,	82295
support, research, and evaluation. Any unexpended balance may be	82296
used to provide additional matching grants to urban, suburban, or	82297
rural school districts as outlined above.	82298

Of the foregoing appropriation item 200-421, Alternative	82299
Education Programs, $287,218 in each fiscal year shall be used to	82300
contract with the Center for Learning Excellence at The Ohio State	82301
University to provide technical support for the project and the	82302
completion of formative and summative evaluation of the grants.	82303

Of the foregoing appropriation item 200-421, Alternative	82304
Education Programs, $300,000 in each fiscal year shall be used to	82305
support Amer-I-Can. Of this set-aside, no funds shall be disbursed	82306
without approval of the Controlling Board. Amer-I-Can programs	82307
shall submit to the Controlling Board a biennial spending plan	82308
that delineates how these funds will be spent. Amer-I-Can programs	82309
also shall demonstrate to the Controlling Board that they have	82310
hired an independent evaluator and have selected valid and	82311
reliable instruments to assess pre and post changes in student	82312
behavior.	82313

SCHOOL MANAGEMENT ASSISTANCE

82314

Of the foregoing appropriation item 200-422, School	82315
Management Assistance, $351,000 in each fiscal year shall be used	82316
by the Auditor of State for expenses incurred in the Auditor of	82317
State's role relating to fiscal caution activities as defined in	82318
Chapter 3316. of the Revised Code. Expenses include duties related	82319
to the completion of performance audits for school districts that	82320
the Superintendent of Public Instruction determines are employing	82321
fiscal practices or experiencing budgetary conditions that could	82322
produce a state of fiscal watch or fiscal emergency.	82323

The remainder of foregoing appropriation item 200-422, School	82324
Management Assistance, shall be used by the Department of	82325
Education to provide fiscal technical assistance and inservice	82326
education for school district management personnel and to	82327
administer, monitor, and implement the fiscal watch and fiscal	82328
emergency provisions under Chapter 3316. of the Revised Code.	82329

POLICY ANALYSIS

82330

The foregoing appropriation item 200-424, Policy Analysis,	82331
shall be used by the Department of Education to support a system	82332
of administrative, statistical, and legislative education	82333
information to be used for policy analysis. Staff supported by	82334
this appropriation shall administer the development of reports,	82335
analyses, and briefings to inform education policymakers of	82336
current trends in education practice, efficient and effective use	82337
of resources, and evaluation of programs to improve education	82338
results. The database shall be kept current at all times. These	82339
research efforts shall be used to supply information and analysis	82340
of data to the General Assembly and other state policymakers,	82341
including the Office of Budget and Management and the Legislative	82342
Service Commission.	82343

The Department of Education may use funding from this	82344
appropriation item to purchase or contract for the development of	82345
software systems or contract for policy studies that will assist	82346
in the provision and analysis of policy-related information.	82347
Funding from this appropriation item also may be used to monitor	82348
and enhance quality assurance for research-based policy analysis	82349
and program evaluation to enhance the effective use of education	82350
information to inform education policymakers.	82351

TECH PREP CONSORTIA SUPPORT

82352

The foregoing appropriation item 200-425, Tech Prep Consortia	82353
Support, shall be used by the Department of Education to support	82354
state-level activities designed to support, promote, and expand	82355
tech prep programs. Use of these funds shall include, but not be	82356
limited to, administration of grants, program evaluation,	82357
professional development, curriculum development, assessment	82358
development, program promotion, communications, and statewide	82359
coordination of tech prep consortia.	82360

OHIO EDUCATIONAL COMPUTER NETWORK

82361

The foregoing appropriation item 200-426, Ohio Educational	82362
Computer Network, shall be used by the Department of Education to	82363
maintain a system of information technology throughout Ohio and to	82364
provide technical assistance for such a system in support of the	82365
State Education Technology Plan pursuant to section 3301.07 of the	82366
Revised Code.	82367

Of the foregoing appropriation item 200-426, Ohio Educational	82368
Computer Network, up to $18,592,763 in each fiscal year shall be	82369
used by the Department of Education to support connection of all	82370
public school buildings to the state's education network, to each	82371
other, and to the Internet. In each fiscal year the Department of	82372
Education shall use these funds to assist data acquisition sites	82373
or school districts with the operational costs associated with	82374
this connectivity. The Department of Education shall develop a	82375
formula and guidelines for the distribution of these funds to the	82376
data acquisition sites or individual school districts. As used in	82377
this section, "public school building" means a school building of	82378
any city, local, exempted village, or joint vocational school	82379
district, or any community school established under Chapter 3314.	82380
of the Revised Code, or any educational service center building	82381
used for instructional purposes, or the Ohio School for the Deaf	82382
and the Ohio School for the Blind, or high schools chartered by	82383
the Ohio Department of Youth Services and high schools operated by	82384
Ohio Department of Rehabilitation and Corrections' Ohio Central	82385
School System.	82386

Of the foregoing appropriation item 200-426, Ohio Educational	82387
Computer Network, up to $1,884,355 in each fiscal year shall be	82388
used for the Union Catalog and InfOhio Network.	82389

The Department of Education shall use up to $3,412,500 in	82390
each fiscal year to assist designated data acquisition sites with	82391
operational costs associated with the increased use of the state's	82392
education network by chartered nonpublic schools. The Department	82393
of Education shall use the same per building amount as used to	82394
provide connectivity subsidy funds to public school buildings.	82395

The remainder of appropriation item 200-426, Ohio Educational	82396
Computer Network, shall be used to support development,	82397
maintenance, and operation of a network of uniform and compatible	82398
computer-based information and instructional systems. The	82399
technical assistance shall include, but not be restricted to,	82400
development and maintenance of adequate computer software systems	82401
to support network activities. Program funds may be used, through	82402
a formula and guidelines devised by the department, to subsidize	82403
the activities of designated data acquisition sites, as defined by	82404
State Board of Education rules, to provide school districts and	82405
chartered nonpublic schools with computer-based student and	82406
teacher instructional and administrative information services,	82407
including approved computerized financial accounting, and to	82408
ensure the effective operation of local automated administrative	82409
and instructional systems. To broaden the scope of the use of	82410
technology for education, the Department may use up to $223,762 in	82411
each fiscal year to coordinate the activities of the computer	82412
network with other agencies funded by the department or the state.	82413
In order to improve the efficiency of network activities, the	82414
department and data acquisition sites may jointly purchase	82415
equipment, materials, and services from funds provided under this	82416
appropriation for use by the network and, when considered	82417
practical by the department, may utilize the services of	82418
appropriate state purchasing agencies.	82419

ACADEMIC STANDARDS

82420

Of the foregoing appropriation item 200-427, Academic	82421
Standards, up to $731,250 in each fiscal year shall be used to	82422
provide funds to school districts that have one or more teachers	82423
participating in the teachers-on-loan program.	82424

The remainder of appropriation item 200-427, Academic	82425
Standards, shall be used by the Department of Education to develop	82426
and communicate to school districts academic content standards and	82427
curriculum models. The Department of Education shall communicate	82428
these standards and curricula to school districts primarily	82429
through Internet website postings and electronic mail.	82430

Section 40.05.  SCHOOL IMPROVEMENT INITIATIVES

82431

Of the foregoing appropriation item 200-431, School	82432
Improvement Initiatives, $10,505,625 in each fiscal year shall be	82433
used to provide technical assistance to school districts that are	82434
declared to be in a state of academic watch or academic emergency	82435
under section 3302.03 of the Revised Code to provide support to	82436
districts in the development and implementation of their	82437
continuous improvement plans as required in section 3302.04 of the	82438
Revised Code and to provide technical assistance and support in	82439
accordance with Title I of the "No Child Left Behind Act of 2001,"	82440
115 Stat. 1425, 20 U.S.C. 6317.	82441

Of the foregoing appropriation item 200-431, School	82442
Improvement Initiatives, up to $250,000 in each fiscal year shall	82443
be used to reduce the dropout rate by addressing the academic and	82444
social problems of inner-city students through Project GRAD.	82445

Of the foregoing appropriation item 200-431, School	82446
Improvement Initiatives, $50,000 in each fiscal year shall be used	82447
to support LEAF.	82448

SCHOOL CONFLICT MANAGEMENT

82449

The foregoing appropriation item 200-432, School Conflict	82450
Management, shall be used by the Department of Education for the	82451
purpose of providing dispute resolution and conflict management	82452
training, consultation, and materials for school districts, and	82453
for the purpose of providing competitive school conflict	82454
management grants to school districts.	82455

READING/WRITING/MATH IMPROVEMENT

82456

Of the foregoing appropriation item 200-433,	82457
Reading/Writing/Math Improvement, up to $12,675,000 in each fiscal	82458
year shall be used for professional development in literacy for	82459
classroom teachers, administrators, and literacy specialists, and	82460
to provide intensive summer training for mathematics teachers.	82461

Of the foregoing appropriation item 200-433,	82462
Reading/Writing/Math Improvement, $250,000 in each fiscal year	82463
shall be used to continue the Waterford Early Reading Program.	82464

Of the foregoing appropriation item 200-433,	82465
Reading/Writing/Math Improvement, up to $1,000,000 in each fiscal	82466
year shall be used by the Department of Education to fund the	82467
Reading Recovery Training Network, to cover the cost of release	82468
time for the teacher trainers, and to provide grants to districts	82469
to implement other reading improvement programs on a pilot basis.	82470
Funds from this appropriation item also may be used to conduct	82471
evaluations of the impact and effectiveness of Reading Recovery	82472
and other reading improvement programs.	82473

The remainder of appropriation item 200-433,	82474
Reading/Writing/Math Improvement, shall be used to support	82475
standards-based classroom reading and writing instruction and	82476
reading intervention and the design/development of standards-based	82477
literacy curriculum materials; to support literacy professional	82478
development partnerships between the Department of Education,	82479
higher education institutions, the literacy specialists project,	82480
the Ohio principals' literacy network, regional literacy teams,	82481
literacy networks, and school districts.	82482

STUDENT ASSESSMENT

82483

Of the foregoing appropriation item 200-437, Student	82484
Assessment, $500,000 in fiscal year 2004 and $100,000 in fiscal	82485
year 2005 shall be used by the Department of Education to train	82486
school district personnel to score the practice version of the	82487
Ohio Graduation Test to be taken by students enrolled in the ninth	82488
grade in school districts in academic watch or academic emergency	82489
pursuant to sections 3301.0710 and 3301.0711 of the Revised Code.	82490

The remainder of appropriation item 200-437, Student	82492
Assessment, shall be used to develop, field test, print,	82493
distribute, score, report results, and support other associated	82494
costs for the tests required under sections 3301.0710 and	82495
3301.0711 of the Revised Code and for similar purposes as required	82496
by section 3301.27 of the Revised Code.	82497

ACCOUNTABILITY/REPORT CARDS

82498

The foregoing appropriation item 200-439,	82499
Accountability/Report Cards, shall be used for the development of	82500
an accountability system that includes the preparation and	82501
distribution of school report cards pursuant to section 3302.03 of	82502
the Revised Code.	82503

AMERICAN SIGN LANGUAGE

82504

Of the foregoing appropriation item 200-441, American Sign	82505
Language, up to $136,943 in each fiscal year shall be used to	82506
implement pilot projects for the integration of American Sign	82507
Language deaf language into the kindergarten through twelfth-grade	82508
curriculum.	82509

The remainder of the appropriation shall be used by the	82510
Department of Education to provide supervision and consultation to	82511
school districts in dealing with parents of children who are deaf	82512
or hard of hearing, in integrating American Sign Language as a	82513
foreign language, and in obtaining interpreters and improving	82514
their skills.	82515

CHILD CARE LICENSING

82516

The foregoing appropriation item 200-442, Child Care	82517
Licensing, shall be used by the Department of Education to license	82518
and to inspect preschool and school-age child care programs in	82519
accordance with sections 3301.52 to 3301.59 of the Revised Code.	82520

OHIOREADS ADMIN/VOLUNTEER SUPPORT

82521

The foregoing appropriation item 200-445, OhioReads	82522
Admin/Volunteer Support, may be allocated by the OhioReads Office	82523
in the Department of Education at the direction of the OhioReads	82524
Council for volunteer coordinators in public school buildings, to	82525
educational service centers for costs associated with volunteer	82526
coordination, for background checks for volunteers, to evaluate	82527
the OhioReads Program, and for operating expenses associated with	82528
administering the program.	82529

Section 40.06.  EDUCATION MANAGEMENT INFORMATION SYSTEM

82530

The foregoing appropriation item 200-446, Education	82531
Management Information System, shall be used by the Department of	82532
Education to improve the Education Management Information System	82533
(EMIS).	82534

Of the foregoing appropriation item 200-446, Education	82535
Management Information System, up to $1,295,857 in each fiscal	82536
year shall be distributed to designated data acquisition sites for	82537
costs relating to processing, storing, and transferring data for	82538
the effective operation of the EMIS. These costs may include, but	82539
are not limited to, personnel, hardware, software development,	82540
communications connectivity, professional development, and support	82541
services, and to provide services to participate in the State	82542
Education Technology Plan pursuant to section 3301.07 of the	82543
Revised Code.	82544

Of the foregoing appropriation item 200-446, Education	82545
Management Information System, up to $8,055,189 in each fiscal	82546
year shall be distributed on a per-pupil basis to school	82547
districts, community schools established under Chapter 3314. of	82548
the Revised Code, education service centers, joint vocational	82549
school districts, and any other education entity that reports data	82550
through EMIS. From this funding, each school district or community	82551
school established under Chapter 3314. of the Revised Code with	82552
enrollment greater than 100 students and each vocational school	82553
district shall receive a minimum of $5,000 in each fiscal year.	82554
Each school district or community school established under Chapter	82555
3314. of the Revised Code with enrollment between one and one	82556
hundred and each education service center and each county board of	82557
MR/DD that submits data through EMIS shall receive $3,000 in each	82558
fiscal year. This subsidy shall be used for costs relating to	82559
reporting, processing, storing, transferring, and exchanging data	82560
necessary to meet requirements of the Department of Education's	82561
data system.	82562

Of the foregoing appropriation item 200-446, Education	82563
Management Information System, $2,532,500 in each fiscal year	82564
shall be used by the Department of Education for the development	82565
and implementation of a common core of Education Management	82566
Information System data definitions, business practices, and data	82567
format standards for the Education Management Information System.	82568
This common core shall provide the basis upon which a student	82569
software administration package certification process will be	82570
designed, developed, and conducted by the Department. On an annual	82571
basis, the Department of Education shall convene an advisory group	82572
of school districts, community schools, and other	82573
education-related entities to review data standards, the	82574
certification criteria, and the certification process to recommend	82575
changes and enhancements based upon surveys of the software	82576
industry and surveys of education agencies in other states to	82577
ensure that Ohio's data standards and associated software	82578
certification process reflect best practices, align with federal	82579
initiatives, and meet the needs of school districts. Additionally,	82580
the Department shall utilize these funds to continue support of	82581
the Student Management Record System, as defined by the Department	82582
of Education, and to ensure the software is in compliance with the	82583
Education Management Information System certification criteria.	82584
The Department of Education shall work with data acquisition sites	82585
and their member school districts and community schools to	82586
implement the software in up to four data acquisition sites in	82587
each fiscal year.	82588

School districts and community schools shall convert to a	82589
student software package that meets the certification criteria by	82590
July 1, 2005. If a school district or community school does not	82591
have a certified software package by July 1, 2005, the Department	82592
of Education shall work with the school district or community	82593
school and the data acquisition site to obtain the necessary	82594
software or service.	82595

GED TESTING/ADULT HIGH SCHOOL

82596

The foregoing appropriation item 200-447, GED Testing/Adult	82597
High School, shall be used to provide General Educational	82598
Development (GED) testing at no cost to applicants, pursuant to	82599
rules adopted by the State Board of Education. The Department of	82600
Education shall reimburse school districts and community schools,	82601
created in accordance with Chapter 3314. of the Revised Code, for	82602
a portion of the costs incurred in providing summer instructional	82603
or intervention services to students who have not graduated due to	82604
their inability to pass one or more parts of the state's ninth	82605
grade proficiency test. School districts shall also provide such	82606
services to students who are residents of the district pursuant to	82607
section 3313.64 of the Revised Code, but who are enrolled in	82608
chartered, nonpublic schools. The services shall be provided in	82609
the public school, in nonpublic schools, in public centers, or in	82610
mobile units located on or off the nonpublic school premises. No	82611
school district shall provide summer instructional or intervention	82612
services to nonpublic school students as authorized by this	82613
section unless such services are available to students attending	82614
the public schools within the district. No school district shall	82615
provide services for use in religious courses, devotional	82616
exercises, religious training, or any other religious activity.	82617
Chartered, nonpublic schools shall pay for any unreimbursed costs	82618
incurred by school districts for providing summer instruction or	82619
intervention services to students enrolled in chartered, nonpublic	82620
schools. School districts may provide these services to students	82621
directly or contract with postsecondary or nonprofit	82622
community-based institutions in providing instruction. The	82623
appropriation also shall be used for state reimbursement to school	82624
districts for adult high school continuing education programs	82625
pursuant to section 3313.531 of the Revised Code or for costs	82626
associated with awarding adult high school diplomas under section	82627
3313.611 of the Revised Code.	82628

EDUCATOR PREPARATION

82629

The foregoing appropriation item 200-448, Educator	82630
Preparation, shall be used by the Ohio Teacher Education and	82631
Licensure Advisory Commission to carry out the responsibilities of	82632
the 21-member Ohio Teacher Education and Licensure Advisory	82633
Commission. The advisory commission is charged by the State Board	82634
of Education with considering all matters related to educator	82635
preparation and licensure, including standards for educator	82636
preparation and licensure, approval of institutions and programs,	82637
and recommending decisions to the State Board of Education.	82638

TITLE IV-A HEAD START AND TITLE IV-A HEAD START PLUS START UP

82639

The foregoing appropriation item 200-449, Head Start/Head	82640
Start Plus Start Up, shall be used to provide start up grants for	82641
Title IV-A reimbursable funding for the provision of services to	82642
children eligible for Title IV-A services. In fiscal year 2004,	82643
these grants shall be provided to Title IV-A Head Start agencies.	82644
In fiscal year 2005, these grants shall be provided to Title IV-A	82645
Head Start agencies and Title IV-A Head Start Plus agencies. The	82646
amount of each grant shall be determined by the Department of	82647
Education. Funds appropriated for this purpose shall be reimbursed	82648
to the General Revenue Fund when the Title IV-A Head Start or	82649
Title IV-A Head Start Plus programs cease or are no longer funded	82650
from Title IV-A. If one program ceases or is no longer funded with	82651
Title IV-A funds, the General Revenue Fund will be reimbursed for	82652
that program.	82653

If a Title IV-A Head Start agency or Title IV-A Head Start	82654
Plus agency chooses not to participate in the program or if the	82655
Department or Education suspends or terminates part or all of its	82656
funding, reimbursement owed to the grantee shall be held by the	82657
Department of Education up to the amount of the grant owed by the	82658
grantee. If insufficient reimbursement is available to recover the	82659
amount owed by the grantee, the grantee shall return the remaining	82660
balance within 60 days of the date of the decision not to	82661
participate, the suspension, or the termination. Funding recovered	82662
from such grantees shall be used by the Department of Education	82663
for supplying grants to new grantees for Title IV-A reimbursable	82664
funding for provision of services to children eligible for Title	82665
IV-A services. Any funding remaining when the Title IV-A Head	82666
Start and the Title IV-A Head Start Plus programs cease or are no	82667
longer funded with Title IV-A funds shall be returned to the	82668
General Revenue Fund.	82669

The Title IV-A Head Start Plus agency that is receiving funds	82670
to operate a Head Start program in accordance with section 3301.35	82671
of the Revised Code shall provide the program through contracts	82672
with child care providers licensed or certified in accordance with	82673
Chapter 5104. of the Revised Code. If a licensed or certified	82674
child care provider is not in operation or willing to participate	82675
and if eligible families are in need of full-day and full-year	82676
Head Start and child care services, the Title IV-A Head Start Plus	82677
agency may be the sole source provider.	82678

TEACHING SUCCESS COMMISSION INITIATIVES

82679

The foregoing appropriation item 200-452, Teaching Success	82680
Commission Initiatives, shall be used by the Department of	82681
Education to support initiatives recommended by the Governor's	82682
Commission on Teaching Success.	82683

COMMUNITY SCHOOLS

82684

Of the foregoing appropriation item 200-455, Community	82685
Schools, up to $1,308,661 in each fiscal year may be used by the	82686
Department of Education for additional services and	82687
responsibilities under section 3314.11 of the Revised Code.	82688

Of the foregoing appropriation item 200-455, Community	82689
Schools, up to $250,000 in each fiscal year may be used by the	82690
Department of Education for developing and conducting training	82691
sessions for sponsors and prospective sponsors of community	82692
schools as prescribed in division (A)(1) of section 3314.015 of	82693
the Revised Code. In developing such training sessions, the	82694
Department shall collect and disseminate examples of best	82695
practices used by sponsors of independent charter schools in Ohio	82696
and other states.	82697

The remaining appropriation may be used by the Department of	82698
Education to make grants of up to $50,000 to each proposing group	82699
with a preliminary agreement obtained under division (C)(2) of	82700
section 3314.02 of the Revised Code in order to defray planning	82701
and initial start-up costs. In the first year of operation of a	82702
community school, the Department of Education may make a grant of	82703
not more than $100,000 to the governing authority of the school to	82704
partially defray additional start-up costs. The amount of the	82705
grant shall be based on a thorough examination of the needs of the	82706
community school. The Department of Education shall not utilize	82707
moneys received under this section for any other purpose other	82708
than those specified under this section.	82709

A community school awarded start-up grants from appropriation	82710
item 200-613, Public Charter Schools (Fund 3T4), shall not be	82711
eligible for grants under this section.	82712

Section 40.07.  SCHOOL FINANCE EQUITY

82713

The foregoing appropriation item 200-500, School Finance	82714
Equity, shall be distributed to school districts based on the	82715
formula specified in section 3317.0213 of the Revised Code.	82716

Section 40.08.  BASE COST FUNDING

82717

The foregoing appropriation item 200-501, Base Cost Funding,	82718
includes $90,000,000 in each fiscal year for the state education	82719
aid offset due to the change in public utility valuation as a	82720
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd	82721
General Assembly. This amount represents the total state education	82722
aid offset due to the valuation change for school districts and	82723
joint vocational school districts from all relevant appropriation	82724
line item sources. If it is determined that the state education	82725
aid offset is more than $90,000,000, the Controlling Board may	82726
increase the appropriation for appropriation item 200-501, Base	82727
Cost Funding, by the difference amount if presented with such a	82728
request from the Department of Education. The appropriation	82729
increase, if any, is hereby appropriated. If it is determined that	82730
the state education aid offset is less than $90,000,000, the	82731
Director of Budget and Management shall then reduce the	82732
appropriation for appropriation item 200-501, Base Cost Funding,	82733
by the difference amount and notify the Controlling Board of this	82734
action. The appropriation decrease determined by the Director of	82735
Budget and Management, if any, is hereby approved, and	82736
appropriations are hereby reduced by the amount determined.	82737

Of the foregoing appropriation item 200-501, Base Cost	82738
Funding, up to $425,000 shall be expended in each fiscal year for	82739
court payments pursuant to section 2151.357 of the Revised Code;	82740
an amount shall be available in each fiscal year for the cost of	82741
reappraisal guarantee pursuant to section 3317.04 of the Revised	82742
Code; an amount shall be available in each fiscal year to fund up	82743
to 225 full-time equivalent approved GRADS teacher grants pursuant	82744
to division (R) of section 3317.024 of the Revised Code; an amount	82745
shall be available in each fiscal year to make payments to school	82746
districts pursuant to division (A)(2) of section 3317.022 of the	82747
Revised Code; an amount shall be available in each fiscal year to	82748
make payments to school districts pursuant to division (F) of	82749
section 3317.022 of the Revised Code; an amount shall be available	82750
in each fiscal year to make payments to school districts pursuant	82751
to division (C) of section 3317.0212 of the Revised Code; and up	82752
to $15,000,000 in each fiscal year shall be reserved for payments	82753
pursuant to sections 3317.026, 3317.027, and 3317.028 of the	82754
Revised Code except that the Controlling Board may increase the	82755
$15,000,000 amount if presented with such a request from the	82756
Department of Education. Of the foregoing appropriation item	82757
200-501, Base Cost Funding, up to $15,000,000 in each fiscal year	82758
shall be used to provide additional state aid to school districts	82759
for special education students pursuant to division (C)(3) of	82760
section 3317.022 of the Revised Code; up to $2,000,000 in each	82761
fiscal year shall be reserved for Youth Services tuition payments	82762
pursuant to section 3317.024 of the Revised Code; and up to	82763
$52,000,000 in each fiscal year shall be reserved to fund the	82764
state reimbursement of educational service centers pursuant to	82765
section 3317.11 of the Revised Code and the section of this act	82766
entitled "EDUCATIONAL SERVICE CENTERS FUNDING." An amount shall be	82767
available for special education weighted funding pursuant to	82768
division (C)(1) of section 3317.022 and division (D)(1) of section	82769
3317.16 of the Revised Code.	82770

Of the foregoing appropriation item 200-501, Base Cost	82771
Funding, an amount shall be available in each fiscal year to be	82772
used by the Department of Education for transitional aid for	82773
school districts. Funds shall be distributed pursuant to the	82774
section of this act entitled "TRANSITIONAL AID."	82775

Of the foregoing appropriation item 200-501, Base Cost	82776
Funding, up to $1,000,000 in each fiscal year shall be used by the	82777
Department of Education for a pilot program to pay for educational	82778
services for youth who have been assigned by a juvenile court or	82779
other authorized agency to any of the facilities described in	82780
division (A) of the section titled "Private Treatment Facility	82781
Pilot Project."	82782

The remaining portion of appropriation item 200-501, Base	82783
Cost Funding, shall be expended for the public schools of city,	82784
local, exempted village, and joint vocational school districts,	82785
including base cost funding, special education speech service	82786
enhancement funding, career-technical education weight funding,	82787
career-technical education associated service funding, guarantee	82788
funding, and teacher training and experience funding pursuant to	82789
sections 3317.022, 3317.023, 3317.0212, and 3317.16 of the Revised	82790
Code.	82791

Appropriation items 200-500, School Finance Equity, 200-501,	82792
Base Cost Funding, 200-502, Pupil Transportation, 200-520,	82793
Disadvantaged Pupil Impact Aid, 200-521, Gifted Pupil Program,	82794
200-525, Parity Aid, and 200-546, Charge-Off Supplement, other	82795
than specific set-asides, are collectively used in each fiscal	82796
year to pay state formula aid obligations for school districts and	82797
joint vocational school districts pursuant to Chapter 3317. of the	82798
Revised Code. The first priority of these appropriation items,	82799
with the exception of specific set-asides, is to fund state	82800
formula aid obligations under Chapter 3317. of the Revised Code.	82801
It may be necessary to reallocate funds among these appropriation	82802
items in order to meet state formula aid obligations. If it is	82803
determined that it is necessary to transfer funds among these	82804
appropriation items to meet state formula aid obligations, the	82805
Department of Education shall seek approval from the Controlling	82806
Board to transfer funds among these appropriation items.	82807

Section 40.09.  PUPIL TRANSPORTATION

82808

Of the foregoing appropriation item 200-502, Pupil	82809
Transportation, up to $822,400 in each fiscal year may be used by	82810
the Department of Education for training prospective and	82811
experienced school bus drivers in accordance with training	82812
programs prescribed by the Department. Up to $56,975,910 in each	82813
fiscal year may be used by the Department of Education for special	82814
education transportation reimbursements to school districts and	82815
county MR/DD boards for transportation operating costs as provided	82816
in division (M) of section 3317.024 of the Revised Code. The	82817
remainder of appropriation item 200-502, Pupil Transportation,	82818
shall be used for the state reimbursement of public school	82819
districts' costs in transporting pupils to and from the school	82820
they attend in accordance with the district's policy, State Board	82821
of Education standards, and the Revised Code.	82822

BUS PURCHASE ALLOWANCE

82823

The foregoing appropriation item 200-503, Bus Purchase	82824
Allowance, shall be distributed to school districts, educational	82825
service centers, and county MR/DD boards pursuant to rules adopted	82826
under section 3317.07 of the Revised Code. Up to 28 per cent of	82827
the amount appropriated may be used to reimburse school districts	82828
and educational service centers for the purchase of buses to	82829
transport handicapped and nonpublic school students and to county	82830
MR/DD boards, the Ohio School for the Deaf, and the Ohio School	82831
for the Blind for the purchase of buses to transport handicapped	82832
students.	82833

SCHOOL LUNCH MATCH

82834

The foregoing appropriation item 200-505, School Lunch Match,	82835
shall be used to provide matching funds to obtain federal funds	82836
for the school lunch program.	82837

Section 40.10.  ADULT LITERACY EDUCATION

82838

The foregoing appropriation item 200-509, Adult Literacy	82839
Education, shall be used to support adult basic and literacy	82840
education instructional programs and the State Literacy Resource	82841
Center Program.	82842

Of the foregoing appropriation item 200-509, Adult Literacy	82843
Education, up to $519,188 in each fiscal year shall be used for	82844
the support and operation of the State Literacy Resource Center.	82845

Of the foregoing appropriation item 200-509, Adult Literacy	82846
Education, $146,250 in each fiscal year shall be used to support	82847
initiatives for English as a second language programs in	82848
combination with citizenship. Funding shall be provided to	82849
organizations that received such funds during fiscal year 2003	82850
from appropriation item 200-570, School Improvement Incentive	82851
Grants.	82852

The remainder of the appropriation shall be used to continue	82853
to satisfy the state match and maintenance of effort requirements	82854
for the support and operation of the Department of	82855
Education-administered instructional grant program for adult basic	82856
and literacy education in accordance with the department's state	82857
plan for adult basic and literacy education as approved by the	82858
State Board of Education and the Secretary of the United States	82859
Department of Education.	82860

AUXILIARY SERVICES

82861

The foregoing appropriation item 200-511, Auxiliary Services,	82862
shall be used by the Department of Education for the purpose of	82863
implementing section 3317.06 of the Revised Code. Of the	82864
appropriation, up to $1,462,500 in each fiscal year may be used	82865
for payment of the Post-Secondary Enrollment Options Program for	82866
nonpublic students pursuant to section 3365.10 of the Revised	82867
Code.	82868

STUDENT INTERVENTION SERVICES

82869

Of the foregoing appropriation item 200-513, Student	82870
Intervention Services, $3,700,000 in fiscal year 2004 and	82871
$5,900,000 in fiscal year 2005 shall be allocated by the	82872
Department of Education, on a per pupil basis, to school districts	82873
in academic emergency. Districts shall use these funds for	82874
salaries, materials, and training to provide after-school,	82875
in-school, Saturday school, summer school, or other related	82876
intervention programs to students as specified in division (D)(2)	82877
of section 3301.0711 of the Revised Code. In fiscal year 2004	82878
these programs shall be provided to students enrolled in the ninth	82879
grade. In fiscal year 2005, these programs shall be provided to	82880
students enrolled in the ninth and tenth grades. At the end of	82881
each fiscal year, the school districts receiving these funds shall	82882
report to the Department of Education the number of students who	82883
were offered intervention, the number of students who	82884
participated, and the number of students who completed the	82885
intervention program, and shall provide an evaluation of the	82886
impact of the intervention on students.	82887

Of the foregoing appropriation item 200-513, Student	82888
Intervention Services, $100,000 in each fiscal year shall be used	82889
for Project GRAD.	82890

Of the foregoing appropriation item 200-513, Student	82891
Intervention Services, $150,000 in each fiscal year shall be used	82892
for Read Baby Read.	82893

The remainder of appropriation item 200-513, Student	82894
Intervention Services, shall be used to assist districts providing	82895
the intervention services specified in section 3313.608 of the	82896
Revised Code. The Department of Education shall establish	82897
guidelines for the use and distribution of these moneys. School	82898
districts receiving funds from this appropriation shall report to	82899
the Department of Education on how funds were used.	82900

POSTSECONDARY ADULT CAREER-TECHNICAL EDUCATION

82901

Of the foregoing appropriation item 200-514, Postsecondary	82902
Adult Career-Technical Education, $40,000 in each fiscal year	82903
shall be used for the statewide coordination of the activities of	82904
the Ohio Young Farmers.	82905

The remainder of appropriation item 200-514, Postsecondary	82906
Adult Career-Technical Education, shall be used by the State Board	82907
of Education to provide postsecondary adult career-technical	82908
education under sections 3313.52 and 3313.53 of the Revised Code.	82909

DISADVANTAGED PUPIL IMPACT AID

82910

Notwithstanding the distribution formula outlined in section	82911
3317.029 of the Revised Code, each school district shall receive	82912
an additional two per cent in Disadvantaged Pupil Impact Aid	82913
(DPIA) funding in fiscal year 2004 over what was received in	82914
fiscal year 2003 unless the district receives DPIA funding from	82915
the DPIA guarantee provision pursuant to division (B) of section	82916
3317.029 of the Revised Code in fiscal year 2003. For such a	82917
district, its DPIA funding in fiscal year 2004 shall equal the	82918
amount of DPIA funding the district received in fiscal year 2003.	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 DPIA funding in fiscal year 2005	82922
over what was received in fiscal year 2004 unless the district	82923
receives DPIA funding from the DPIA guarantee provision pursuant	82924
to division (B) of section 3317.029 of the Revised Code in fiscal	82925
year 2003. For such a district, its DPIA funding in fiscal year	82926
2005 shall equal the amount of DPIA funding the district received	82927
in fiscal year 2004.	82928

School districts must continue to comply with all expenditure	82929
guidelines and restrictions outlined in divisions (F), (G), (I),	82930
and (K) of section 3317.029 of the Revised Code by assuming a two	82931
per cent increase in funds for each program outlined in divisions	82932
(C), (D), and (E) of section 3317.029 of the Revised Code and by	82933
assuming a DPIA index equivalent to the index calculated in fiscal	82934
year 2003.	82935

The Department of Education shall pay all-day, everyday	82936
kindergarten funding to all school districts in each fiscal year	82937
that qualified for and provided the service in fiscal year 2003	82938
pursuant to section 3317.029 of the Revised Code. School districts	82939
and community schools that did not have a DPIA allocation in	82940
fiscal year 2003 shall not receive an allocation in fiscal year	82941
2004 or fiscal year 2005.	82942

Of the foregoing appropriation item 200-520, Disadvantaged	82943
Pupil Impact Aid, up to $3,800,000 in each fiscal year shall be	82944
used for school breakfast programs. Of this amount, up to	82945
$1,000,000 shall be used in each fiscal year by the Department of	82946
Education for the purpose of increasing participation in child	82947
nutrition programs, particularly school breakfast and summer	82948
meals. The Department shall collaborate with the Children's Hunger	82949
Alliance in the outreach effort. The remainder of the	82950
appropriation shall be used to partially reimburse school	82951
buildings within school districts that are required to have a	82952
school breakfast program pursuant to section 3313.813 of the	82953
Revised Code, at a rate decided by the Department.	82954

Of the portion of the funds distributed to the Cleveland	82955
Municipal School District under this section, up to $11,901,887 in	82956
each fiscal year shall be used to operate the school choice	82957
program in the Cleveland Municipal School District pursuant to	82958
sections 3313.974 to 3313.979 of the Revised Code.	82959

Section 40.11.  GIFTED PUPIL PROGRAM

82960

The foregoing appropriation item 200-521, Gifted Pupil	82961
Program, shall be used for gifted education units not to exceed	82962
1,110 in each fiscal year pursuant to division (P) of section	82963
3317.024 and division (F) of section 3317.05 of the Revised Code.	82964

Of the foregoing appropriation item 200-521, Gifted Pupil	82965
Program, up to $5,000,000 each in fiscal year may be used as an	82966
additional supplement for identifying gifted students pursuant to	82967
Chapter 3324. of the Revised Code.	82968

Of the foregoing appropriation item 200-521, Gifted Pupil	82969
Program, the Department of Education may expend up to $1,000,000	82970
in each fiscal year for the Summer Honors Institute for gifted	82971
freshman and sophomore high school students. Up to $600,000 in	82972
each fiscal year shall be used for research and demonstration	82973
projects. The Department of Education shall research and evaluate	82974
the effectiveness of gifted education programs in Ohio. Up to	82975
$70,000 in each fiscal year shall be used for the Ohio Summer	82976
School for the Gifted (Martin Essex Program).	82977

Section 40.12. PARITY AID

82978

The foregoing appropriation item 200-525, Parity Aid, shall	82979
be distributed to school districts based on the formulas specified	82980
in section 3317.0217 of the Revised Code.	82981

NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

82982

The foregoing appropriation item 200-532, Nonpublic	82983
Administrative Cost Reimbursement, shall be used by the Department	82984
of Education for the purpose of implementing section 3317.063 of	82985
the Revised Code.	82986

Section 40.13. SPECIAL EDUCATION ENHANCEMENTS

82987

Of the foregoing appropriation item 200-540, Special	82988
Education Enhancements, up to $44,204,000 in fiscal year 2004 and	82989
up to $45,441,712 in fiscal year 2005 shall be used to fund	82990
special education and related services at county boards of mental	82991
retardation and developmental disabilities for eligible students	82992
under section 3317.20 of the Revised Code. Up to $2,452,125 shall	82993
be used in each fiscal year to fund special education classroom	82994
and related services units at institutions.	82995

Of the foregoing appropriation item 200-540, Special	82996
Education Enhancements, up to $2,906,875 in each fiscal year shall	82997
be used for home instruction for children with disabilities; up to	82998
$1,462,500 in each fiscal year shall be used for parent mentoring	82999
programs; and up to $2,783,396 in each fiscal year may be used for	83000
school psychology interns.	83001

Of the foregoing appropriation item 200-540, Special	83002
Education Enhancements, $3,406,090 in each fiscal year shall be	83003
used by the Department of Education to assist school districts in	83004
funding aides pursuant to paragraph (A)(3)(c)(i)(b) of rule	83005
3301-51-04 of the Administrative Code.	83006

Of the foregoing appropriation item 200-540, Special	83007
Education Enhancements, $78,384,498 in each fiscal year shall be	83008
distributed by the Department of Education to county boards of	83009
mental retardation and developmental disabilities, educational	83010
service centers, and school districts for preschool special	83011
education units and preschool supervisory units in accordance with	83012
section 3317.161 of the Revised Code. The department may reimburse	83013
county boards of mental retardation and developmental	83014
disabilities, educational service centers, and school districts	83015
for related services as defined in rule 3301-31-05 of the	83016
Administrative Code, for preschool occupational and physical	83017
therapy services provided by a physical therapy assistant and	83018
certified occupational therapy assistant, and for an instructional	83019
assistant. To the greatest extent possible, the Department of	83020
Education shall allocate these units to school districts and	83021
educational service centers. The Controlling Board may approve the	83022
transfer of unallocated funds from appropriation item 200-501,	83023
Base Cost Funding, to appropriation item 200-540, Special	83024
Education Enhancements, to fully fund existing units as necessary	83025
or to fully fund additional units. The Controlling Board may	83026
approve the transfer of unallocated funds from appropriation item	83027
200-540, Special Education Enhancements, to appropriation item	83028
200-501, Base Cost Funding, to fully fund the special education	83029
weight cost funding.	83030

The Department of Education shall require school districts,	83031
educational service centers, and county MR/DD boards serving	83032
preschool children with disabilities to document child progress	83033
using research-based indicators prescribed by the Department and	83034
report results annually. The reporting dates and methodology shall	83035
be determined by the Department.	83036

Of the foregoing appropriation item 200-540, Special	83037
Education Enhancements, $315,000 in each fiscal year shall be	83038
expended to conduct a demonstration project involving language and	83039
literacy intervention teams supporting student acquisition of	83040
language and literacy skills. The demonstration project shall	83041
demonstrate improvement of language and literacy skills of at-risk	83042
learners under the instruction of certified speech pathologists	83043
and educators. Baseline data shall be collected and comparison	83044
data for fiscal year 2004 and fiscal year 2005 shall be collected	83045
and reported to the Governor, Ohio Reads Council, Department of	83046
Education, and the General Assembly.	83047

Of the foregoing appropriation item 200-540, Special	83048
Education Enhancements, up to $500,000 in each fiscal year shall	83049
be used for the Research-Based Reading Mentoring Program.	83050

Of the foregoing appropriation item 200-540, Special	83051
Education Enhancements, $800,000 in each fiscal year shall be used	83052
to support the Bellefaire Jewish Children's Bureau.	83053

Section 40.14.  CAREER-TECHNICAL EDUCATION ENHANCEMENTS

83054

Of the foregoing appropriation item 200-545, Career-Technical	83055
Education Enhancements, up to $2,576,107 in each fiscal year shall	83056
be used to fund career-technical education units at institutions.	83057

Of the foregoing appropriation item 200-545, Career-Technical	83058
Education Enhancements, up to $2,925,000 in each fiscal year shall	83059
be used by the Department of Education to fund competitive grants	83060
to tech prep consortia that expand the number of students enrolled	83061
in tech prep programs. These grant funds shall be used to directly	83062
support expanded tech prep programs, including equipment, provided	83063
to students enrolled in school districts, including joint	83064
vocational school districts, and affiliated higher education	83065
institutions.	83066

Of the foregoing appropriation item 200-545, Career-Technical	83067
Education Enhancements, $2,225,000 in each fiscal year shall be	83068
used to provide an amount to each eligible school district for the	83069
replacement or updating of equipment essential for the instruction	83070
of students in job skills taught as part of a career-technical	83071
program or programs approved for such instruction by the State	83072
Board of Education. School districts replacing or updating	83073
career-technical education equipment may purchase or lease such	83074
equipment. The Department of Education shall review and approve	83075
all equipment requests and may allot appropriated funds to	83076
eligible school districts on the basis of the number of full-time	83077
equivalent workforce development teachers in all eligible	83078
districts making application for funds.	83079

The State Board of Education may adopt standards of need for	83080
equipment allocation. Pursuant to the adoption of any such	83081
standards of need by the State Board of Education, appropriated	83082
funds may be allotted to eligible districts according to such	83083
standards. Equipment funds allotted under either process shall be	83084
provided to a school district at 30, 40, or 50 per cent of cost on	83085
the basis of a rating developed by the Department of Education	83086
using the state share percentage as provided in division (B)(2) of	83087
section 3317.022 of the Revised Code.	83088

Of the foregoing appropriation item 200-545, Career-Technical	83089
Education Enhancements, up to $3,650,000 in each fiscal year shall	83090
be used by the Department of Education to support existing High	83091
Schools That Work (HSTW) sites, develop and support new sites,	83092
fund technical assistance, and support regional centers and middle	83093
school programs. The purpose of HSTW is to combine challenging	83094
academic courses and modern career-technical studies to raise the	83095
academic achievement of students. It provides intensive technical	83096
assistance, focused staff development, targeted assessment	83097
services, and ongoing communications and networking opportunities.	83098

Of the foregoing appropriation item 200-545, Career-Technical	83099
Education Enhancements, $2,400,000 in each fiscal year shall be	83100
used for K-12 career development.	83101

Of the foregoing appropriation item 200-545, Career-Technical	83102
Education Enhancements, up to $496,800 in each fiscal year shall	83103
be allocated for the Ohio Career Information System (OCIS) and	83104
used for the dissemination of career information data to public	83105
schools, libraries, rehabilitation centers, two- and four-year	83106
colleges and universities, and other governmental units.	83107

Of the foregoing appropriation item 200-545, Career-Technical	83108
Educational Enhancements, $300,000 in each fiscal year shall be	83109
used by the Department of Education to enable students in	83110
agricultural programs to enroll in a fifth quarter of instruction	83111
based on the agricultural education model of delivering work-based	83112
learning through supervised agricultural experience. The	83113
Department of Education shall determine eligibility criteria and	83114
the reporting process for the Agriculture 5th Quarter Project and	83115
shall fund as many programs as possible given the $300,000 set	83116
aside.	83117

Section 40.15.  CHARGE-OFF SUPPLEMENT

83118

The foregoing appropriation item 200-546, Charge-Off	83119
Supplement, shall be used by the Department of Education to make	83120
payments pursuant to section 3317.0216 of the Revised Code.	83121

EMERGENCY LOAN INTEREST SUBSIDY

83122

The foregoing appropriation item 200-558, Emergency Loan	83123
Interest Subsidy, shall be used to provide a subsidy to school	83124
districts receiving emergency school loans pursuant to section	83125
3313.484 of the Revised Code. The subsidy shall be used to pay	83126
these districts the difference between the amount of interest the	83127
district is paying on an emergency loan, and the interest that the	83128
district would have paid if the interest rate on the loan had been	83129
two per cent.	83130

Section 40.16.  OHIOREADS GRANTS

83131

Of the foregoing appropriation item 200-566, OhioReads	83132
Grants, the OhioReads Office in the Department of Education shall	83133
use $2,125,223 in fiscal year 2004 and $2,167,728 in fiscal year	83134
2005 to fund the STARS program.	83135

The remainder of the foregoing appropriation item 200-566,	83136
OhioReads Grants, shall be disbursed by the OhioReads Office in	83137
the Department of Education at the direction of the OhioReads	83138
Council to provide grants to public schools in city, local, and	83139
exempted village school districts; community schools; and	83140
educational service centers serving kindergarten through fourth	83141
grade students to support local reading literacy initiatives	83142
including reading programs, materials, professional development,	83143
tutoring, tutor recruitment and training, and parental	83144
involvement.	83145

Grants awarded by the OhioReads Council are intended to	83146
improve reading outcomes, especially on reading proficiency tests.	83147

SAFE AND SUPPORTIVE SCHOOLS

83148

Of the foregoing appropriation item 200-578, Safe and	83149
Supportive Schools, up to $224,250 in each fiscal year shall be	83150
used to fund a safe school center to provide resources for parents	83151
and for school and law enforcement personnel.	83152

Of the foregoing appropriation item 200-578, Safe and	83153
Supportive Schools, up to $20,000 in each fiscal year may be used	83154
by schools for the Eddie Eagle Gun Safety Pilot Program. School	83155
districts wishing to participate in the pilot program shall apply	83156
to the Department of Education under guidelines established by the	83157
Superintendent of Public Instruction.	83158

Of the foregoing appropriation item 200-578, Safe and	83159
Supportive Schools, up to $1,800,000 in each fiscal year shall be	83160
used for a safe school help line.	83161

The remainder of the appropriation shall be distributed based	83162
on guidelines developed by the Department of Education to enhance	83163
school safety. The guidelines shall provide a list of	83164
research-based best practices and programs from which local	83165
grantees shall select based on local needs. These practices shall	83166
include, but not be limited to, school resource officers and safe	83167
and drug free school coordinators and social-emotional development	83168
programs.	83169

Section 40.17. PROPERTY TAX ALLOCATION - EDUCATION

83170

The Superintendent of Public Instruction shall not request,	83171
and the Controlling Board shall not approve, the transfer of funds	83172
from appropriation item 200-901, Property Tax Allocation -	83173
Education, to any other appropriation item.	83174

The appropriation item 200-901, Property Tax Allocation -	83175
Education, is appropriated to pay for the state's costs incurred	83176
due to the homestead exemption and the property tax rollback. In	83177
cooperation with the Department of Taxation, the Department of	83178
Education shall distribute these funds directly to the appropriate	83179
school districts of the state, notwithstanding sections 321.24 and	83180
323.156 of the Revised Code, which provide for payment of the	83181
homestead exemption and property tax rollback by the Tax	83182
Commissioner to the appropriate county treasurer and the	83183
subsequent redistribution of these funds to the appropriate local	83184
taxing districts by the county auditor.	83185

Appropriation item 200-906, Tangible Tax Exemption -	83186
Education, is appropriated to pay for the state's costs incurred	83187
due to the tangible personal property tax exemption required by	83188
division (C)(3) of section 5709.01 of the Revised Code. In	83189
cooperation with the Department of Taxation, the Department of	83190
Education shall distribute to each county treasurer the total	83191
amount certified by the county treasurer pursuant to section	83192
319.311 of the Revised Code, for all school districts located in	83193
the county, notwithstanding the provision in section 319.311 of	83194
the Revised Code which provides for payment of the $10,000	83195
tangible personal property tax exemption by the Tax Commissioner	83196
to the appropriate county treasurer for all local taxing districts	83197
located in the county. Pursuant to division (G) of section 321.24	83198
of the Revised Code, the county auditor shall distribute the	83199
amount paid by the Department of Education among the appropriate	83200
school districts.	83201

Upon receipt of these amounts, each school district shall	83202
distribute the amount among the proper funds as if it had been	83203
paid as real or tangible personal property taxes. Payments for the	83204
costs of administration shall continue to be paid to the county	83205
treasurer and county auditor as provided for in sections 319.54,	83206
321.26, and 323.156 of the Revised Code.	83207

Any sums, in addition to the amounts specifically	83208
appropriated in appropriation items 200-901, Property Tax	83209
Allocation - Education, for the homestead exemption and the	83210
property tax rollback payments, and 200-906, Tangible Tax	83211
Exemption - Education, for the $10,000 tangible personal property	83212
tax exemption payments, which are determined to be necessary for	83213
these purposes, are hereby appropriated.	83214

Section 40.18.  TEACHER CERTIFICATION AND LICENSURE

83215

The foregoing appropriation item 200-681, Teacher	83216
Certification and Licensure, shall be used by the Department of	83217
Education in each year of the biennium to administer teacher	83218
certification and licensure functions pursuant to sections	83219
3301.071, 3301.074, 3301.50, 3301.51, 3319.088, 3319.22, 3319.24	83220
to 3319.28, 3319.281, 3319.282, 3319.29, 3319.301, 3319.31, and	83221
3319.51 of the Revised Code.	83222

SCHOOL DISTRICT SOLVENCY ASSISTANCE

83223

Of the foregoing appropriation item 200-687, School District	83224
Solvency Assistance, $9,000,000 in each fiscal year shall be	83225
allocated to the School District Shared Resource Account and	83226
$9,000,000 in each fiscal year shall be allocated to the	83227
Catastrophic Expenditures Account. These funds shall be used to	83228
provide assistance and grants to school districts to enable them	83229
to remain solvent pursuant to section 3316.20 of the Revised Code.	83230
Assistance and grants shall be subject to approval by the	83231
Controlling Board. Any required reimbursements from school	83232
districts for solvency assistance shall be made to the appropriate	83233
account in the School District Solvency Assistance Fund (Fund	83234
5H3).	83235

Section 40.19. HEAD START PLUS/HEAD START

83236

There is hereby established the Title IV-A Head Start Program	83237
to be administered by the Department of Education in accordance	83238
with an interagency agreement entered into with the Department of	83239
Job and Family Services under division (A)(2) of section 5101.801	83240
of the Revised Code. The program shall provide benefits and	83241
services to TANF eligible individuals pursuant to the requirements	83242
of section 5101.801 of the Revised Code. Upon approval by the	83243
Department of Job and Family Services, the Department of Education	83244
shall adopt policies and procedures establishing program	83245
requirements for eligibility, services, fiscal accountability, and	83246
other criteria necessary to comply with the provisions of Title	83247
IV-A of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	83248
301, as amended.	83249

The foregoing appropriation item 200-663, Head Start	83250
Plus/Head Start, shall be used to reimburse Title IV-A Head Start	83251
Plus and Title IV-A Head Start programs for services to children.	83252
The Department of Education shall administer the Title IV-A Head	83253
Start Plus and Title IV-A Head Start programs in accordance with	83254
an interagency agreement between the Departments of Education and	83255
Job and Family Services. Title IV-A Head Start Plus and Title IV-A	83256
Head Start providers shall meet all requirements as outlined in	83257
section 3301.311 of the Revised Code. The Department of Education	83258
shall adopt policies and procedures to establish a procedure for	83259
approving Title IV-A Head Start Plus and Title IV-A Head Start	83260
agencies.	83261

Of the foregoing appropriation item 200-663, Head Start	83262
Plus/Head Start, up to $57,170,000 in fiscal year 2004 shall be	83263
used to support the Title IV-A Head Start program. Up to two	83264
percent of this amount may be used by the Department of Education	83265
to provide associated program support and technical assistance.	83266

Of the foregoing appropriation item 200-663, Head Start	83267
Plus/Head Start, up to $85,000,000 in fiscal year 2005 shall be	83268
used to support the Title IV-A Head Start Plus initiative. Title	83269
IV-A Head Start Plus shall provide up to 10,000 slots of full-day,	83270
full-year programming for children at least three years of age and	83271
not kindergarten age eligible. The program shall meet the child	83272
care needs of low-income families who meet eligibility	83273
requirements established in rules and administrative orders	83274
adopted by the Ohio Department of Job and Family Services and	83275
provide early education and comprehensive services as provided	83276
through the Head Start program before the enactment of this act.	83277

Of the foregoing appropriation item 200-663, Head Start	83278
Plus/Head Start, up to $23,184,000 in fiscal year 2005 shall be	83279
used to support the Title IV-A Head Start program. This funding	83280
shall be used to support up to 4,000 slots of traditional half-day	83281
center-based, home-based, combination, or locally-designed option,	83282
Title IV-A Head Start services.	83283

Of the foregoing appropriation line item 200-663, Head Start	83284
Plus/Head Start, up to $2,000,000 in fiscal year 2005 may be used	83285
by the Department of Education to provide associated program	83286
support and technical assistance.	83287

For purposes of this section, "eligible child" means a child	83288
who is at least three years of age and not of compulsory school	83289
age whose family earns not more than 100 per cent of the federal	83290
poverty level, except as otherwise provided in the following	83291
paragraph.	83292

The Department of Education, in consultation with Title IV-A	83293
Head Start agencies and, beginning in July 1, 2004, Title IV-A	83294
Head Start Plus agencies, shall establish criteria under which	83295
these agencies may apply to the Department for a waiver to include	83296
as "eligible children" those children from families earning up to	83297
the level of eligibility established for child care subsidy by the	83298
Department of Job and Family Services who otherwise qualify as	83299
"eligible children" under the preceding paragraph.	83300

In order to serve children whose families receive child care	83301
subsidy, Title IV-A Head Start agencies may enroll children whose	83302
families receive child care subsidy from the Ohio Department of	83303
Job and Family Services. Title IV-A Head Start agencies providing	83304
full-day, full-year comprehensive services, or otherwise meeting	83305
the child care needs of working families, may partner with child	83306
care centers or family day care homes or may access child care	83307
subsidy directly. This provision is to meet the child care needs	83308
of low-income families who are working, in training or education	83309
programs, or participating in Ohio Works First approved	83310
activities.	83311

For fiscal year 2005, the Department of Education shall	83312
conduct a head count of the number of children served by Head	83313
Start agencies under this program in December 2003. Any funding	83314
appropriated to this program which the Department of Education	83315
projects is not necessary to provide services to children enrolled	83316
as of that count shall be returned to the Department of Job and	83317
Family Services for use as child care assistance.	83318

The Department of Education shall provide an annual report to	83319
the Governor, the Speaker of the House of Representatives, the	83320
President of the Senate, the State Board of Education, Title IV-A	83321
Head Start Plus and Title IV-A Head Start providers, and other	83322
interested parties regarding the Title IV-A Head Start Plus and	83323
Title IV-A Head Start program and performance indicators as	83324
outlined by the Department of Education.	83325

JOBS FOR OHIO GRADUATES PROGRAM

83326

Pursuant to an interagency agreement entered into between the	83327
Department of Job and Family Services and the Department of	83328
Education, $1,750,000 from Workforce Investment Act funds (Fund	83329
3V0), reserved for statewide workforce investment activities, in	83330
fiscal year 2004 and fiscal year 2005, shall be used to support	83331
the Jobs for Ohio Graduates programs administered by the	83332
Department of Education.	83333

AUXILIARY SERVICES REIMBURSEMENT

83334

Notwithstanding section 3317.064 of the Revised Code, if the	83335
unobligated cash balance is sufficient, the Treasurer of State	83336
shall transfer $1,500,000 in fiscal year 2004 within thirty days	83337
after the effective date of this section and $1,500,000 in fiscal	83338
year 2005 by August 1, 2004, from the Auxiliary Services Personnel	83339
Unemployment Compensation Fund to the Department of Education's	83340
Auxiliary Services Reimbursement Fund (Fund 598).	83341

Section 40.20.  LOTTERY PROFITS EDUCATION FUND

83342

Appropriation item 200-612, Base Cost Funding (Fund 017),	83343
shall be used in conjunction with appropriation item 200-501, Base	83344
Cost Funding (GRF), to provide payments to school districts	83345
pursuant to Chapter 3317. of the Revised Code.	83346

The Department of Education, with the approval of the	83347
Director of Budget and Management, shall determine the monthly	83348
distribution schedules of appropriation item 200-501, Base Cost	83349
Funding (GRF), and appropriation item 200-612, Base Cost Funding	83350
(Fund 017). If adjustments to the monthly distribution schedule	83351
are necessary, the Department of Education shall make such	83352
adjustments with the approval of the Director of Budget and	83353
Management.	83354

The Director of Budget and Management shall transfer via	83355
intrastate transfer voucher the amount appropriated under the	83356
Lottery Profits Education Fund for appropriation item 200-682,	83357
Lease Rental Payment Reimbursement, to the General Revenue Fund on	83358
a schedule determined by the director. These funds shall support	83359
the appropriation item 230-428, Lease Rental Payments (GRF), of	83360
the School Facilities Commission.	83361

* LOTTERY PROFITS TRANSFERS

83362

On or before the first day of May of each fiscal year, the	83363
Director of Budget and Management shall determine if lottery	83364
profits transfers will meet the appropriation amounts from the	83365
Lottery Profits Education Fund.	83366

Section 40.21.  LOTTERY PROFITS EDUCATION RESERVE FUND

83367

(A) There is hereby created the Lottery Profits Education	83368
Reserve Fund (Fund 018) in the State Treasury. At no time shall	83369
the amount to the credit of the fund exceed $75,000,000.	83370
Investment earnings of the Lottery Profits Education Reserve Fund	83371
shall be credited to the fund. Notwithstanding any provisions of	83372
law to the contrary, for fiscal years 2004 and 2005, there is	83373
appropriated to the Department of Education, from the Lottery	83374
Profits Education Reserve Fund, an amount necessary to make loans	83375
authorized by sections 3317.0210, 3317.0211, and 3317.62 of the	83376
Revised Code. All loan repayments from loans made in fiscal years	83377
1992, 1993, 1994, 1995, 1996, 1997, 1998, or 1999 shall be	83378
deposited into the credit of the Lottery Profits Education Reserve	83379
Fund.	83380

(B)(1) On or before July 15, 2003, the Director of Budget and	83381
Management shall determine the amount by which lottery profit	83382
transfers received by the Lottery Profits Education Fund for	83383
fiscal year 2003 exceed $637,722,600. The amount so certified	83384
shall be distributed in fiscal year 2004 pursuant to division (C)	83385
of this section.	83386

(2) On or before July 15, 2004, the Director of Budget and	83387
Management shall determine the amount by which lottery profit	83388
transfers received by the Lottery Profits Education Fund for	83389
fiscal year 2004 exceed $637,900,000. The amount so determined	83390
shall be distributed in fiscal year 2005 pursuant to division (D)	83391
of this section.	83392

The Director of Budget and Management shall annually certify	83393
the amounts determined pursuant to this section to the Speaker of	83394
the House of Representatives and the President of the Senate.	83395

(C) In fiscal year 2004, if there is a balance in the Lottery	83396
Profits Education Fund, the moneys shall be allocated as provided	83397
in this division. Any amounts so allocated are appropriated.	83398

An amount equal to five per cent of the estimated lottery	83399
profits of $637,722,600 in fiscal year 2003 or the amount	83400
remaining in the fund, whichever is the lesser amount, shall be	83401
transferred to the Lottery Profits Education Reserve Fund within	83402
the limitations specified in division (A) of this section and be	83403
reserved and shall not be available for allocation or distribution	83404
during fiscal year 2004. Any amounts exceeding $75,000,000 shall	83405
be distributed pursuant to division (E) of this section.	83406

(D) In fiscal year 2005, if there is a balance in the Lottery	83407
Profits Education Fund, the moneys shall be allocated as provided	83408
in this division. Any amounts so allocated are appropriated.	83409

An amount equal to five per cent of the estimated lottery	83410
profits transfers of $637,900,000 in fiscal year 2004 or the	83411
amount remaining in the fund, whichever is the lesser amount,	83412
shall be transferred to the Lottery Profits Education Reserve Fund	83413
within the limitations specified in division (A) of this section	83414
and be reserved and shall not be available for allocation or	83415
distribution during fiscal year 2005. Any amounts exceeding	83416
$75,000,000 shall be distributed pursuant to division (E) of this	83417
section.	83418

(E) In the appropriate fiscal year, any remaining amounts	83419
after the operations required by division (C) or (D) of this	83420
section, respectively, shall be transferred to the Public School	83421
Building Fund (Fund 021) and such amount is appropriated to	83422
appropriation item CAP-622, Public School Buildings, in the School	83423
Facilities Commission.	83424

Section 40.22. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT

83425

The foregoing appropriation item 200-900, School District	83426
Property Tax Replacement, shall be used by the Department of	83427
Education, in consultation with the Department of Taxation, to	83428
make payments to school districts and joint vocational school	83429
districts pursuant to section 5727.85 of the Revised Code.	83430

Section 40.23. * DISTRIBUTION FORMULAS

83431

The Department of Education shall report the following to the	83432
Director of Budget and Management, the Legislative Office of	83433
Education Oversight, and the Legislative Service Commission:	83434

(A) Changes in formulas for distributing state	83435
appropriations, including administratively defined formula	83436
factors;	83437

(B) Discretionary changes in formulas for distributing	83438
federal appropriations;	83439

(C) Federally mandated changes in formulas for distributing	83440
federal appropriations.	83441

Any such changes shall be reported two weeks prior to the	83442
effective date of the change.	83443

Section 40.24.  DISTRIBUTION - SCHOOL DISTRICT SUBSIDY	83444
PAYMENTS	83445

This section shall not take effect unless the Director of	83446
Budget and Management adopts an order putting it into effect and	83447
certifies a copy of the order to the Superintendent of Public	83448
Instruction and the Controlling Board.	83449

Notwithstanding any other provision of the Revised Code, the	83450
monthly distribution of payments made to school districts and	83451
educational service centers pursuant to section 3317.01 of the	83452
Revised Code for the first six months of each fiscal year shall	83453
equal, as nearly as possible, six and two-thirds per cent of the	83454
estimate of the amounts payable for each fiscal year. The monthly	83455
distribution of payments for the last six months of each fiscal	83456
year shall equal, as nearly as possible, ten per cent of the final	83457
calculation of the amounts payable to each school district for	83458
that fiscal year.	83459

The treasurer of each school district or educational service	83460
center may accrue, in addition to the payments defined in this	83461
section, to the accounts of the calendar years that end during	83462
each fiscal year, the difference between the sum of the first six	83463
months' payments in each fiscal year and the amounts the district	83464
would have received had the payments been made in, as nearly as	83465
possible in each fiscal year, twelve equal monthly payments.	83466

Notwithstanding the limitations on the amount of borrowing	83467
and time of payment provided for in section 133.10 of the Revised	83468
Code but subject to sections 133.26 and 133.30 of the Revised	83469
Code, a board of education of a school district may at any time	83470
between July 1, 2003, and December 31, 2003, or at any time	83471
between July 1, 2004, and December 31, 2004, borrow money to pay	83472
any necessary and actual expenses of the school district during	83473
the last six months of calendar years 2003 and 2004 and in	83474
anticipation of the receipt of any portion of the payments to be	83475
received by that district in the first six months of calendar	83476
years 2004 and 2005 representing the respective amounts accrued	83477
pursuant to the preceding paragraph, and issue notes to evidence	83478
that borrowing to mature not later than the thirtieth day of June	83479
of the calendar year following the calendar year in which such	83480
amount was borrowed. The principal amount borrowed in the last six	83481
months of calendar years 2003 or 2004 under this paragraph may not	83482
exceed the entire amount accrued or to be accrued by the district	83483
treasurer in those calendar years pursuant to the preceding	83484
paragraph. The proceeds of the notes shall be used only for the	83485
purposes for which the anticipated receipts are lawfully	83486
appropriated by the board of education. No board of education	83487
shall be required to use the authority granted by this paragraph.	83488
The receipts so anticipated, and additional amounts from	83489
distributions to the districts in the first six months of calendar	83490
years 2004 and 2005 pursuant to Chapter 3317. of the Revised Code	83491
needed to pay the interest on the notes, shall be deemed	83492
appropriated by the board of education to the extent necessary for	83493
the payment of the principal of and interest on the notes at	83494
maturity, and the amounts necessary to make those monthly	83495
distributions are appropriated from the General Revenue Fund. For	83496
the purpose of better ensuring the prompt payment of principal of	83497
and interest on the notes when due, the resolution of the board of	83498
education authorizing the notes may direct that the amount of the	83499
receipts anticipated, together with those additional amounts	83500
needed to pay the interest on the borrowed amounts, shall be	83501
deposited and segregated, in trust or otherwise, to the extent, at	83502
the time or times, and in the manner provided in that resolution.	83503
The borrowing authorized by this section does not constitute debt	83504
for purposes of section 133.04 of the Revised Code. School	83505
districts shall be reimbursed by the state for all necessary and	83506
actual costs to districts arising from this provision, including,	83507
without limitation, the interest paid on the notes while the notes	83508
are outstanding. The Department of Education shall adopt rules	83509
that are not inconsistent with this section for school district	83510
eligibility and application for reimbursement of such costs.	83511
Payments of these costs shall be made out of any anticipated	83512
balances in appropriation items distributed under Chapter 3317. of	83513
the Revised Code. The department shall submit all requests for	83514
reimbursement under these provisions to the Controlling Board for	83515
approval.	83516

During the last six months of each calendar year, instead of	83517
deducting the amount the Superintendent of Public Instruction	83518
would otherwise deduct from a school district's or educational	83519
service center's state aid payments in accordance with the	83520
certifications made for such year pursuant to sections 3307.56 and	83521
3309.51 of the Revised Code, the superintendent shall deduct an	83522
amount equal to forty per cent of the amount so certified. The	83523
secretaries of the retirement systems shall compute the	83524
certifications for the ensuing year under such sections as if the	83525
entire amounts certified as due in the calendar year ending the	83526
current fiscal year, but not deducted pursuant to this paragraph,	83527
had been deducted and paid in that calendar year. During the first	83528
six months of the ensuing calendar year, in addition to deducting	83529
the amounts the Superintendent of Public Instruction is required	83530
to deduct under such sections during such period, the	83531
superintendent shall deduct from a district's or educational	83532
service center's state aid payments an additional amount equal to	83533
the amount that was certified as due from the district for the	83534
calendar year that ends during the fiscal year, but that was not	83535
deducted because of this paragraph. The superintendent's	83536
certifications to the Director of Budget and Management during the	83537
first six months of the calendar year shall reflect such	83538
additional deduction.	83539

Section 40.25.  EDUCATIONAL SERVICE CENTERS FUNDING

83540

(A) As used in this section:

83541

(1) "Internet- or computer-based community school" has the	83542
same meaning as in section 3314.02 of the Revised Code.	83543

(2) "Service center ADM" has the same meaning as in section	83544
3317.11 of the Revised Code.	83545

(B) Notwithstanding division (F) of section 3317.11 of the	83546
Revised Code, no funds shall be provided under that division to an	83547
educational service center in either fiscal year for any pupils of	83548
a city or exempted village school district unless an agreement to	83549
provide services under section 3313.843 of the Revised Code was	83550
entered into by January 1, 1997, except that funds shall be	83551
provided to an educational service center for any pupils of a city	83552
school district if the agreement to provide services was entered	83553
into within one year of the date upon which such district changed	83554
from a local school district to a city school district.	83555

(C) Notwithstanding any provision of the Revised Code to the	83556
contrary, an educational service center that sponsors a community	83557
school under Chapter 3314. of the Revised Code in either fiscal	83558
year may include the students of that community school in its	83559
service center ADM for purposes of state funding under division	83560
(F) of section 3317.11 of the Revised Code, unless the community	83561
school is an Internet- or computer-based community school. A	83562
service center shall include the community school students in its	83563
service center ADM only to the extent that the students are not	83564
already so included, and only in accordance with guidelines issued	83565
by the Department of Education. If the students of a community	83566
school sponsored by an educational service center are included in	83567
the service center ADM of another educational service center,	83568
those students shall be removed from the service center ADM of the	83569
other educational service center and added to the service center	83570
ADM of the community school's sponsoring service center. The	83571
General Assembly authorizes this procedure as an incentive for	83572
educational service centers to take over sponsorship of community	83573
schools from the State Board of Education as the State Board's	83574
sponsorship is phased out in accordance with Sub. H.B. 364 of the	83575
124th General Assembly. No student of an Internet- or	83576
computer-based community school shall be counted in the service	83577
center ADM of any educational service center. The Department shall	83578
pay educational service centers under division (F) of section	83579
3317.11 of the Revised Code for community school students included	83580
in their service center ADMs under this division only if	83581
sufficient funds earmarked within appropriation item 200-501, Base	83582
Cost Funding, for payments under that division remain after first	83583
paying for students attributable to their local and client school	83584
districts, in accordance with divisions (B) and (D) of this	83585
section.	83586

(D) If insufficient funds are earmarked within appropriation	83587
item 200-501, Base Cost Funding, for payments under division (F)	83588
of section 3317.11 of the Revised Code and division (C) of this	83589
section in fiscal year 2004 or fiscal year 2005, the Department	83590
shall prioritize the distribution of the earmarked funds as	83591
follows:	83592

(1) The Department shall first distribute to each educational	83593
service center the per-student amount specified in division (F) of	83594
section 3317.11 of the Revised Code for each student in its	83595
service center ADM attributable to the local school districts	83596
within the service center's territory.	83597

(2) The Department shall distribute the remaining funds in	83598
each fiscal year to each educational service center for the	83599
students in its service center ADM attributable to each city and	83600
exempted village school district that had entered into an	83601
agreement with an educational service center for that fiscal year	83602
under section 3313.843 of the Revised Code by January 1, 1997, up	83603
to the per-student amount specified in division (F) of section	83604
3317.11 of the Revised Code. If insufficient funds remain to pay	83605
each service center the full amount specified in division (F) of	83606
that section for each such student, the Department shall	83607
distribute the remaining funds to each service center	83608
proportionally, on a per-student basis for each such student,	83609
unless that proportional per-student amount exceeds the amount	83610
specified in division (F)(1) of that section. In that case, the	83611
Department shall distribute the per-student amount specified in	83612
division (F)(1) of that section to each service center for each	83613
such student and shall distribute the remainder proportionally, on	83614
a per-student basis for each such student, to the multi-county	83615
service centers described in division (F)(2) of that section.	83616

(3) If the Department has paid each service center under	83617
divisions (D)(1) and (2) of this section, the full amount	83618
specified in division (F) of section 3317.11 of the Revised Code	83619
for each student attributable to its local school districts and	83620
its client school districts described in division (D)(2) of this	83621
section the Department shall distribute any remaining funds	83622
proportionally, on a per-student basis, to each service center	83623
that sponsors a community school, other than an Internet- or	83624
computer-based community school, for the students included in the	83625
service center ADM under division (C) of this section. These	83626
payments shall not exceed per student the amount specified in	83627
division (F) of section 3317.11 of the Revised Code.	83628

Section 40.26. * For the school year commencing July 1, 2003,	83629
or the school year commencing July 1, 2004, or both, the	83630
Superintendent of Public Instruction may waive for the board of	83631
education of any school district the ratio of teachers to pupils	83632
in kindergarten through fourth grade required under paragraph	83633
(A)(3) of rule 3301-35-05 of the Administrative Code if the	83634
following conditions apply:	83635

(A) The board of education requests the waiver.

83636

(B) After the Department of Education conducts an on-site	83637
evaluation of the district related to meeting the required ratio,	83638
the board of education demonstrates to the satisfaction of the	83639
Superintendent of Public Instruction that providing the facilities	83640
necessary to meet the required ratio during the district's regular	83641
school hours with pupils in attendance would impose an extreme	83642
hardship on the district.	83643

(C) The board of education provides assurances that are	83644
satisfactory to the Superintendent of Public Instruction that the	83645
board will act in good faith to meet the required ratio as soon as	83646
possible.	83647

Section 40.27.  PRIVATE TREATMENT FACILITY PILOT PROJECT

83648

(A) As used in this section:

83649

(1) The following are "participating residential treatment	83650
centers":	83651

(a) Private residential treatment facilities that have	83652
entered into a contract with the Department of Youth Services to	83653
provide services to children placed at the facility by the	83654
Department and which, in fiscal year 2004 or fiscal year 2005 or	83655
both, the Department pays through appropriation item 470-401, Care	83656
and Custody;	83657

(b) Abraxas, in Shelby;

83658

(c) Paint Creek, in Bainbridge;

83659

(d) Act One, in Akron;

83660

(e) Friars Club, in Cincinnati.

83661

(2) "Education program" means an elementary or secondary	83662
education program or a special education program and related	83663
services.	83664

(3) "Served child" means any child receiving an education	83665
program pursuant to division (B) of this section.	83666

(4) "School district responsible for tuition" means a city,	83667
exempted village, or local school district that, if tuition	83668
payment for a child by a school district is required under law	83669
that existed in fiscal year 1998, is the school district required	83670
to pay that tuition.	83671

(5) "Residential child" means a child who resides in a	83672
participating residential treatment center and who is receiving an	83673
educational program under division (B) of this section.	83674

(B) A youth who is a resident of the state and has been	83675
assigned by a juvenile court or other authorized agency to a	83676
residential treatment facility specified in division (A) of this	83677
section shall be enrolled in an approved educational program	83678
located in or near the facility. Approval of the educational	83679
program shall be contingent upon compliance with the criteria	83680
established for such programs by the Department of Education. The	83681
educational program shall be provided by a school district or	83682
educational service center, or by the residential facility itself.	83683
Maximum flexibility shall be given to the residential treatment	83684
facility to determine the provider. In the event that a voluntary	83685
agreement cannot be reached and the residential facility does not	83686
choose to provide the educational program, the educational service	83687
center in the county in which the facility is located shall	83688
provide the educational program at the treatment center to	83689
children under twenty-two years of age residing in the treatment	83690
center.	83691

(C) Any school district responsible for tuition for a	83692
residential child shall, notwithstanding any conflicting provision	83693
of the Revised Code regarding tuition payment, pay tuition for the	83694
child for fiscal year 2004 and fiscal year 2005 to the education	83695
program provider and in the amount specified in this division. If	83696
there is no school district responsible for tuition for a	83697
residential child and if the participating residential treatment	83698
center to which the child is assigned is located in the city,	83699
exempted village, or local school district that, if the child were	83700
not a resident of that treatment center, would be the school	83701
district where the child is entitled to attend school under	83702
sections 3313.64 and 3313.65 of the Revised Code, that school	83703
district, notwithstanding any conflicting provision of the Revised	83704
Code, shall pay tuition for the child for fiscal year 2004 and	83705
fiscal year 2005 under this division unless that school district	83706
is providing the educational program to the child under division	83707
(B) of this section.	83708

A tuition payment under this division shall be made to the	83709
school district, educational service center, or residential	83710
treatment facility providing the educational program to the child.	83711

The amount of tuition paid shall be:

83712

(1) The amount of tuition determined for the district under	83713
division (A) of section 3317.08 of the Revised Code;	83714

(2) In addition, for any student receiving special education	83715
pursuant to an individualized education program as defined in	83716
section 3323.01 of the Revised Code, a payment for excess costs.	83717
This payment shall equal the actual cost to the school district,	83718
educational service center, or residential treatment facility of	83719
providing special education and related services to the student	83720
pursuant to the student's individualized education program, minus	83721
the tuition paid for the child under division (C)(1) of this	83722
section.	83723

A school district paying tuition under this division shall	83724
not include the child for whom tuition is paid in the district's	83725
average daily membership certified under division (A) of section	83726
3317.03 of the Revised Code.	83727

(D) In each of fiscal years 2004 and 2005, the Department of	83728
Education shall reimburse, from appropriations made for the	83729
purpose, a school district, educational service center, or	83730
residential treatment facility, whichever is providing the	83731
service, that has demonstrated that it is in compliance with the	83732
funding criteria for each served child for whom a school district	83733
must pay tuition under division (C) of this section. The amount of	83734
the reimbursement shall be the formula amount specified in section	83735
3317.022 of the Revised Code, except that the department shall	83736
proportionately reduce this reimbursement if sufficient funds are	83737
not available to pay this amount to all qualified providers.	83738

(E) Funds provided to a school district, educational service	83739
center, or residential treatment facility under this section shall	83740
be used to supplement, not supplant, funds from other public	83741
sources for which the school district, service center, or	83742
residential treatment facility is entitled or eligible.	83743

(F) The Department of Education shall track the utilization	83744
of funds provided to school districts, educational service	83745
centers, and residential treatment facilities under this section	83746
and monitor the effect of the funding on the educational programs	83747
they provide in participating residential treatment facilities.	83748
The department shall monitor the programs for educational	83749
accountability.	83750

Section 40.28.  SCHOOL DISTRICT PARTICIPATION IN NATIONAL	83751
ASSESSMENT OF EDUCATION PROGRESS	83752

The General Assembly intends for the Superintendent of Public	83753
Instruction to provide for school district participation in the	83754
administration of the National Assessment of Education Progress in	83755
accordance with section 3301.27 of the Revised Code. Each school	83756
and school district selected for participation by the	83757
Superintendent of Public Instruction shall participate.	83758

Section 40.29.  Notwithstanding division (C)(1) of section	83759
3313.975 of the Revised Code, in addition to students in	83760
kindergarten through third grade, initial scholarships may be	83761
awarded to fourth, fifth, sixth, seventh, and eighth grade	83762
students in fiscal year 2004 and in fiscal year 2005.	83763

Section 40.30. STATEMENT OF STATE SHARE PERCENTAGE FOR BASE	83764
COST AND PARITY AID FUNDING	83765

Pursuant to division (D)(3) of section 3317.012 of the	83766
Revised Code, and based on the most recent data available prior to	83767
the enactment of this act, the General Assembly has determined	83768
that the state share percentage of base cost and parity aid	83769
funding for the update year (fiscal year 2002) is 49.0%. This is	83770
the target percentage for fiscal year 2004 and fiscal year 2005	83771
that the General Assembly shall use to fulfill its obligation	83772
under division (D)(4) of section 3317.012 of the Revised Code.	83773

Pursuant to division (D)(4) of section 3317.012 of the	83774
Revised Code, and based on the most recent data available prior to	83775
the enactment of this act, the General Assembly has determined	83776
that the state share percentage of base cost and parity aid	83777
funding for fiscal year 2004 is 46.5% and for fiscal year 2005 is	83778
48.6%. This determination fulfills the General Assembly's	83779
obligation under that division for fiscal year 2004 and fiscal	83780
year 2005.	83781

Section 40.31. DEPARTMENT OF EDUCATION APPROPRIATION	83782
TRANSFERS FOR STUDENT ASSESSMENT	83783

In fiscal year 2004 and fiscal year 2005, if the	83784
Superintendent of Public Instruction determines that additional	83785
funds are needed to fully fund the requirements of Am. Sub. S.B. 1	83786
of the 124th General Assembly for assessments of student	83787
performance, the Superintendent of Public Instruction may	83788
recommend the reallocation of unspent and unencumbered	83789
appropriations within the Department of Education to the General	83790
Revenue Fund appropriation item 200-437, Student Assessment, to	83791
the Director of Budget and Management. If the Director of Budget	83792
and Management determines that such a reallocation is required,	83793
the Director of Budget and Management may transfer unspent and	83794
unencumbered funds within the Department of Education as necessary	83795
to appropriation item 200-437, Student Assessment.	83796

Section 40.34a. The amendments by this act to division (C)(4)	83797
of section 3313.981, division (B)(2)(e) of section 3314.08,	83798
division (A)(4) of section 3317.023, and division (A)(3) of	83799
section 3317.03 of the Revised Code shall not apply in fiscal year	83800
2004. In fiscal year 2004, the Department of Education shall	83801
implement those divisions as if they accounted for one-fourth of	83802
joint vocational school district students, as they did prior to	83803
the effective date of those amendments. Those divisions, as	83804
amended by this act to reduce the percentage of joint vocational	83805
school district students accounted for from one-fourth to ten per	83806
cent, shall apply beginning in fiscal year 2005.	83807

Section 40.35. (A) As used in this section:

83808

(1) "IEP" has the same meaning as in section 3314.08 of the	83809
Revised Code.	83810

(2) "SBH student" means a student receiving special education	83811
and related services for severe behavior handicap conditions	83812
pursuant to an IEP.	83813

(B) This section applies only to a community school	83814
established under Chapter 3314. of the Revised Code that in each	83815
of fiscal years 2004 and 2005 enrolls a number of SBH students	83816
equal to at least fifty per cent of the total number of students	83817
enrolled in the school in the applicable fiscal year.	83818

(C) In addition to any payments made under section 3314.08 of	83819
the Revised Code, in each of fiscal years 2004 and 2005 the	83820
Department of Education shall pay to a community school a subsidy	83821
equal to the difference between the aggregate amount calculated	83822
and paid in that fiscal year to the community school for special	83823
education and related services additional weighted costs for the	83824
SBH students enrolled in the school and the aggregate amount that	83825
would have been calculated for the school for special education	83826
and related services additional weighted costs for those same	83827
students in fiscal year 2001. If the difference is a negative	83828
number, the amount of the subsidy shall be zero.	83829

(D) The amount of any subsidy paid to a community school	83830
under this section shall not be deducted from any moneys	83831
calculated under Chapter 3317. of the Revised Code for payment to	83832
a school district in which any of its students are entitled to	83833
attend school under section 3313.64 or 3313.65 of the Revised	83834
Code.	83835

The amount of any subsidy paid to a community school under	83836
this section shall be paid from the amount appropriated to the	83837
Department of Education in appropriation item 200-501, Base Cost	83838
Funding.	83839

Section 40.36. (A) As used in this section:

83840

(1) "Entitled to attend school" means entitled to attend	83841
school in a school district under section 3313.64 and 3313.65 of	83842
the Revised Code.	83843

(2) "Formula ADM" and "category six special education ADM"	83844
have the same meanings as in section 3317.02 of the Revised Code.	83845

(3) "Individualized education program" has the same meaning	83846
as in section 3323.01 of the Revised Code.	83847

(4) "Parent" has the same meaning as in section 3313.64 of	83848
the Revised Code.	83849

(5) "Qualified special education child" is a child for whom	83850
all of the following conditions apply:	83851

(a) The school district in which the child is entitled to	83852
attend school has identified the child as autistic;	83853

(b) The school district in which the child is entitled to	83854
attend school has developed an individualized education program	83855
under Chapter 3323. of the Revised Code for the child;	83856

(c) The child either:

83857

(i) Was enrolled in the school district in which the child is	83858
entitled to attend school in any grade from preschool through	83859
twelve in the school year prior to the year in which a scholarship	83860
under this section is first sought for the child;	83861

(ii) Is eligible to enter school in any grade preschool	83862
through twelve in the school district in which the child is	83863
entitled to attend school in the school year in which a	83864
scholarship under this section is first sought for the child.	83865

(6) "Registered private provider" means a nonpublic school or	83866
other nonpublic entity that has been approved by the Department of	83867
Education to participate in the program established under this	83868
section.	83869

(B) There is hereby established the Pilot Project Special	83870
Education Scholarship Program. Under the program, in fiscal years	83871
2004 and 2005, the Department of Education shall pay a scholarship	83872
to the parent of each qualified special education child upon	83873
application of that parent pursuant to procedures and deadlines	83874
established by rule of the State Board of Education. Each	83875
scholarship shall be used only to pay tuition for the child on	83876
whose behalf the scholarship is awarded to attend a special	83877
education program that implements the child's individualized	83878
education program and that is operated by a school district other	83879
than the school district in which the child is entitled to attend	83880
school or by another public entity, to either of which under law	83881
the parent is required to pay tuition on behalf of the child, or	83882
by a registered private provider. Each scholarship shall be in an	83883
amount not to exceed the lesser of the tuition charged for the	83884
child by the special education program or fifteen thousand	83885
dollars. The purpose of the scholarship is to permit the parent of	83886
a qualified special education child the choice to send the child	83887
to a special education program, instead of, or in addition to, the	83888
one operated by or for the school district in which the child is	83889
entitled to attend school, to receive the services prescribed in	83890
the child's individualized education program. A scholarship under	83891
this section shall not be awarded to the parent of a child who	83892
attends a public special education program under a contract,	83893
compact, or other bilateral agreement between the school district	83894
in which the child is entitled to attend school and another school	83895
district or other public provider or to the parent of a child who	83896
attends a community school established under Chapter 3314. of the	83897
Revised Code. A child attending a special education program with a	83898
scholarship under this section shall continue to be entitled to	83899
transportation to and from that program in the manner prescribed	83900
by law.	83901

(C)(1) Notwithstanding anything to the contrary in the	83902
Revised Code, a child for whom a scholarship is awarded under this	83903
section shall be counted in the formula ADM and the category six	83904
special education ADM of the district in which the child is	83905
entitled to attend school and not in the formula ADM and the	83906
category six special education ADM of any other school district.	83907

(2) In each fiscal year, the Department shall deduct from the	83908
amounts paid to each school district under Chapter 3317. of the	83909
Revised Code, and, if necessary, sections 321.24 and 323.156 of	83910
the Revised Code, the aggregate amount of scholarships awarded	83911
under this section for qualified special education children	83912
included in the formula ADM and category six special education ADM	83913
of that school district as provided in division (C)(1) of this	83914
section. The scholarships deducted shall be considered as an	83915
approved special education and related services expense for the	83916
purpose of the school district's compliance with division (C)(5)	83917
of section 3317.022 of the Revised Code.	83918

(3) From time to time, the Department shall make a payment to	83919
the parent of each qualified special education child for whom a	83920
scholarship has been awarded under this section. The scholarship	83921
amount shall be proportionately reduced in the case of any such	83922
child who is not enrolled in the special education program for	83923
which a scholarship was awarded under this section for the entire	83924
school year.	83925

(D) A scholarship shall not be paid to a parent for payment	83926
of tuition owed to a nonpublic entity unless that entity is a	83927
registered private provider. The Department shall approve entities	83928
that meet the standards established by rule of the State Board for	83929
the program established under this section.	83930

(E) The State Board shall adopt rules in accordance with	83931
Chapter 119. of the Revised Code prescribing procedures necessary	83932
to implement this section, including, but not limited to,	83933
procedures and deadlines for parents to apply for scholarships,	83934
standards for registered private providers, and procedures for	83935
approval of entities as registered private providers. The Board	83936
shall adopt the rules so that the program established under this	83937
section is operational by January 1, 2004.	83938

(F) The Legislative Office of Education Oversight shall	83939
conduct a formative evaluation of the program established under	83940
this section and shall report its findings to the General Assembly	83941
not later than March 1, 2005. In conducting the evaluation, the	83942
Office shall to the extent possible gather comments from parents	83943
who have been awarded scholarships under the program, school	83944
district officials, representatives of registered private	83945
providers, educators, and representatives of educational	83946
organizations for inclusion in the report required under this	83947
section. The report required under this section is not subject to	83948
the provision prescribed in the last paragraph of section 3301.68	83949
of the Revised Code.	83950

Section 40.37. (A) Not later than January 31, 2004, the	83951
department of education shall recommend to the general assembly,	83952
in consultation with stakeholders, plans for an Ohio Regional	83953
Education Delivery System to provide services and technical	83954
assistance to school districts. The recommendations shall address	83955
how the system should provide services currently provided by	83956
educational service centers, regional professional development	83957
centers, special education regional resource centers, area media	83958
centers, school improvement facilitators, Ohio SchoolNet regional	83959
services, data acquisition sites, educational technology centers,	83960
and other regional service providers. The department shall also	83961
recommend that the system provide services and technical	83962
assistance to chartered nonpublic schools to assist these schools	83963
in meeting Ohio's statutory and administrative code provisions	83964
applicable to such schools. However, the recommendations shall	83965
specify that in providing services to chartered nonpublic schools,	83966
the system is not required to create additional services or	83967
technical assistance beyond those provided to school districts.	83968

(B) The regional service centers recommended under the Ohio	83969
Regional Education Delivery System shall be distributed	83970
geographically throughout the state.	83971

(C) The department, in consultation with stakeholders, shall	83972
recommend an accountability system for the Ohio Regional Education	83973
Delivery System. The recommended accountability system shall	83974
include minimum standards for operation and the provision of	83975
services. It shall also include benchmarks against performance	83976
measures based on each of the following:	83977

(1) Student achievement;

83978

(2) The effectiveness and efficiency of service delivery;

83979

(3) The quality of implementation of state initiatives;

83980

(4) Satisfaction expressed by school districts and other	83981
entities that use the Ohio Regional Education Delivery System with	83982
the quality of the system.	83983

(D) If the Department and stakeholders are unable to reach an	83984
agreement on plans for the Ohio Regional Education Delivery System	83985
by January 31, 2004, as required by division (A) of this section,	83986
the Department shall develop such plans on its own and recommend	83987
them to the General Assembly not later than February 15, 2004.	83988

Section 40.38. (A) There is hereby created the Head Start	83989
Partnership Study Council consisting of the following seventeen	83990
members:	83991

(1) Two employees of the Department of Job and Family	83992
Services appointed by the Director of Job and Family Services;	83993

(2) Two employees of the Department of Education appointed by	83994
the Superintendent of Public Instruction;	83995

(3) Three members of the House of Representatives, not more	83996
than two of whom are members of the same political party,	83997
appointed by the Speaker of the House of Representatives;	83998

(4) Three members of the Senate, not more two of whom are	83999
members of the same political party, appointed by the President of	84000
the Senate;	84001

(5) Two representatives of Head Start agencies appointed by	84002
the Ohio Head Start Association;	84003

(6) Two representatives of child care providers appointed by	84004
the Ohio Association of Child Care Providers;	84005

(7) One representative appointed by the Ohio Day Care	84006
Council;	84007

(8) One representative appointed by the County Commissioner's	84008
Association of Ohio;	84009

(9) One representative appointed by the Association of	84010
Directors of County Departments of Job and Family Services.	84011

Initial appointments of members shall be made not later than	84012
September 1, 2003. Vacancies in any of those appointments shall be	84013
filled in the same manner as original appointments.	84014

The Speaker of the House of Representatives and the President	84015
of the Senate jointly shall appoint the chairperson of the	84016
Council.	84017

Members of the Council shall serve without compensation.

84018

(B) In fiscal year 2004, the Council shall advise the	84019
Departments of Education and Job and Family Services in planning	84020
for the implementation of the Title IV-A Head Start Plus Program	84021
as established under sections 3301.33 and 3301.35 of the Revised	84022
Code and shall report to the General Assembly on the plans for	84023
that program by December 31, 2003.	84024

(C) In fiscal year 2005, the Council shall monitor the	84025
implementation of the Title IV-A Head Start Plus Program as	84026
established under sections 3301.33 and 3301.35 of the Revised Code	84027
and provide advice to the Departments of Education and Job and	84028
Family Services in that implementation.	84029

(D) Unless reauthorized by the General Assembly, the Council	84030
shall cease to exist on July 1, 2005.	84031

Section 40.39. (A) In the 2004-2005 and 2005-2006 school	84032
years, before a student identified with disabilities may begin	84033
receiving services for the first time under an individualized	84034
education program, as defined in section 3323.01 of the Revised	84035
Code, the school district in which that student is enrolled shall	84036
require the student to undergo a comprehensive eye examination	84037
performed either by an optometrist licensed under Chapter 4725. of	84038
the Revised Code or by a physician authorized under Chapter 4731.	84039
of the Revised Code to practice medicine and surgery or	84040
osteopathic medicine and surgery who is comprehensively trained	84041
and educated in the treatment of the human eye, eye disease, or	84042
comprehensive vision services.	84043

(B) The superintendent of each school district or the	84044
superintendent's designee may determine fulfillment of the	84045
requirement prescribed in division (A) of this section based on	84046
any special circumstances of the student, the student's parent,	84047
guardian, or family that may prevent the student from undergoing	84048
the eye examination prior to beginning special education services.	84049

(C) Neither the state nor any school district shall be	84050
responsible for paying for the eye examination required by this	84051
section.	84052

(D) The Director of Health shall, in accordance with Chapter	84053
119. of the Revised Code, adopt a rule that defines for purposes	84054
of this section "comprehensively trained and educated in the	84055
treatment of the human eye, eye disease, or comprehensive vision	84056
services" and shall adopt any other rules necessary for the	84057
implementation of this section.	84058

Section 40.40. TRANSITIONAL AID

84059

The Department of Education shall distribute earmarked funds	84060
within appropriation item 200-501, Base Cost Funding, for	84061
transitional aid in each fiscal year to each city, local, and	84062
exempted village school district that experiences a decrease in	84063
its SF-3 funding plus charge-off supplement for the current fiscal	84064
year in excess of five per cent of its SF-3 funding plus	84065
charge-off supplement for the previous fiscal year. The Department	84066
shall distribute to each such district an amount to reduce the	84067
decrease to five per cent of the district's SF-3 funding plus	84068
charge-off supplement for the previous fiscal year. For this	84069
purpose, "SF-3 funding plus charge-off supplement" equals the sum	84070
of the following:	84071

(A) Base cost funding under division (A) of section 3317.022	84072
of the Revised Code;	84073

(B) Special education and related services additional	84074
weighted funding under division (C)(1) of section 3317.022 of the	84075
Revised Code;	84076

(C) Speech services funding under division (C)(4) of section	84077
3317.022 of the Revised Code;	84078

(D) Vocational education additional weighted funding under	84079
division (E) of section 3317.022 of the Revised Code;	84080

(E) GRADS funding under division (R) of section 3317.024 of	84081
the Revised Code;	84082

(F) Adjustments for classroom teachers and educational	84083
service personnel under divisions (B), (C), and (D) of section	84084
3317.023 of the Revised Code;	84085

(G) Disadvantaged Pupil Impact Aid under section 3317.029 of	84086
the Revised Code;	84087

(H) Gifted education units under division (F) of section	84088
3317.05 of the Revised Code;	84089

(I) Equity aid under section 3317.0213 of the Revised Code;

84090

(J) Transportation under division (D) of section 3317.022 of	84091
the Revised Code;	84092

(K) The state aid guarantee under section 3317.0212 of the	84093
Revised Code;	84094

(L) The excess cost supplement under division (F) of section	84095
3317.022 of the Revised Code;	84096

(M) Parity aid under section 3317.0217 of the Revised Code;

84097

(N) The reappraisal guarantee under division (C) of section	84098
3317.04 of the Revised Code;	84099

(O) The charge-off supplement under section 3317.0216 of the	84100
Revised Code.	84101

Section 41.  OEB OHIO EDUCATIONAL TELECOMMUNICATIONS NETWORK	84102
COMMISSION	84103

General Revenue Fund

84104

General Services Fund Group

84113

STATEHOUSE NEWS BUREAU

84119

The foregoing appropriation item 374-401, Statehouse News	84120
Bureau, shall be used solely to support the operations of the Ohio	84121
Statehouse News Bureau.	84122

OHIO GOVERNMENT TELECOMMUNICATIONS STUDIO

84123

The foregoing appropriation item 374-402, Ohio Government	84124
Telecommunications Studio, shall be used solely to support the	84125
operations of the Ohio Government Telecommunications Studio.	84126

OHIO SONET

84127

The foregoing appropriation item 374-403, Ohio SONET, shall	84128
be used by the Ohio Educational Telecommunications Network	84129
Commission to pay monthly operating expenses and maintenance of	84130
the television and radio transmission infrastructure.	84131

TELECOMMUNICATIONS OPERATING SUBSIDY

84132

The foregoing appropriation item 374-404, Telecommunications	84133
Operating Subsidy, shall be distributed by the Ohio Educational	84134
Telecommunications Network Commission to Ohio's qualified public	84135
educational television stations, radio reading services, and	84136
educational radio stations to support their operations. The funds	84137
shall be distributed pursuant to an allocation developed by the	84138
Ohio Educational Telecommunications Network Commission.	84139

Section 42.  ELC OHIO ELECTIONS COMMISSION

84140

General Revenue Fund

84141

State Special Revenue Fund Group

84144

Section 43.  FUN STATE BOARD OF EMBALMERS AND FUNERAL	84151
DIRECTORS	84152

General Services Fund Group

84153

Section 44.  ERB STATE EMPLOYMENT RELATIONS BOARD

84159

General Revenue Fund

84160

General Services Fund Group

84163

Section 45.  ENG STATE BOARD OF ENGINEERS AND SURVEYORS

84169

General Services Fund Group

84170

Section 46.  EPA ENVIRONMENTAL PROTECTION AGENCY

84176

General Revenue Fund

84177

General Services Fund Group

84189

Federal Special Revenue Fund Group

84195

State Special Revenue Fund Group

84214

CENTRAL SUPPORT INDIRECT

84247

Notwithstanding any other provision of law to the contrary,	84248
the Director of Environmental Protection, with the approval of the	84249
Director of Budget and Management, shall utilize a methodology for	84250
determining each division's payments into the Central Support	84251
Indirect Fund (Fund 219). The methodology used shall contain the	84252
characteristics of administrative ease and uniform application.	84253
Payments to the Central Support Indirect Fund (Fund 219) shall be	84254
made using an intrastate transfer voucher.	84255

CLEAN OHIO - OPERATING

84256

The foregoing appropriation item 715-607, Clean Ohio -	84257
Operating, shall be used by the Ohio Environmental Protection	84258
Agency in administering sections 122.65 to 122.658 of the Revised	84259
Code.	84260

Section 47.  EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

84261

General Revenue Fund

84262

Section 48.  ETH OHIO ETHICS COMMISSION

84267

General Revenue Fund

84268

General Services Fund Group

84271

Section 49.  EXP OHIO EXPOSITIONS COMMISSION

84277

General Revenue Fund

84278

State Special Revenue Fund Group

84281

STATE FAIR RESERVE

84288

The foregoing appropriation item 723-603, State Fair Reserve,	84289
shall serve as a budget reserve fund for the Ohio Expositions	84290
Commission in the event of a significant decline in attendance due	84291
to inclement weather or extraordinary circumstances during the	84292
Ohio State Fair resulting in a loss of revenue. The State Fair	84293
Reserve may be used by the Ohio Expositions Commission to pay	84294
bills resulting from the Ohio State Fair only if all the following	84295
criteria are met:	84296

(A) Admission revenues for the 2003 Ohio State Fair are less	84297
than $2,542,500 or admission revenues for the 2004 Ohio State Fair	84298
are less than $2,619,000 due to inclement weather or extraordinary	84299
circumstances. These amounts are ninety per cent of the projected	84300
admission revenues for each year.	84301

(B) The Ohio Expositions Commission declares a state of	84302
fiscal exigency and requests release of funds by the Director of	84303
Budget and Management.	84304

(C) The Director of Budget and Management releases the funds.	84305
The Director of Budget and Management may approve or disapprove	84306
the request for release of funds, may increase or decrease the	84307
amount of release, and may place such conditions as the director	84308
considers necessary on the use of the released funds. The Director	84309
of Budget and Management may transfer appropriation authority from	84310
fiscal year 2004 to fiscal year 2005 as needed.	84311

In the event that the Ohio Expositions Commission faces a	84312
temporary cash shortage that will preclude it from meeting current	84313
obligations, the Commission may request the Director of Budget and	84314
Management to approve use of the State Fair Reserve to meet those	84315
obligations. The request shall include a plan describing how the	84316
Commission will eliminate the cash shortage. If the Director of	84317
Budget and Management approves the expenditures, the Commission	84318
shall reimburse Fund 640 by the thirtieth day of June of that same	84319
fiscal year through an intrastate transfer voucher. The amount	84320
reimbursed is hereby appropriated.	84321

Section 50.  GOV OFFICE OF THE GOVERNOR

84322

General Revenue Fund

84323

General Services Fund Group

84328

APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR

84332

The Governor may expend a portion of the foregoing	84333
appropriation item 040-321, Operating Expenses, to hire or appoint	84334
legal counsel to be used in proceedings involving the Governor in	84335
the Governor's official capacity or the Governor's office only,	84336
without the approval of the Attorney General, notwithstanding	84337
sections 109.02 and 109.07 of the Revised Code.	84338

FEDERAL RELATIONS

84339

A portion of the foregoing appropriation items 040-403,	84340
Federal Relations, and 040-607, Federal Relations, may be used to	84341
support Ohio's membership in national or regional associations.	84342

The Office of the Governor may charge any state agency of the	84343
executive branch using an intrastate transfer voucher such amounts	84344
necessary to defray the costs incurred for the conduct of federal	84345
relations associated with issues that can be attributed to the	84346
agency. Amounts collected shall be deposited to the Office of the	84347
Governor Federal Relations Fund (Fund 412).	84348

Section 51.  DOH DEPARTMENT OF HEALTH

84349

General Revenue Fund

84350

General Services Fund Group

84370

Federal Special Revenue Fund Group

84379

State Special Revenue Fund Group

84387

Holding Account Redistribution Fund Group

84408

Section 51.01. CANCER REGISTRY SYSTEM

84415

Of the foregoing appropriation item 440-412, Cancer Incidence	84416
Surveillance System, not more than $50,000 in each fiscal year	84417
shall be provided to Health Comp, Inc.	84418

The remaining moneys in appropriation item 440-412, Cancer	84419
Incidence Surveillance System, shall be used to maintain and	84420
operate the Ohio Cancer Incidence Surveillance System pursuant to	84421
sections 3701.261 to 3701.263 of the Revised Code.	84422

HEALTHY COMMUNITIES

84423

Of the foregoing appropriation item 440-413, Healthy	84424
Communities, $50,000 in each fiscal year shall be allocated to the	84425
Columbus Yassenoff Jewish Community Center to fund nutrition and	84426
exercise education for children ages eight to thirteen.	84427

CHILD AND FAMILY HEALTH SERVICES

84428

Of the foregoing appropriation item 440-416, Child and Family	84429
Health Services, $1,700,000 in each fiscal year shall be used for	84430
women's health services. None of the funds received through these	84431
grants shall be used to provide abortion services. None of the	84432
funds received through these grants shall be used for counseling	84433
for or referrals for abortion, except in the case of a medical	84434
emergency. These funds shall be distributed by the Director of	84435
Health to programs that the Department of Health determines will	84436
provide services that are physically and financially separate from	84437
abortion-providing and abortion-promoting activities, and that do	84438
not include counseling for or referrals for abortion, other than	84439
in the case of medical emergency.	84440

These women's health services include and are limited to the	84441
following: pelvic exams and lab testing; breast exams and patient	84442
education on breast cancer; screening for cervical cancer;	84443
screening and treatment for Sexually Transmitted Diseases (STDs)	84444
and HIV screening; voluntary choice of contraception, including	84445
abstinence and natural family planning; patient education and	84446
pre-pregnancy counseling on the dangers of smoking, alcohol, and	84447
drug use during pregnancy; education on sexual coercion and	84448
violence in relationships; and prenatal care or referral for	84449
prenatal care. These health care services shall be provided by	84450
licensed doctors, nurses, medical assistants, counselors, and	84451
social workers in a medical clinic setting.	84452

The Director of Health shall adopt rules in accordance with	84453
Chapter 119. of the Revised Code specifying reasonable eligibility	84454
standards that must be met to receive the state funding and	84455
provide reasonable methods by which a grantee wishing to be	84456
eligible for federal funding may comply with these requirements	84457
for state funding without losing its eligibility for federal	84458
funding.	84459

Each applicant for these funds shall provide sufficient	84460
assurance to the Director of Health of all of the following:	84461

(A) The program shall not discriminate in the provision of	84462
services based on an individual's religion, race, national origin,	84463
handicapping condition, age, number of pregnancies, or marital	84464
status;	84465

(B) The program shall provide services without subjecting	84466
individuals to any coercion to accept services or to employ any	84467
particular methods of family planning;	84468

(C) Acceptance of services shall be solely on a voluntary	84469
basis and may not be made a prerequisite to eligibility for, or	84470
receipt of, any other service, assistance from, or participation	84471
in, any other program of the service provider;	84472

(D) The costs for services provided by the program, if any	84473
are charged, shall be based on the patient's ability to pay and	84474
priority in the provision of services shall be given to persons	84475
from low-income families.	84476

In distributing these grant funds, the Director of Health	84477
shall give priority to grant requests from local departments of	84478
health for women's health services to be provided directly by	84479
personnel of the local department of health. Local departments of	84480
health that apply for grants for women's health services to be	84481
provided directly by personnel of the local department of health	84482
need not provide all the listed women's health services in order	84483
to qualify for a grant. However, in prioritizing awards among	84484
local departments of health that qualify for funding under this	84485
paragraph, the Director of Health may consider, among other	84486
reasonable factors, the comprehensiveness of the women's health	84487
services to be offered, provided that no local department of	84488
health shall be discriminated against in the process of awarding	84489
these grant funds because the applicant does not provide	84490
contraception.	84491

If funds remain after awarding grants to all local	84492
departments of health that qualify for the priority, the Director	84493
of Health may make grants to other applicants. Other grant	84494
applicants need not provide all the listed women's health services	84495
in order to qualify for a grant. However, in prioritizing awards	84496
among such other applicants that qualify for funding under this	84497
paragraph, the Director of Health may consider, among other	84498
reasonable factors, the comprehensiveness of the women's health	84499
services to be offered, provided that no applicant shall be	84500
discriminated against in the process of awarding these grant funds	84501
because the applicant does not provide contraception.	84502

Of the foregoing appropriation item 440-416, Child and Family	84503
Health Services, not more than $270,000 shall be used in each	84504
fiscal year for the OPTIONS dental care access program.	84505

Of the foregoing appropriation item 440-416, Child and Family	84506
Health Services, not more than $900,000 in each fiscal year shall	84507
be used by federally qualified health centers and federally	84508
designated look-alikes to provide services to uninsured low-income	84509
persons.	84510

Of the foregoing appropriation item 440-416, Child and Family	84511
Health Services, $500,000 in each fiscal year shall be used for	84512
abstinence-only education. The Director of Health shall develop	84513
guidelines for the establishment of abstinence programs for	84514
teenagers with the purpose of decreasing unplanned pregnancies and	84515
abortion. The guidelines shall be developed pursuant to Title V of	84516
the "Social Security Act," 42 U.S.C. 510, and shall include, but	84517
are not limited to, advertising campaigns and direct training in	84518
schools and other locations.	84519

Of the foregoing appropriation item 440-416, Child and Family	84520
Health Services, $30,000 in each fiscal year shall be allocated to	84521
the Jewish Family Service of Cleveland, $10,000 in each fiscal	84522
year shall be allocated to the Jewish Family Service of	84523
Cincinnati, and $10,000 in each fiscal year shall be allocated to	84524
the Jewish Family Services of Columbus for interpreters for health	84525
care.	84526

Of the foregoing appropriation item 440-416, Child and Family	84527
Health Services, $25,000 in each fiscal year shall be allocated to	84528
Clermont County's Comprehensive Community Suicide Prevention	84529
Program.	84530

Of the foregoing appropriation item 440-416, Child and Family	84531
Health Services, $25,000 in each fiscal year shall be allocated to	84532
the Health Education Center in Cincinnati.	84533

Of the foregoing appropriation item 440-416, Child and Family	84534
Health Services, $62,500 in each fiscal year shall be allocated to	84535
the Cincinnati YWCA Hippy.	84536

Of the foregoing appropriation item 440-416, Child and Family	84537
Health Services, $25,000 in each fiscal year shall be allocated to	84538
the Helping Hearts 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 Tree of Knowledge Learning Center.	84542

Of the foregoing appropriation item 440-416, Child and Family	84543
Health Services, $50,000 in each fiscal year shall be allocated to	84544
the Mayerson Foundation.	84545

SEXUAL ASSAULT PREVENTION AND INTERVENTION

84546

The foregoing appropriation item 440-419, Sexual Assault	84547
Prevention and Intervention, shall be used for the following	84548
purposes:	84549

(A) Funding of new services in counties with no services for	84550
sexual assault;	84551

(B) Expansion of services provided in currently funded	84552
projects so that comprehensive crisis intervention and prevention	84553
services are offered;	84554

(C) Start-up funding for Sexual Assault Nurse Examiner (SANE)	84555
projects;	84556

(D) Statewide expansion of local outreach and public	84557
awareness efforts.	84558

HIV/AIDS PREVENTION/TREATMENT

84559

Of the foregoing appropriation item 440-444, AIDS Prevention	84560
and Treatment, up to $6.4 million in fiscal year 2004 and up to	84561
$6.7 million in fiscal year 2005 shall be used to assist persons	84562
with HIV/AIDS in acquiring HIV-related medications.	84563

INFECTIOUS DISEASE PREVENTION

84564

Of the foregoing appropriation item 440-446, Infectious	84565
Disease Prevention, not more than $200,000 in each fiscal year	84566
shall be used to reimburse boards of county commissioners pursuant	84567
to division (A) of section 339.77 of the Revised Code.	84568

Of the foregoing appropriation item 440-446, Infectious	84569
Disease Prevention, not more than $60,000 shall be used by the	84570
Director of Health to reimburse Boards of County Commissioners for	84571
the cost of detaining indigent persons with tuberculosis. Any	84572
portion of the $60,000 allocated for detainment not used for that	84573
purpose shall be used to make payments to counties pursuant to	84574
section 339.77 of the Revised Code.	84575

Of the foregoing appropriation item 440-446, Infectious	84576
Disease Prevention, not more than $250,000 in each fiscal year	84577
shall be used for the purchase of drugs for sexually transmitted	84578
diseases.	84579

HELP ME GROW

84580

The foregoing appropriation item 440-459, Help Me Grow, shall	84581
be used by the Department of Health to distribute subsidies to	84582
counties to implement the Help Me Grow program. Appropriation item	84583
440-459 may be used in conjunction with Temporary Assistance for	84584
Needy Families from the Department of Job and Family Services,	84585
Early Intervention funding from the Department of Mental	84586
Retardation and Developmental Disabilities, and in conjunction	84587
with other early childhood funds and services to promote the	84588
optimal development of young children. Local contracts shall be	84589
developed between local departments of job and family services and	84590
family and children first councils for the administration of TANF	84591
funding for the Help Me Grow Program. The Department of Health	84592
shall enter into an interagency agreement with the Department of	84593
Education, Department of Mental Retardation and Developmental	84594
Disabilities, Department of Job and Family Services, and	84595
Department of Mental Health to ensure that all early childhood	84596
programs and initiatives are coordinated and school linked.	84597

POISON CONTROL NETWORK

84598

The foregoing appropriation item 440-504, Poison Control	84599
Network, shall be used in each fiscal year by the Department of	84600
Health for grants to the consolidated Ohio Poison Control Center	84601
to provide poison control services to Ohio citizens.	84602

Notwithstanding section 3701.83 of the Revised Code, not	84603
later than the fifteenth day of July of each fiscal year or as	84604
soon as possible thereafter, the Director of Budget and Management	84605
shall transfer cash in the amount of $127,287 from appropriation	84606
item 440-618, General Operations – General Services Fund, (Fund	84607
142) to the General Revenue Fund.	84608

TARGETED HEALTH CARE SERVICES OVER 21

84609

In each fiscal year, appropriation item 440-507, Targeted	84610
Health Care Services Over 21, shall be used to administer the	84611
cystic fibrosis program and implement the Hemophilia Insurance	84612
Premium Payment program.	84613

EXTENSION OF HEMOPHILIA HEALTH INSURANCE PREMIUM PAYMENTS

84614

The Director of Health shall continue to provide, through	84615
contracts with or grants to hemophilia treatment centers, for	84616
health insurance premiums to be paid for individuals who are at	84617
least twenty-one years of age, diagnosed with hemophilia or a	84618
related bleeding disorder, and receive such assistance on the day	84619
prior to the effective date of this section under the program for	84620
care and treatment of persons suffering from hemophilia	84621
established under former section 3701.144 of the Revised Code	84622
until the effective date of the initial rules adopted under	84623
division (A)(12) of section 3701.021 of the Revised Code for the	84624
hemophilia program established under section 3701.029 of the	84625
Revised Code. The Public Health Council shall adopt those rules	84626
not later than twelve months after the effective date of this	84627
section.	84628

MATERNAL CHILD HEALTH BLOCK GRANT

84629

Of the foregoing appropriation item 440-601, Maternal Child	84630
Health Block Grant (Fund 320), $2,091,299 shall be used in each	84631
fiscal year for the purposes of abstinence-only education. The	84632
Director of Health shall develop guidelines for the establishment	84633
of abstinence programs for teenagers with the purpose of	84634
decreasing unplanned pregnancies and abortion. Such guidelines	84635
shall be pursuant to Title V of the "Social Security Act," 42	84636
U.S.C. 510, and shall include, but are not limited to, advertising	84637
campaigns and direct training in schools and other locations.	84638

GENETICS SERVICES

84639

The foregoing appropriation item 440-608, Genetics Services	84640
(Fund 4D6), shall be used by the Department of Health to	84641
administer programs authorized by sections 3701.501 and 3701.502	84642
of the Revised Code. None of these funds shall be used to counsel	84643
or refer for abortion, except in the case of a medical emergency.	84644

SAFETY AND QUALITY OF CARE STANDARDS

84645

The Department of Health may use Fund 471, Certificate of	84646
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of	84647
the Revised Code in each fiscal year.	84648

MEDICALLY HANDICAPPED CHILDREN AUDIT

84649

The Medically Handicapped Children Audit Fund (Fund 477)	84650
shall receive revenue from audits of hospitals and recoveries from	84651
third-party payers. Moneys may be expended for payment of audit	84652
settlements and for costs directly related to obtaining recoveries	84653
from third-party payers and for encouraging Medically Handicapped	84654
Children's Program recipients to apply for third-party benefits.	84655
Moneys also may be expended for payments for diagnostic and	84656
treatment services on behalf of medically handicapped children, as	84657
defined in division (A) of section 3701.022 of the Revised Code,	84658
and Ohio residents who are twenty-one or more years of age and who	84659
are suffering from cystic fibrosis or hemophilia. Moneys may also	84660
be expended for administrative expenses incurred in operating the	84661
Medically Handicapped Children's Program.	84662

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	84663
PERMIT FUND	84664

The Director of Budget and Management, pursuant to a plan	84665
submitted by the Department of Health, or as otherwise determined	84666
by the Director of Budget and Management, shall set a schedule to	84667
transfer cash from the Liquor Control Fund (Fund 043) to the	84668
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	84669
needs of the Alcohol Testing and Permit program.	84670

The Director of Budget and Management shall transfer to the	84671
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	84672
Fund (Fund 043) established in section 4301.12 of the Revised Code	84673
such amounts at such times as determined by the transfer schedule.	84674

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

84675

The foregoing appropriation item 440-607, Medically	84676
Handicapped Children - County Assessments (Fund 666), shall be	84677
used to make payments pursuant to division (E) of section 3701.023	84678
of the Revised Code.	84679

NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM

84680

The Director of Budget and Management shall transfer, by	84681
intrastate transfer voucher, each fiscal year, cash from Fund 4E3,	84682
Resident Protection Fund, in the Ohio Department of Job and Family	84683
Services, to Fund 5L1, Nursing Facility Technical Assistance Fund,	84684
in the Ohio Department of Health, to be used in accordance with	84685
section 3721.026 of the Revised Code. The transfers shall equal	84686
the amount appropriated per fiscal year in Fund 5L1, Nursing	84687
Facility Technical Assistance Fund.	84688

Section 52.  HEF HIGHER EDUCATIONAL FACILITY COMMISSION

84689

Agency Fund Group

84690

Section 53.  SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

84695

General Revenue Fund

84696

General Services Fund Group

84700

Section 54.  OHS OHIO HISTORICAL SOCIETY

84706

General Revenue Fund

84707

SUBSIDY APPROPRIATION

84718

Upon approval by the Director of Budget and Management, the	84719
foregoing appropriation items shall be released to the Ohio	84720
Historical Society in quarterly amounts that in total do not	84721
exceed the annual appropriations. The funds and fiscal records of	84722
the society for fiscal years 2004 and 2005 shall be examined by	84723
independent certified public accountants approved by the Auditor	84724
of State, and a copy of the audited financial statements shall be	84725
filed with the Office of Budget and Management. The society shall	84726
prepare and submit to the Office of Budget and Management the	84727
following:	84728

(A) An estimated operating budget for each fiscal year of the	84729
biennium. The operating budget shall be submitted at or near the	84730
beginning of each year.	84731

(B) Financial reports, indicating actual receipts and	84732
expenditures for the fiscal year to date. These reports shall be	84733
filed at least semiannually during the fiscal biennium.	84734

The foregoing appropriations shall be considered to be the	84735
contractual consideration provided by the state to support the	84736
state's offer to contract with the Ohio Historical Society under	84737
section 149.30 of the Revised Code. If the Ohio Historical Society	84738
accepts this contractual offer, the society may not, during fiscal	84739
year 2004 or 2005, close any of the sites operated by the society	84740
as of the effective date of this section.	84741

Not later than May 15, 2004, the Ohio Historical Society	84742
shall submit to the Controlling Board a plan for the	84743
implementation of the recommendations of the Select Committee to	84744
Study the Effectiveness of Ohio's Historical Programs and	84745
Partnerships. No appropriations to the society for fiscal year	84746
2005 may be expended without prior approval of the implementation	84747
plan by the Controlling Board.	84748

HAYES PRESIDENTIAL CENTER

84749

If a United States government agency, including, but not	84750
limited to, the National Park Service, chooses to take over the	84751
operations or maintenance of the Hayes Presidential Center, in	84752
whole or in part, the Ohio Historical Society shall make	84753
arrangements with the National Park Service or other United States	84754
government agency for the efficient transfer of operations or	84755
maintenance.	84756

HISTORICAL GRANTS

84757

Of the foregoing appropriation item 360-508, Historical	84758
Grants, $100,000 in each fiscal year shall be distributed to the	84759
Hebrew Union College in Cincinnati for the Center for Holocaust	84760
and Humanity Education, $150,000 in fiscal year 2004 shall be	84761
distributed to the National Underground Railroad Freedom Center in	84762
Cincinnati, $250,000 in each fiscal year shall be distributed to	84763
the Great Lakes Historical Society in Vermilion, $600,000 in each	84764
fiscal year shall be distributed to the Western Reserve Historical	84765
Society in Cleveland, $500,000 in fiscal year 2004 shall be	84766
distributed to the Village of Dennison for the Historical Center	84767
Street District, $100,000 in each fiscal year shall be distributed	84768
to the Harbor Heritage Society Steamship Mather in Cleveland, and	84769
$500,000 in each fiscal year shall be distributed to the	84770
Cincinnati Museum Center.	84771

OHIO BICENTENNIAL COMMISSION ROYALTIES

84772

Notwithstanding any previous arrangement to the contrary, the	84773
Ohio Bicentennial Commission shall keep the first $100,000 in	84774
earned royalties associated with the Ohio Bicentennial logo during	84775
the 2004-2005 biennium. This $100,000 shall be used to cover the	84776
operating expenses of the Ohio Bicentennial Commission in fiscal	84777
year 2005. The remaining moneys collected from royalties	84778
associated with the Ohio Bicentennial logo shall be deposited into	84779
the General Revenue Fund, of which $350,000 shall be distributed	84780
to the Ohio Historical Society for use in appropriation item	84781
360-403, Adena - Worthington Home.	84782

Section 55.  REP OHIO HOUSE OF REPRESENTATIVES

84783

General Revenue Fund

84784

General Services Fund Group

84787

Section 56.  IGO OFFICE OF THE INSPECTOR GENERAL

84794

General Revenue Fund

84795

State Special Revenue Fund Group

84801

INSPECTOR GENERAL REIMBURSEMENT

84805

The foregoing appropriation item 965-401, Inspector General	84806
Reimbursement, shall be used for reimbursement from agreements	84807
with state agencies and the voluntary contributions from private	84808
parties for investigative costs of the Inspector General.	84809

SPECIAL INVESTIGATIONS

84810

Of the foregoing appropriation item 965-602, Special	84811
Investigations, up to $100,000 in each fiscal year may be used for	84812
investigative costs, pursuant to section 121.481 of the Revised	84813
Code.	84814

Section 57.  INS DEPARTMENT OF INSURANCE

84815

Federal Special Revenue Fund Group

84816

State Special Revenue Fund Group

84820

MARKET CONDUCT EXAMINATION

84827

When conducting a market conduct examination of any insurer	84828
doing business in this state, the Superintendent of Insurance may	84829
assess the costs of the examination against the insurer. The	84830
superintendent may enter into consent agreements to impose	84831
administrative assessments or fines for conduct discovered that	84832
may be violations of statutes or regulations administered by the	84833
superintendent. All costs, assessments, or fines collected shall	84834
be deposited to the credit of the Department of Insurance	84835
Operating Fund (Fund 554).	84836

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

84837

The Superintendent of Insurance may transfer funds from the	84838
Department of Insurance Operating Fund (Fund 554), established by	84839
section 3901.021 of the Revised Code, to the Superintendent's	84840
Examination Fund (Fund 555), established by section 3901.071 of	84841
the Revised Code, only for the expenses incurred in examining	84842
domestic fraternal benefit societies as required by section	84843
3921.28 of the Revised Code.	84844

On July 1, 2003, or as soon as possible thereafter, the	84845
Director of Budget and Management shall transfer $1,000,000 from	84846
the Department of Insurance Operating Fund (Fund 554) to the	84847
General Revenue Fund.	84848

Section 58.  JFS DEPARTMENT OF JOB AND FAMILY SERVICES

84849

General Revenue Fund

84850

General Services Fund Group

84888

Federal Special Revenue Fund Group

84896

State Special Revenue Fund Group

84923

Agency Fund Group

84945

Holding Account Redistribution Fund Group

84950

Section 58.01. OHIO COMMISSION TO REFORM MEDICAID

84956

The foregoing appropriation item 600-439, Commission to	84957
Reform Medicaid, shall be used to fund the Ohio Commission to	84958
Reform Medicaid.	84959

HEALTH CARE/MEDICAID

84960

The foregoing appropriation item 600-525, Health	84961
Care/Medicaid, shall not be limited by the provisions of section	84962
131.33 of the Revised Code.	84963

Section 58.02. CHILD SUPPORT COLLECTIONS/TANF MOE

84964

The foregoing appropriation item 600-658, Child Support	84965
Collections, shall be used by the Department of Job and Family	84966
Services to meet the TANF maintenance of effort requirements of	84967
Pub. L. No. 104-193. After the state has met the maintenance of	84968
effort requirement, the Department of Job and Family Services may	84969
use funds from appropriation item 600-658 to support public	84970
assistance activities.	84971

Section 58.03. MEDICAID PROGRAM SUPPORT FUND - STATE

84972

The foregoing appropriation item 600-671, Medicaid Program	84973
Support, shall be used by the Department of Job and Family	84974
Services to pay for Medicaid services and contracts. The	84975
Department may also deposit to Fund 5C9 revenues received from	84976
other state agencies for Medicaid services under the terms of	84977
interagency agreements between the Department and other state	84978
agencies.	84979

Section 58.04. HEALTH CARE SERVICES ADMINISTRATION

84980

The foregoing appropriation item 600-654, Health Care	84981
Services Administration, shall be used by the Department of Job	84982
and Family Services for costs associated with the administration	84983
of the Medicaid program.	84984

Section 58.05. HEALTH CARE SERVICES ADMINISTRATION FUND

84985

Of the amount received by the Department of Job and Family	84986
Services during fiscal year 2004 and fiscal year 2005 from the	84987
first installment of assessments paid under section 5112.06 of the	84988
Revised Code and intergovernmental transfers made under section	84989
5112.07 of the Revised Code, the Director of Job and Family	84990
Services shall deposit $350,000 into the state treasury to the	84991
credit of the Health Care Services Administration Fund (Fund 5U3).	84992

HOSPITAL CARE ASSURANCE MATCH FUND

84993

Appropriation item 600-650, Hospital Care Assurance Match,	84994
shall be used by the Department of Job and Family Services in	84995
accordance with division (B) of section 5112.18 of the Revised	84996
Code.	84997

Section 58.06. TANF FEDERAL BLOCK GRANT FUNDS AND TRANSFERS

84998

Upon the request of the Department of Job and Family	84999
Services, the Director of Budget and Management may seek	85000
Controlling Board approval to increase appropriations in	85001
appropriation item 600-689, TANF Block Grant, provided sufficient	85002
funds exist to do so without any corresponding decrease in other	85003
appropriation items. The Department of Job and Family Services	85004
shall provide the Director of Budget and Management and the	85005
Controlling Board with documentation to support the need for the	85006
increased appropriation.	85007

All transfers of moneys from or charges against TANF Federal	85008
Block Grant awards for use in the Social Services Block Grant or	85009
the Child Care and Development Block Grant shall be done after the	85010
Department of Job and Family Services gives written notice to the	85011
Director of Budget and Management. The Department of Job and	85012
Family Services shall first provide the Director of Budget and	85013
Management with documentation to support the need for such	85014
transfers or charges for use in the Social Services Block Grant or	85015
in the Child Care and Development Block Grant.	85016

Before the thirtieth day of September of each fiscal year,	85017
the Department of Job and Family Services shall file claims with	85018
the United States Department of Health and Human Services for	85019
reimbursement for all allowable expenditures for services provided	85020
by the Department of Job and Family Services, or other agencies	85021
that may qualify for Social Services Block Grant funding pursuant	85022
to Title XX of the Social Security Act.	85023

Section 58.06a. GOVERNOR'S OFFICE FOR FAITH-BASED NONPROFIT	85024
AND OTHER NONPROFIT ORGANIZATIONS	85025

Of the foregoing appropriation item 600-659, TANF/Title XX,	85026
$625,000 in the fiscal year 2004-2005 biennium shall be used to	85027
support the activities of the Governor's Office for Faith-Based	85028
Nonprofit and Other Nonprofit Organizations.	85029

OHIO ASSOCIATION OF SECOND HARVEST FOOD BANKS

85030

Of the foregoing appropriation item 600-659, TANF/Title XX	85031
(Fund 3W3), up to $4,500,000 in each fiscal year shall be used by	85032
the Department of Job and Family Services to support expenditures	85033
to the Ohio Association of Second Harvest Food Banks according to	85034
the following criteria.	85035

As used in this section, "federal poverty guidelines" has the	85036
same meaning as in section 5101.46 of the Revised Code.	85037

The Department of Job and Family Services shall provide an	85038
annual grant of $4,500,000 in each of the fiscal years 2004 and	85039
2005 to the Ohio Association of Second Harvest Food Banks. In each	85040
fiscal year, the Ohio Association of Second Harvest Food Banks	85041
shall use $2,500,000 for the purchase of food products for the	85042
Ohio Food Program, of which up to $105,000 may be used for food	85043
storage and transport, and shall use $2,000,000 for the	85044
Agricultural Surplus Production Alliance Project. Funds provided	85045
for the Ohio Food Program shall be used to purchase food products	85046
and to distribute those food products to agencies participating in	85047
the emergency food distribution program. No funds provided through	85048
this grant may be used for administrative expenses other than	85049
funds provided for food storage and transport. As soon as possible	85050
after entering into a grant agreement at the beginning of each	85051
fiscal year, the Department of Job and Family Services shall	85052
distribute the grant funds in one single payment. The Ohio	85053
Association of Second Harvest Food Banks shall develop a plan for	85054
the distribution of the food products to local food distribution	85055
agencies. Agencies receiving these food products shall ensure that	85056
individuals and families who receive any of the food products	85057
purchased with these funds have an income at or below 150 per cent	85058
of the federal poverty guidelines. The Department of Job and	85059
Family Services and the Ohio Association of Second Harvest Food	85060
Banks shall agree on reporting requirements to be incorporated	85061
into the grant agreement.	85062

The Ohio Association of Second Harvest Food Banks shall	85063
return any fiscal year 2004 funds from this grant remaining	85064
unspent on June 30, 2004, to the Department of Job and Family	85065
Services not later than November 1, 2004. The Ohio Association of	85066
Second Harvest Food Banks shall return any fiscal year 2005 funds	85067
from the grant remaining unspent on June 30, 2005, to the	85068
Department of Job and Family Services no later than November 1,	85069
2005.	85070

Section 58.06.A.1. OHIO ALLIANCE OF BOYS AND GIRLS CLUBS

85071

Of the foregoing appropriation item 600-659, TANF/Title XX	85072
(Fund 3W3), the Department of Job and Family Services shall use up	85073
to $600,000 in each fiscal year to support expenditures of the	85074
Ohio Alliance of Boys and Girls Clubs to provide nutritional	85075
meals, snacks, and educational and enrichment services to children	85076
participating in programs and activities operated by eligible Boys	85077
and Girls Clubs.	85078

The Department of Job and Family Services shall provide an	85079
annual grant of $600,000 in each fiscal year to the Ohio Alliance	85080
of Boys and Girls Clubs. As soon as possible after entering into a	85081
grant agreement at the beginning of each fiscal year, the	85082
Department of Job and Family Services shall distribute the grant	85083
funds in one single payment. The Department of Job and Family	85084
Services and the Ohio Alliance of Boys and Girls Clubs shall agree	85085
on reporting requirements to be incorporated into the grant	85086
agreement.	85087

The Ohio Alliance of Boys and Girls Clubs shall return any	85088
fiscal year 2004 funds from the grant remaining unspent on June	85089
30, 2004, to the Ohio Department of Job and Family Services not	85090
later than November 1, 2004. The Ohio Alliance of Boys and Girls	85091
Clubs shall return any fiscal year 2005 funds from this grant	85092
remaining unspent on June 30, 2005, to the Ohio Department of Job	85093
and Family Services not later than November 1, 2005.	85094

Section 58.06b. ADULT PROTECTIVE SERVICES

85095

Of the foregoing appropriation item 600-659, TANF/Title XX	85096
(Fund 3W3), up to $2,700,000 in each fiscal year shall be used by	85097
the Department of Job and Family Services to reimburse county	85098
departments of job and family services for all or part of the	85099
costs they incur in providing adult protective services pursuant	85100
to sections 5101.60 to 5101.71 of the Revised Code.	85101

Section 58.07. PRESCRIPTION DRUG REBATE FUND

85102

The foregoing appropriation item 600-692, Health Care	85103
Services, shall be used by the Department of Job and Family	85104
Services in accordance with section 5111.081 of the Revised Code.	85105
Moneys recovered by the Department pursuant to the Department's	85106
rights of recovery under section 5101.58 of the Revised Code, that	85107
are not directed to the Health Care Services Administration Fund	85108
(Fund 5U3) pursuant to section 5111.94 of the Revised Code shall	85109
also be deposited into Fund 5P5.	85110

Section 58.08. ODJFS FUNDS

85111

AGENCY FUND GROUP

85112

The Agency Fund Group shall be used to hold revenues until	85113
the appropriate fund is determined or until they are directed to	85114
the appropriate governmental agency other than the Department of	85115
Job and Family Services. If it is determined that additional	85116
appropriation authority is necessary, such amounts are hereby	85117
appropriated.	85118

HOLDING ACCOUNT REDISTRIBUTION GROUP

85119

The foregoing appropriation items 600-643, Refunds and Audit	85120
Settlements, and 600-644, Forgery Collections, Holding Account	85121
Redistribution Fund Group, shall be used to hold revenues until	85122
they are directed to the appropriate accounts or until they are	85123
refunded. If it is determined that additional appropriation	85124
authority is necessary, such amounts are hereby appropriated.	85125

Section 58.09. CONSOLIDATED FUNDING ALLOCATION FOR COUNTY	85126
DEPARTMENTS OF JOB AND FAMILY SERVICES	85127

Using the foregoing appropriation items 600-521, Family	85128
Stability Subsidy; 600-659, TANF/Title XX; 600-610, Food Stamps	85129
and State Administration; 600-410, TANF State; 600-689, TANF Block	85130
Grant; 600-620, Social Services Block Grant; 600-523, Children and	85131
Families Subsidy; 600-413, Child Care Match/Maintenance of Effort;	85132
600-617, Child Care Federal; 600-623, Health Care Federal; and	85133
600-614, Refugees Services, the Department of Job and Family	85134
Services may establish a single allocation for county departments	85135
of job and family services. The county department is not required	85136
to use all the money from one or more of the appropriation items	85137
listed in this paragraph for the purpose for which the specific	85138
appropriation item is made so long as the county department uses	85139
the money for a purpose for which at least one of the other of	85140
those appropriation items is made. The county department may not	85141
use the money in the allocation for a purpose other than a purpose	85142
any of those appropriation items are made. If the spending	85143
estimates used in establishing the single allocation are not	85144
realized and the county department uses money in one or more of	85145
those appropriation items in a manner for which federal financial	85146
participation is not available, the department shall use state	85147
funds available in one or more of those appropriation items to	85148
ensure that the county department receives the full amount of its	85149
allocation and complete a reconciliation at the end of the fiscal	85150
year to appropriately align cash draws with expenditures related	85151
to state and federal claims.	85152

To facilitate this reconciliation, before the thirty-first	85153
day of May of the current fiscal year and after the conclusion of	85154
the county reconciliation process for the previous fiscal year,	85155
the Director of Job and Family Services may request that the	85156
Director of Budget and Management transfer cash between the funds	85157
that make-up the consolidated allocation to the county departments	85158
of job and family services.	85159

Section 58.10. TRANSFER OF FUNDS

85160

The Department of Job and Family Services shall transfer,	85161
through intrastate transfer vouchers, cash from State Special	85162
Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, Home and	85163
Community-Based Services, in the Ohio Department of Mental	85164
Retardation and Developmental Disabilities. The sum of the	85165
transfers shall equal $12,000,000 in fiscal year 2004 and	85166
$12,000,000 in fiscal year 2005. The transfer may occur on a	85167
quarterly basis or on a schedule developed and agreed to by both	85168
departments.	85169

The Department of Job and Family Services shall transfer,	85170
through intrastate transfer vouchers, cash from the State Special	85171
Revenue Fund 4J5, Home and Community-Based Services for the Aged,	85172
to Fund 4J4, PASSPORT, in the Department of Aging. The sum of the	85173
transfers shall be $33,268,052 in fiscal year 2004 and $33,263,984	85174
in fiscal year 2005. The transfer may occur on a quarterly basis	85175
or on a schedule developed and agreed to by both departments.	85176

TRANSFERS OF IMD/DSH CASH

85177

The Department of Job and Family Services shall transfer,	85178
through intrastate transfer voucher, cash from fund 5C9, Medicaid	85179
Program Support, to the Department of Mental Health's Fund 4X5,	85180
OhioCare, in accordance with an interagency agreement which	85181
delegates authority from the Department of Job and Family Services	85182
to the Department of Mental Health to administer specified	85183
Medicaid services.	85184

Section 58.11. EMPLOYER SURCHARGE

85185

The surcharge and the interest on the surcharge amounts due	85186
for calendar years 1988, 1989, and 1990 as required by Am. Sub.	85187
H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the	85188
118th General Assembly, and section 4141.251 of the Revised Code	85189
as it existed prior to Sub. H.B. 478 of the 122nd General	85190
Assembly, again shall be assessed and collected by, accounted for,	85191
and made available to the Department of Job and Family Services in	85192
the same manner as set forth in section 4141.251 of the Revised	85193
Code as it existed prior to Sub. H.B. 478 of the 122nd General	85194
Assembly, notwithstanding the repeal of the surcharge for calendar	85195
years after 1990, pursuant to Sub. H.B. 478 of the 122nd General	85196
Assembly, except that amounts received by the Director on or after	85197
July 1, 2001, shall be deposited into the special administrative	85198
fund established pursuant to section 4141.11 of the Revised Code.	85199

Section 58.12. FUNDING FOR HABILITATIVE SERVICES

85200

Notwithstanding any limitations contained in sections 5112.31	85201
and 5112.37 of the Revised Code, in each fiscal year, cash from	85202
State Special Revenue Fund 4K1, ICF/MR Bed Assessments, in excess	85203
of the amounts needed for transfers to Fund 4K8 may be used by the	85204
Department of Job and Family Services to cover costs of care	85205
provided to participants in a waiver with an ICF/MR level of care	85206
requirement administered by the Department of Job and Family	85207
Services.	85208

Section 58.13. FUNDING FOR INSTITUTIONAL FACILITY AUDITS AND	85209
THE OHIO ACCESS SUCCESS PROJECT	85210

Notwithstanding any limitations in sections 3721.51 and	85211
3721.56 of the Revised Code, in each fiscal year, cash from the	85212
State Special Revenue Fund 4J5, Home and Community-Based Services	85213
for the Aged, in excess of the amounts needed for the transfers	85214
may be used by the Department of Job and Family Services for the	85215
following purposes: (A) up to $1.0 million in each fiscal year to	85216
fund the state share of audits of Medicaid cost reports filed with	85217
the Department of Job and Family Services by nursing facilities	85218
and intermediate care facilities for the mentally retarded; and	85219
(B) up to $350,000 in fiscal year 2004 and up to $350,000 in	85220
fiscal year 2005 to provide one-time transitional benefits under	85221
the Ohio Access Success Project that the Director of Job and	85222
Family Services may establish under section 5111.206 of the	85223
Revised Code.	85224

Section 58.14. REFUND OF SETS PENALTY

85225

The Department of Job and Family Services shall deposit any	85226
refunds for penalties that were paid directly or indirectly by the	85227
state for the Support Enforcement Tracking System (SETS) to Fund	85228
3V6, TANF Block Grant.	85229

Section 58.15. PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY

85230

The Director of Job and Family Services may submit to the	85231
United States Secretary of Health and Human Services a request to	85232
transfer the day-to-day administration of the Program of	85233
All-Inclusive Care for the Elderly, known as PACE, in accordance	85234
with 42 U.S.C. 1396u-4, to the Department of Aging. If the United	85235
States Secretary approves the transfer, the Directors of Job and	85236
Family Services and Aging may enter into an interagency agreement	85237
under section 5111.86 of the Revised Code to transfer	85238
responsibility for the day-to-day administration of PACE from the	85239
Department of Job and Family Services to the Department of Aging.	85240
The interagency agreement is subject to the approval of the	85241
Director of Budget and Management and shall include an estimated	85242
cost of services to be provided under PACE and an estimated cost	85243
for the administrative duties assigned by the agreement to the	85244
Department of Aging.	85245

If the Directors of Job and Family Services and Aging enter	85246
into the interagency agreement, the Director of Budget and	85247
Management shall reduce the amount in appropriation item 600-525,	85248
Health Care/Medicaid, by the estimated costs of PACE. If the	85249
Director of Budget and Management makes the reduction, the state	85250
and federal share of the estimated costs of PACE services and	85251
administration is hereby appropriated to the Department of Aging.	85252
The Director of Budget and Management shall establish a new	85253
appropriation item for the appropriation.	85254

Section 58.18. APPROPRIATIONS FROM FUND 3V0

85255

Upon the request of the Department of Job and Family	85256
Services, the Director of Budget and Management may increase	85257
appropriations in either appropriation item 600-662, WIA Ohio	85258
Option #7, Fund 3V0 or in appropriation item 600-688, Workforce	85259
Investment Act, Fund 3V0, with a corresponding decrease in the	85260
other appropriation item supported by Fund 3V0 to allow counties	85261
that administer the Workforce Investment Act as a conventional	85262
county to administer the Act as an Ohio Option county or to allow	85263
counties that administer the Workforce Investment Act as an Ohio	85264
Option county to administer the Act as a conventional county.	85265

JOBS FOR OHIO GRADUATES PROGRAM

85266

Pursuant to an interagency agreement entered into between the	85267
Department of Job and Family Services and the Department of	85268
Education, $1,750,000 from Workforce Investment Act funds (Fund	85269
3V0), reserved for statewide workforce investment activities, in	85270
fiscal year 2004 and fiscal year 2005, shall be used to support	85271
the Jobs for Ohio Graduates programs administered by the	85272
Department of Education.	85273

Section 58.19.  FEDERAL UNEMPLOYMENT PROGRAMS

85274

There is hereby appropriated out of funds made available to	85275
the state under section 903(d) of the Social Security Act, as	85276
amended, $53,700,000 for fiscal year 2004 and $47,300,000 for	85277
fiscal year 2005. Upon the request of the Director of Job and	85278
Family Services, the Director of Budget and Management shall	85279
increase the appropriation for fiscal year 2004 by the amount	85280
remaining unspent from the fiscal year 2003 appropriation and	85281
shall increase the appropriation for fiscal year 2005 by the	85282
amount remaining unspent from the fiscal year 2004 appropriation.	85283
The appropriation is to be used under the direction of the	85284
Department of Job and Family Services to pay for administrative	85285
activities for the Unemployment Insurance Program, employment	85286
services, and other allowable expenditures under section 903(d) of	85287
the Social Security Act, as amended.	85288

The amounts obligated pursuant to this section shall not	85289
exceed at any time the amount by which the aggregate of the	85290
amounts transferred to the account of the state pursuant to	85291
section 903(d) of the Social Security Act, as amended, exceeds the	85292
aggregate of the amounts obligated for administration and paid out	85293
for benefits and required by law to be charged against the amounts	85294
transferred to the account of the state.	85295

Of the appropriation item 600-678, Federal Unemployment	85296
Programs, in Section 63 of Am. Sub. H.B. 94 of the 124th General	85297
Assembly, as amended, up to $18,000,000 in fiscal year 2004 and up	85298
to $18,000,000 in fiscal year 2005 shall be used by the Department	85299
of Job and Family Services to reimburse the General Revenue Fund,	85300
through state intrastate transfer vouchers, for expenses incurred	85301
on or after the effective date of this section from the General	85302
Revenue Fund for the aforementioned programs as reported to the	85303
federal government as allowable expenditures.	85304

Section 58.20. MEDICAID PAYMENT TO CHILDREN'S HOSPITALS

85305

As used in this section, "children's hospital" has the same	85306
meaning as in section 3702.51 of the Revised Code.	85307

For fiscal years 2004 and 2005, the Medicaid payment to	85308
children's hospitals shall include the adjustment for inflation	85309
provided for by paragraph (G) of rule 5101:3-2-074 of the	85310
Administrative Code as that paragraph existed on December 30,	85311
2002.	85312

The Department of Job and Family Services shall pay to each	85313
children's hospital participating in the Medicaid program an	85314
amount equal to the difference between (1) the amount the hospital	85315
would have been paid under rule 5101:3-2-074 of the Administrative	85316
Code for the period beginning January 1, 2003, and ending May 31,	85317
2003, if the amendment to paragraph (G) of that rule that went	85318
into effect on December 31, 2002, had not gone into effect and (2)	85319
the amount that the hospital was paid under that rule for that	85320
period.	85321

Section 58.20a. MEDICAID PAYMENTS FOR OUTPATIENT HOSPITAL	85322
SERVICES	85323

As used in this section, "hospital" does not include a	85324
children's hospital as defined in the section of this act titled	85325
MEDICAID PAYMENT TO CHILDREN'S HOSPITALS.	85326

The Department of Job and Family Services shall increase the	85327
total amount the Department pays all hospitals under the Medicaid	85328
Program for outpatient services provided during the period	85329
beginning July 1, 2003, and ending June 30, 2004, to the maximum	85330
extent possible using $9,811,136 from the foregoing appropriation	85331
item 600-525, Health Care/Medicaid. The Department of Job and	85332
Family Services shall also increase the total amount the	85333
Department pays all hospitals under the Medicaid Program for	85334
outpatient services provided during the period beginning July 1,	85335
2004, and ending June 30, 2005, to the maximum extent possible	85336
using $9,811,136 from the foregoing appropriation item 600-525,	85337
Health Care/Medicaid. The Department shall make the increase in	85338
accordance with an inflation adjustment factor for outpatient	85339
hospital services established in rules the Director of Job and	85340
Family Services shall adopt in accordance with Chapter 119. of the	85341
Revised Code.	85342

Section 58.21. CHILD CARE

85343

(A) Notwithstanding any other provision of law, the Director	85344
of Job and Family Services shall not reduce the initial and	85345
continued eligibility level for publicly funded child care below	85346
one hundred fifty per cent of the federal poverty line during	85347
fiscal years 2004 and 2005.	85348

(B) Notwithstanding division (B) of section 5104.39 of the	85349
Revised Code, the Director of Job and Family Services shall not,	85350
during fiscal years 2004 and 2005, disenroll publicly funded child	85351
care program participants who have incomes at or below 165 per	85352
cent of the federal poverty line and do not otherwise cease to	85353
qualify for the program, if one of the following applies:	85354

(1) The family enrolled in the program before June 9, 2003;

85355

(2) The family enrolled in the program when the family's	85356
income was at or below 150 per cent of the federal poverty line.	85357

Section 58.25. MEDICAID COVERAGE OF DENTAL SERVICES

85358

For fiscal years 2004 and 2005, the Medicaid program shall	85359
continue to cover dental services in at least the amount,	85360
duration, and scope that it does on the effective date of this	85361
section under rules governing Medicaid coverage of dental services	85362
adopted under section 5111.02 of the Revised Code.	85363

Section 58.28. WELFARE DIVERSION PROGRAMS

85364

Of the foregoing appropriation item 600-521, Family Stability	85365
Subsidy, prior to county distribution, $1,250,000 in each fiscal	85366
year shall be used to support specific welfare diversion programs.	85367
In each fiscal year, Accountability and Credibility Together (ACT)	85368
shall receive $1,000,000 of the $1,250,000 to continue its welfare	85369
diversion program. In each fiscal year, $250,000 of the $1,250,000	85370
shall be used to establish a welfare diversion demonstration	85371
project in Butler County. The demonstration project shall be	85372
administered by the Butler County United Way.	85373

Section 58.29. OHIO COMMISSION TO REFORM MEDICAID

85374

There is hereby established the Ohio Commission to Reform	85375
Medicaid, which shall consist of nine members: three appointed by	85376
the Governor, three by the Speaker of the House of	85377
Representatives, and three by the President of the Senate.	85378
Appointments shall be made not later than ninety days after the	85379
effective date of this section. All members shall serve at the	85380
pleasure of the appointing authority. Members shall serve without	85381
compensation. Vacancies shall be filled in the manner of original	85382
appointments.	85383

The Commission shall conduct a complete review of the state	85384
Medicaid program and shall make recommendations for comprehensive	85385
reform and cost containment. The Commission shall submit a report	85386
of its findings and recommendations to the Governor, Speaker, and	85387
Senate President not later than January 1, 2005.	85388

The Commission may hire a staff director and additional	85389
employees to provide technical support.	85390

The Director of Job and Family Services shall, on behalf of	85391
the Commission, seek federal financial participation for the	85392
administrative costs of the Commission.	85393

Section 58.30.  Of the foregoing appropriation item 600-416,	85394
Computer Projects, $500,000 in each fiscal year shall be used by	85395
the Department of Job and Family Services for costs associated	85396
with staff, purchased services, equipment, and maintenance of the	85397
Statewide Automated Child Welfare Information System (SACWIS).	85398
These earmarked dollars are intended to supplement appropriations	85399
in appropriation item 600-423, Office of Children and Families,	85400
that are used for SACWIS. These earmarked dollars shall be in	85401
addition to any other amounts that the Department plans to spend	85402
on SACWIS. The Department shall plan its spending on SACWIS from	85403
appropriation item 600-416, Computer Projects, without regard to	85404
this earmark.	85405

Section 58.31. MEDICAID REIMBURSEMENT RATES FOR NURSING	85406
FACILITIES	85407

(A) As used in this section:

85408

(1) "Change of operator," "entering operator," and "exiting	85409
operator," have the same meaning as in section 5111.65 of the	85410
Revised Code.	85411

(2) "Medicaid day" means all days during which a resident who	85412
is a Medicaid recipient occupies a bed in a nursing facility that	85413
is included in the facility's certified capacity under Title XIX	85414
of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396,	85415
as amended. Therapeutic or hospital leave days for which payment	85416
would be made under section 5111.33 of the Revised Code if not for	85417
this section are considered Medicaid days proportionate to the	85418
percentage of the nursing facility's per resident per day rate	85419
paid for those days.	85420

(3) "Nursing facility" means a facility, or a distinct part	85421
of a facility, that is certified as a nursing facility by the	85422
Director of Health in accordance with Title XIX of the "Social	85423
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended,	85424
participates in the Medicaid program established under Chapter	85425
5111. of the Revised Code, and is not an intermediate care	85426
facility for the mentally retarded as defined in section 5111.20	85427
of the Revised Code. "Nursing facility" includes a facility, or a	85428
distinct part of a facility, that is certified as a nursing	85429
facility by the Director of Health in accordance with Title XIX of	85430
the "Social Security Act," is certified as a skilled nursing	85431
facility by the Director in accordance with Title XVIII of the	85432
"Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as	85433
amended, and participates in the Medicaid program established	85434
under Chapter 5111. of the Revised Code.	85435

(4) "Provider" and "provider agreement" have the same meaning	85436
as in section 5111.20 of the Revised Code.	85437

(B) Notwithstanding Chapter 5111. of the Revised Code or any	85438
other state law to the contrary and subject to division (F) of	85439
this section, the Medicaid reimbursement rate for nursing facility	85440
services provided to a Medicaid recipient during the period	85441
beginning July 1, 2003, and ending June 30, 2004, shall be as	85442
follows:	85443

(1) If the provider has a valid provider agreement regarding	85444
the nursing facility on June 30, 2003, the provider's rate for the	85445
nursing facility shall be the same as the provider's rate for the	85446
nursing facility in effect on June 30, 2003, increased in	85447
accordance with division (C) of this section;	85448

(2) If the nursing facility undergoes a change of operator on	85449
July 1, 2003, the entering operator's rate for the nursing	85450
facility shall be the same as the exiting operator's rate for the	85451
nursing facility that is in effect on June 30, 2003, increased in	85452
accordance with division (C) of this section;	85453

(3) If the nursing facility undergoes a change of operator	85454
after July 1, 2003, and before July 1, 2004, the entering	85455
operator's rate for the nursing facility shall be the same as the	85456
exiting operator's rate for the nursing facility that is in effect	85457
on the day before the effective date of the entering operator's	85458
provider agreement;	85459

(4) If the nursing facility both obtains initial	85460
certification as a nursing facility from the Director of Health	85461
and begins participation in the Medicaid program after June 30,	85462
2003, the provider's rate for the nursing facility shall be the	85463
median of all rates paid to nursing facilities on July 1, 2003;	85464

(5) If one or more Medicaid certified beds are added to the	85465
nursing facility on July 1, 2003, the provider's rate for the	85466
added beds shall be the same as the provider's rate that is in	85467
effect on June 30, 2003, for the Medicaid certified beds that are	85468
in the nursing facility on June 30, 2003, increased in accordance	85469
with division (C) of this section;	85470

(6) If one or more Medicaid certified beds are added to the	85471
nursing facility after July 1, 2003, and before July 1, 2004, the	85472
provider's rate for the added beds shall be the same as the	85473
provider's rate for the Medicaid certified beds that are in the	85474
nursing facility on the day before the new beds are added.	85475

(C) For the purpose of divisions (B)(1), (2), and (5) of this	85476
section and in accordance with rules the Director of Job and	85477
Family Services shall adopt in accordance with Chapter 119. of the	85478
Revised Code, the Department of Job and Family Services shall	85479
increase the Medicaid reimbursement rate for nursing facility	85480
services provided to a Medicaid recipient during the period	85481
beginning July 1, 2003, and ending June 30, 2004, as follows:	85482

(1) To the maximum extent possible using $16,489,281 from the	85483
foregoing appropriation item 600-525, Health Care/Medicaid.	85484

(2) By forty-five cents per Medicaid day using $11,763,298	85485
from the foregoing appropriation item 600-608, Medicaid-Nursing	85486
Facilities, and $16,809,201 from the foregoing appropriation item	85487
600-623, Health Care Federal;	85488

(3) To the maximum extent possible using the funds specified	85489
in division (C)(2) of this section that remain after the increase	85490
is made under that division.	85491

(D) Notwithstanding Chapter 5111. of the Revised Code or any	85492
other state law to the contrary and subject to division (F) of	85493
this section, the Medicaid reimbursement rate for nursing facility	85494
services provided to a Medicaid recipient during the period	85495
beginning July 1, 2004, and ending June 30, 2005, shall be as	85496
follows:	85497

(1) If the provider has a valid provider agreement regarding	85498
the nursing facility on June 30, 2004, the provider's rate for the	85499
nursing facility shall be the same as the provider's rate for the	85500
nursing facility in effect on June 30, 2004, increased in	85501
accordance with division (E) of this section;	85502

(2) If the nursing facility undergoes a change of operator on	85503
July 1, 2004, the entering operator's rate for the nursing	85504
facility shall be the same as the exiting operator's rate for the	85505
nursing facility that is in effect on June 30, 2004, increased in	85506
accordance with division (E) of this section;	85507

(3) If the nursing facility undergoes a change of operator	85508
after July 1, 2004, the entering operator's rate for the nursing	85509
facility shall be the same as the exiting operator's rate for the	85510
nursing facility that is in effect on the day before the effective	85511
date of the entering operator's provider agreement;	85512

(4) If the nursing facility both obtains initial	85513
certification as a nursing facility from the Director of Health	85514
and begins participation in the Medicaid program after June 30,	85515
2004, the provider's rate for the nursing facility shall be the	85516
median of all rates paid to nursing facilities on July 1, 2004;	85517

(5) If one or more Medicaid certified beds are added to the	85518
nursing facility on July 1, 2004, the provider's rate for the	85519
added beds shall be the same as the provider's rate that is in	85520
effect on June 30, 2004, for the Medicaid certified beds that are	85521
in the nursing facility on June 30, 2004, increased in accordance	85522
with division (E) of this section;	85523

(6) If one or more Medicaid certified beds are added to the	85524
nursing facility after July 1, 2004, the provider's rate for the	85525
added beds shall be the same as the provider's rate for the	85526
Medicaid certified beds that are in the nursing facility on the	85527
day before the new beds are added.	85528

(E) For the purpose of divisions (D)(1), (2), and (5) of this	85529
section and in accordance with rules the Director of Job and	85530
Family Services shall adopt in accordance with Chapter 119. of the	85531
Revised Code, the Department of Job and Family Services shall	85532
increase the Medicaid reimbursement rate for nursing facility	85533
services provided to a Medicaid recipient during the period	85534
beginning July 1, 2004, and ending June 30, 2005, as follows:	85535

(1) To the maximum extent possible using $93,591,290 from the	85536
foregoing appropriation item 600-525, Health Care/Medicaid.	85537

(2) By twenty cents per Medicaid day using $20,912,529 from	85538
the foregoing appropriation item 600-608, Medicaid-Nursing	85539
Facilities, and $29,883,024 from the foregoing appropriation item	85540
600-623, Health Care Federal;	85541

(3) To the maximum extent possible using the funds specified	85542
in division (E)(2) of this section that remain after the increase	85543
is made under that division.	85544

(F) A nursing facility's reimbursement rate for services	85545
provided to a Medicaid recipient during any part of the period	85546
beginning July 1, 2003, and ending June 30, 2005, shall be	85547
adjusted to reflect each audit adjustment made to each cost report	85548
used to establish the June 30, 2003, rate on which the nursing	85549
facility's reimbursement rate for services provided during any	85550
part of the period beginning July 1, 2003, and ending June 30,	85551
2005, is based. This division does not affect a nursing facility's	85552
reimbursement rate determined under division (B)(4) or (D)(4) of	85553
this section.	85554

Section 58.32. MEDICAID REIMBURSEMENT RATES FOR ICFs/MR

85555

(A) As used in this section:

85556

(1) "Change of operator," "entering operator," and "exiting	85557
operator" have the same meaning as in section 5111.65 of the	85558
Revised Code.	85559

(2) "Intermediate care facility for the mentally retarded"	85560
means an intermediate care facility for the mentally retarded	85561
certified as in compliance with applicable standards for the	85562
Medicaid program by the Director of Health in accordance with	85563
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42	85564
U.S.C. 1396, as amended, and participates in the Medicaid program	85565
established under Chapter 5111. of the Revised Code, except that	85566
it does not include an intermediate care facility for the mentally	85567
retarded that is operated by the Department of Mental Retardation	85568
and Developmental Disabilities and has its Medicaid reimbursement	85569
rate computed in accordance with section 5111.291 of the Revised	85570
Code.	85571

(3) "Medicaid day" means all days during which a resident who	85572
is a Medicaid recipient occupies a bed in an intermediate care	85573
facility for the mentally retarded that is included in the	85574
facility's certified capacity under Title XIX of the "Social	85575
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	85576
Therapeutic or hospital leave days for which payment would be made	85577
under section 5111.33 of the Revised Code if not for this section	85578
are considered Medicaid days proportionate to the percentage of	85579
the intermediate care facility for the mentally retarded's per	85580
resident per day rate paid for those days.	85581

(4) "Provider" and "provider agreement" have the same meaning	85582
as in section 5111.20 of the Revised Code.	85583

(B) Notwithstanding Chapter 5111. of the Revised Code or any	85584
other state law to the contrary and subject to division (F) of	85585
this section, the Medicaid reimbursement rate for intermediate	85586
care facility services for the mentally retarded provided to a	85587
Medicaid recipient during the period beginning July 1, 2003, and	85588
ending June 30, 2004, shall be as follows:	85589

(1) If the provider has a valid provider agreement regarding	85590
the intermediate care facility for the mentally retarded on June	85591
30, 2003, the provider's rate for the facility shall be the same	85592
as the provider's rate for the facility in effect on June 30,	85593
2003, increased in accordance with division (C) of this section;	85594

(2) If the intermediate care facility for the mentally	85595
retarded undergoes a change of operator on July 1, 2003, the	85596
entering operator's rate for the facility shall be the same as the	85597
exiting operator's rate for the facility that is in effect on June	85598
30, 2003, increased in accordance with division (C) of this	85599
section;	85600

(3) If the intermediate care facility for the mentally	85601
retarded undergoes a change of operator after July 1, 2003, and	85602
before July 1, 2004, the entering operator's rate for the facility	85603
shall be the same as the exiting operator's rate for the facility	85604
that is in effect on the day before the effective date of the	85605
entering operator's provider agreement;	85606

(4) If the intermediate care facility for the mentally	85607
retarded both obtains initial certification as an intermediate	85608
care facility for the mentally retarded from the Director of	85609
Health and begins participation in the Medicaid program after June	85610
30, 2003, the provider's rate for the facility shall be the median	85611
of all rates paid to intermediate care facilities for the mentally	85612
retarded on July 1, 2003;	85613

(5) If one or more Medicaid certified beds are added to the	85614
intermediate care facility for the mentally retarded on July 1,	85615
2003, the provider's rate for the added beds shall be the same as	85616
the provider's rate that is in effect on June 30, 2003, for the	85617
Medicaid certified beds that are in the facility on June 30, 2003,	85618
increased in accordance with division (C) of this section;	85619

(6) If one or more Medicaid certified beds are added to the	85620
intermediate care facility for the mentally retarded after July 1,	85621
2003, and before July 1, 2004, the provider's rate for the added	85622
beds shall be the same as the provider's rate for the Medicaid	85623
certified beds that are in facility on the day before the new beds	85624
are added.	85625

(C) For the purpose of divisions (B)(1), (2), and (5) of this	85626
section and in accordance with rules the Director of Job and	85627
Family Services shall adopt in accordance with Chapter 119. of the	85628
Revised Code, the Department of Job and Family Services shall	85629
increase the Medicaid reimbursement rate for intermediate care	85630
facility services for the mentally retarded provided to a Medicaid	85631
recipient during the period beginning July 1, 2003, and ending	85632
June 30, 2004, to the maximum extent possible using $2,516,128	85633
from the foregoing appropriation item 600-525, Health	85634
Care/Medicaid. However, no intermediate care facility for the	85635
mentally retarded's Medicaid reimbursement rate for that period	85636
shall exceed one hundred two per cent of its rate on June 30,	85637
2003.	85638

(D) Notwithstanding Chapter 5111. of the Revised Code or any	85639
other state law to the contrary and subject to division (F) of	85640
this section, the Medicaid reimbursement rate for intermediate	85641
care facility services for the mentally retarded provided to a	85642
Medicaid recipient during the period beginning July 1, 2004, and	85643
ending June 30, 2005, shall be as follows:	85644

(1) If the provider has a valid provider agreement regarding	85645
the intermediate care facility for the mentally retarded on June	85646
30, 2004, the provider's rate for the facility shall be the same	85647
as the provider's rate for the facility in effect on June 30,	85648
2004, increased in accordance with division (E) of this section;	85649

(2) If the intermediate care facility for the mentally	85650
retarded undergoes a change of operator on July 1, 2004, the	85651
entering operator's rate for the facility shall be the same as the	85652
exiting operator's rate for the facility that is in effect on June	85653
30, 2004, increased in accordance with division (E) of this	85654
section;	85655

(3) If the intermediate care facility for the mentally	85656
retarded undergoes a change of operator after July 1, 2004, the	85657
entering operator's rate for the facility shall be the same as the	85658
exiting operator's rate for the facility that is in effect on the	85659
day before the effective date of the entering operator's provider	85660
agreement;	85661

(4) If the intermediate care facility for the mentally	85662
retarded both obtains initial certification as an intermediate	85663
care facility for the mentally retarded from the Director of	85664
Health and begins participation in the Medicaid program after June	85665
30, 2004, the provider's rate for the facility shall be the median	85666
of all rates paid to intermediate care facilities for the mentally	85667
retarded on July 1, 2004;	85668

(5) If one or more Medicaid certified beds are added to the	85669
intermediate care facility for the mentally retarded on July 1,	85670
2004, the provider's rate for the added beds shall be the same as	85671
the provider's rate that is in effect on June 30, 2004, for the	85672
Medicaid certified beds that are in the facility on June 30, 2004,	85673
increased in accordance with division (E) of this section;	85674

(6) If one or more Medicaid certified beds are added to the	85675
intermediate care facility for the mentally retarded after July 1,	85676
2004, the provider's rate for the added beds shall be the same as	85677
the provider's rate for the Medicaid certified beds that are in	85678
facility on the day before the new beds are added.	85679

(E) For the purpose of divisions (D)(1), (2), and (5) of this	85680
section and in accordance with rules the Director of Job and	85681
Family Services shall adopt in accordance with Chapter 119. of the	85682
Revised Code, the Department of Job and Family Services shall	85683
increase the Medicaid reimbursement rate for intermediate care	85684
facility services for the mentally retarded provided to a Medicaid	85685
recipient during the period beginning July 1, 2004, and ending	85686
June 30, 2005, to the maximum extent possible using $11,153,895	85687
from the foregoing appropriation item 600-525, Health	85688
Care/Medicaid. However, no intermediate care facility for the	85689
mentally retarded's Medicaid reimbursement rate for that period	85690
shall exceed one hundred two per cent of its rate on June 30,	85691
2004.	85692

(F) The reimbursement rate of an intermediate care facility	85693
for the mentally retarded for services provided to a Medicaid	85694
recipient during any part of the period beginning July 1, 2003,	85695
and ending June 30, 2005, shall be adjusted to reflect each audit	85696
adjustment made to each cost report used to establish the June 30,	85697
2003, rate on which the facility's reimbursement rate for services	85698
provided during any part of the period beginning July 1, 2003, and	85699
ending June 30, 2005, is based. This division does not affect the	85700
reimbursement rate of an intermediate care facility for the	85701
mentally retarded determined under division (B)(4) or (D)(4) of	85702
this section.	85703

Section 58.33. DISABILITY ASSISTANCE TRANSITION

85704

(A) Subject to the provisions of Chapter 5115. of the Revised	85705
Code, as amended, enacted, and repealed by this act, the	85706
Disability Financial Assistance Program constitutes a continuation	85707
of the financial assistance component of the Disability Assistance	85708
Program established under Chapter 5115. of the Revised Code, as it	85709
existed prior to the effective date of this section, and the	85710
Disability Medical Assistance Program constitutes a continuation	85711
of the medical assistance component of the Disability Assistance	85712
Program.	85713

Any business commenced but not completed on behalf of the	85714
Disability Assistance Program shall be completed in the same	85715
manner, and with the same effect, on behalf of the Disability	85716
Financial Assistance Program and the Disability Medical Assistance	85717
Program.	85718

Except as provided in divisions (B) and (C) of this section,	85719
all rules, orders, and determinations regarding the Disability	85720
Assistance Program continue in effect as rules, orders, and	85721
determinations regarding the Disability Financial Assistance	85722
Program and the Disability Medical Assistance Program, until	85723
modified or rescinded.	85724

Wherever the Disability Assistance Program is referred to in	85725
any law, contract, or other document, the reference shall be	85726
deemed to refer to the Disability Financial Assistance Program or	85727
the Disability Medical Assistance Program, whichever is	85728
appropriate.	85729

(B) Notwithstanding any determination through administrative	85730
or judicial order or otherwise, a person who was receiving	85731
financial assistance under the Disability Assistance Program prior	85732
to the effective date of this section ceases to be eligible for	85733
continued financial assistance under the Disability Financial	85734
Assistance Program on the effective date of this section, unless	85735
one of the following is the case:	85736

(1) The person was receiving the assistance on the basis of	85737
being age 60 or older or on the basis of being unable to do any	85738
substantial or gainful activity by reason of a medically	85739
determinable physical or mental impairment that can be expected to	85740
result in death or has lasted or can be expected to last for not	85741
less than nine months.	85742

(2) The person was receiving the assistance by meeting other	85743
eligibility requirements but applies for Disability Financial	85744
Assistance pursuant to section 5115.05 of the Revised Code, as	85745
amended by this act, and receives a determination of eligibility	85746
by meeting the requirements specified in section 5115.01 of the	85747
Revised Code, as amended by this act.	85748

(C) Notwithstanding the provisions of section 5115.10 of the	85749
Revised Code, as amended by this act, that limit eligibility for	85750
disability medical assistance to persons determined to be	85751
medication dependent, both of the following apply:	85752

(1) The Director of Job and Family Services may adopt rules	85753
in accordance with section 111.15 of the Revised Code providing	85754
for and governing temporary provision of disability medical	85755
assistance to persons who were recipients of medical assistance	85756
under the Disability Assistance Program prior to the effective	85757
date of this section.	85758

(2) A person's eligibility for disability medical assistance	85759
may continue pursuant to the rules adopted under division (C)(1)	85760
of this section until the state or county department of job and	85761
family services conducts a redetermination of the person's	85762
eligibility in accordance with the requirement that recipients be	85763
medication dependent, unless the person otherwise becomes	85764
ineligible for disability medical assistance.	85765

Section 58.34. Of the foregoing appropriation item 600-689,	85766
TANF Block Grant, $57,170,000 in fiscal year 2004 shall be used	85767
for the Head Start Program pursuant to an interagency agreement	85768
entered into by Department of Job and Family Services and the	85769
Department of Education under division (A)(2) of section 5101.801	85770
of the Revised Code. Of that amount, $5,000,000 shall be used to	85771
increase the number of Head Start slots in fiscal year 2004.	85772

Of the foregoing appropriation item 600-689, TANF Block	85773
Grant, $110,184,000 in fiscal year 2005 shall be used for the Head	85774
Start Plus Program pursuant to an interagency agreement entered	85775
into by Department of Job and Family Services and the Department	85776
of Education under division (A)(2) of section 5101.801 of the	85777
Revised Code. Of that amount, $5,000,000 shall be used to ensure	85778
that Head Start Plus provider payments are at least $8,500 per	85779
year in fiscal year 2005.	85780

Section 58.35. STUDY OF MEDICAID COVERAGE FOR BREAST AND	85781
CERVICAL CANCER TREATMENT	85782

(A) The Department of Job and Family Services shall conduct a	85783
study of the feasibility of expanding the Medicaid coverage	85784
provided under section 5111.0110 of the Revised Code pursuant to	85785
the "Breast and Cervical Cancer Prevention and Treatment Act of	85786
2000," 114 Stat. 1381, 42 U.S.C. 1396a, as amended. In particular,	85787
the Department shall study the extension of coverage to women who	85788
receive breast and cervical cancer screenings that are not	85789
directly paid for with federal funds obtained under Title XV of	85790
the "Public Health Service Act," 104 Stat. 409 (1990), 42 U.S.C.,	85791
as amended. The study of this extension shall include	85792
consideration of both of the following options, as specified by	85793
the federal Centers for Medicare and Medicaid Services:	85794

(1) Coverage of women who have been screened under a Title	85795
XV-funded Centers for Disease Control and Prevention Breast and	85796
Cervical Cancer Early Detection Program in which their particular	85797
clinical services were not paid for with Title XV funds, but the	85798
services were rendered by a provider or an entity funded at least	85799
in part with Title XV funds, and the services were within the	85800
scope of a grant, sub-grant, or contract under the breast and	85801
cervical cancer early detection program and the Title XV grantee	85802
has elected to include such screening activities by that provider	85803
or entity as screening activities pursuant to Title XV;	85804

(2) Coverage of women who have been screened by any other	85805
provider or entity and the Title XV grantee has elected to include	85806
screening activities by that provider or entity as screening	85807
activities pursuant to Title XV.	85808

(B) Not later than October 1, 2003, the Department shall	85809
complete its study and prepare a report of its findings and	85810
recommendations. The Department shall submit a copy of its report	85811
to the President of the Senate, Speaker of the House of	85812
Representatives, and Director of Budget and Management. Copies of	85813
the report shall be made available to the public on request.	85814

Section 58.36. Pursuant to 7 U.S.C. 2015(o)(4), the	85815
Department of Job and Family Services shall request that the	85816
United States Secretary of Agriculture waive the applicability of	85817
the work requirement of 7 U.S.C. 2015(o)(2) during fiscal years	85818
2004 and 2005 to food stamp benefit recipients who reside in a	85819
county of this state that the Department determines has had an	85820
unemployment rate of over 10 per cent for each of the four months	85821
before the month in which the waiver is in effect for the county.	85822
The Department shall make monthly determinations of which counties	85823
the waiver shall be in effect in. No individual may be exempted	85824
from the work requirements for more than a total of nine months	85825
beginning July 1, 2003, and ending June 30, 2005.	85826

The Department shall report to the Speaker and Minority	85827
Leader of the House of Representatives and President and Minority	85828
Leader of the Senate on receipt or rejection of the waiver sought	85829
under this section.	85830

Section 59.  JCO JUDICIAL CONFERENCE OF OHIO

85831

General Revenue Fund

85832

General Services Fund Group

85835

STATE COUNCIL OF UNIFORM STATE LAWS

85839

Notwithstanding section 105.26 of the Revised Code, of the	85840
foregoing appropriation item 018-321, Operating Expenses, up to	85841
$63,000 in fiscal year 2004 and up to $66,000 in fiscal year 2005	85842
may be used to pay the expenses of the State Council of Uniform	85843
State Laws, including membership dues to the National Conference	85844
of Commissioners on Uniform State Laws.	85845

OHIO JURY INSTRUCTIONS FUND

85846

The Ohio Jury Instructions Fund (Fund 403) shall consist of	85847
grants, royalties, dues, conference fees, bequests, devises, and	85848
other gifts received for the purpose of supporting costs incurred	85849
by the Judicial Conference of Ohio in dispensing educational and	85850
informational data to the state's judicial system. Fund 403 shall	85851
be used by the Judicial Conference of Ohio to pay expenses	85852
incurred in dispensing educational and informational data to the	85853
state's judicial system. All moneys accruing to Fund 403 in excess	85854
of $200,000 in fiscal year 2004 and in excess of $200,000 in	85855
fiscal year 2005 are hereby appropriated for the purposes	85856
authorized.	85857

No money in the Ohio Jury Instructions Fund shall be	85858
transferred to any other fund by the Director of Budget and	85859
Management or the Controlling Board.	85860

Section 60.  JSC THE JUDICIARY/SUPREME COURT

85861

General Revenue Fund

85862

General Services Fund Group

85867

Federal Special Revenue Fund Group

85870

State Special Revenue Fund Group

85873

LAW-RELATED EDUCATION

85880

The foregoing appropriation item 005-406, Law-Related	85881
Education, shall be distributed directly to the Ohio Center for	85882
Law-Related Education for the purposes of providing continuing	85883
citizenship education activities to primary and secondary	85884
students, expanding delinquency prevention programs, increasing	85885
activities for at-risk youth, and accessing additional public and	85886
private money for new programs.	85887

CONTINUING JUDICIAL EDUCATION

85888

The Continuing Judicial Education Fund (Fund 672) shall	85889
consist of fees paid by judges and court personnel for attending	85890
continuing education courses and other gifts and grants received	85891
for the purpose of continuing judicial education. The foregoing	85892
appropriation item 005-601, Continuing Judicial Education, shall	85893
be used to pay expenses for continuing education courses for	85894
judges and court personnel. If it is determined by the	85895
Administrative Director of the Supreme Court that additional	85896
appropriations are necessary, the amounts are hereby appropriated.	85897

No money in the Continuing Judicial Education Fund shall be	85898
transferred to any other fund by the Director of Budget and	85899
Management or the Controlling Board. Interest earned on moneys in	85900
the Continuing Judicial Education Fund shall be credited to the	85901
fund.	85902

FEDERAL GRANTS

85903

The Federal Grants Fund (Fund 3J0) shall consist of grants	85904
and other moneys awarded to the Supreme Court (The Judiciary) by	85905
the United States Government or other entities that receive the	85906
moneys directly from the United States Government and distribute	85907
those moneys to the Supreme Court (The Judiciary). The foregoing	85908
appropriation item 005-603, Federal Grants, shall be used in a	85909
manner consistent with the purpose of the grant or award. If it is	85910
determined by the Administrative Director of the Supreme Court	85911
that additional appropriations are necessary, the amounts are	85912
hereby appropriated.	85913

No money in the Federal Grants Fund shall be transferred to	85914
any other fund by the Director of Budget and Management or the	85915
Controlling Board. However, interest earned on moneys in the	85916
Federal Grants Fund shall be credited or transferred to the	85917
General Revenue Fund.	85918

ATTORNEY REGISTRATION

85919

In addition to funding other activities considered	85920
appropriate by the Supreme Court, the foregoing appropriation item	85921
005-605, Attorney Registration, may be used to compensate	85922
employees and fund the appropriate activities of the following	85923
offices established by the Supreme Court pursuant to the Rules for	85924
the Government of the Bar of Ohio: the Office of Disciplinary	85925
Counsel, the Board of Commissioners on Grievances and Discipline,	85926
the Clients' Security Fund, the Board of Commissioners on the	85927
Unauthorized Practice of Law, and the Office of Attorney	85928
Registration. If it is determined by the Administrative Director	85929
of the Supreme Court that additional appropriations are necessary,	85930
the amounts are hereby appropriated.	85931

No moneys in the Attorney Registration Fund shall be	85932
transferred to any other fund by the Director of Budget and	85933
Management or the Controlling Board. Interest earned on moneys in	85934
the Attorney Registration Fund shall be credited to the fund.	85935

GRANTS AND AWARDS

85936

The Grants and Awards Fund (Fund 5T8) shall consist of grants	85937
and other moneys awarded to the Supreme Court (The Judiciary) by	85938
the State Justice Institute, the Office of Criminal Justice	85939
Services, or other entities. The foregoing appropriation item	85940
005-609, Grants and Awards, shall be used in a manner consistent	85941
with the purpose of the grant or award. If it is determined by the	85942
Administrative Director of the Supreme Court that additional	85943
appropriations are necessary, the amounts are hereby appropriated.	85944

No moneys in the Grants and Awards Fund shall be transferred	85945
to any other fund by the Director of Budget and Management or the	85946
Controlling Board. However, interest earned on moneys in the	85947
Grants and Awards Fund shall be credited or transferred to the	85948
General Revenue Fund.	85949

SUPREME COURT ADMISSIONS

85950

The foregoing appropriation item 005-606, Supreme Court	85951
Admissions, shall be used to compensate Supreme Court employees	85952
who are primarily responsible for administering the attorney	85953
admissions program, pursuant to the Rules for the Government of	85954
the Bar of Ohio, and to fund any other activities considered	85955
appropriate by the court. Moneys shall be deposited into the	85956
Supreme Court Admissions Fund (Fund 6A8) pursuant to the Supreme	85957
Court Rules for the Government of the Bar of Ohio. If it is	85958
determined by the Administrative Director of the Supreme Court	85959
that additional appropriations are necessary, the amounts are	85960
hereby appropriated.	85961

No moneys in the Supreme Court Admissions Fund shall be	85962
transferred to any other fund by the Director of Budget and	85963
Management or the Controlling Board. Interest earned on moneys in	85964
the Supreme Court Admissions Fund shall be credited to the fund.	85965

CONTINUING LEGAL EDUCATION

85966

The foregoing appropriation item 005-607, Commission on	85967
Continuing Legal Education, shall be used to compensate employees	85968
of the Commission on Continuing Legal Education, established	85969
pursuant to the Supreme Court Rules for the Government of the Bar	85970
of Ohio, and to fund other activities of the commission considered	85971
appropriate by the court. If it is determined by the	85972
Administrative Director of the Supreme Court that additional	85973
appropriations are necessary, the amounts are hereby appropriated.	85974

No moneys in the Continuing Legal Education Fund shall be	85975
transferred to any other fund by the Director of Budget and	85976
Management or the Controlling Board. Interest earned on moneys in	85977
the Continuing Legal Education Fund shall be credited to the fund.	85978

Section 61.  LEC LAKE ERIE COMMISSION

85979

State Special Revenue Fund Group

85980

CASH TRANSFER

85986

Not later than the thirtieth day of November of each fiscal	85987
year, the Executive Director of the Ohio Lake Erie Office, with	85988
the approval of the Lake Erie Commission, shall certify to the	85989
Director of Budget and Management the cash balance in the Lake	85990
Erie Resources Fund (Fund 5D8) in excess of amounts needed to meet	85991
operating expenses of the Lake Erie Office. The Ohio Lake Erie	85992
Office may request the Director of Budget and Management to	85993
transfer up to the certified amount from the Lake Erie Resources	85994
Fund (Fund 5D8) to the Lake Erie Protection Fund (Fund 4C0). The	85995
Director of Budget and Management may transfer the requested	85996
amount, or the Director may transfer a different amount up to the	85997
certified amount. Cash transferred shall be used for the purposes	85998
described in division (A) of section 1506.23 of the Revised Code.	85999
The amount transferred by the director is appropriated to the	86000
foregoing appropriation item 780-601, Lake Erie Protection Fund,	86001
which shall be increased by the amount transferred.	86002

Section 62.  LRS LEGAL RIGHTS SERVICE

86003

General Revenue Fund

86004

General Services Fund Group

86010

Federal Special Revenue Fund Group

86015

Section 63.  JLE JOINT LEGISLATIVE ETHICS COMMITTEE

86028

General Revenue Fund

86029

TRANSFER OF FUNDS TO GRF

86033

On July 1, 2003, or as soon thereafter as possible, the	86034
Director of Budget and Management shall transfer 50 per cent of	86035
the cash balance in the Joint Legislative Ethics Committee Fund	86036
(Fund 4G7) to the General Revenue Fund. On July 1, 2004, or as	86037
soon thereafter as possible, the Director of Budget and Management	86038
shall transfer all of the remaining cash balance in the Joint	86039
Legislative Ethics Committee Fund (Fund 4G7) to the General	86040
Revenue Fund.	86041

Section 64. LSC LEGISLATIVE SERVICE COMMISSION

86042

General Revenue Fund

86043

General Services Fund Group

86053

ATMS REPLACEMENT PROJECT

86059

Of the foregoing appropriation item 035-406, ATMS Replacement	86060
Project, any amounts not used for the ATMS project may be used to	86061
pay the operating expenses of the Legislative Service Commission.	86062

Section 65.  LIB STATE LIBRARY BOARD

86063

General Revenue Fund

86064

General Services Fund Group

86072

Federal Special Revenue Fund Group

86078

OHIOANA RENTAL PAYMENTS

86083

The foregoing appropriation item 350-401, Ohioana Rental	86084
Payments, shall be used to pay the rental expenses of the Martha	86085
Kinney Cooper Ohioana Library Association pursuant to section	86086
3375.61 of the Revised Code.	86087

CINCINNATI PUBLIC LIBRARY

86088

The foregoing appropriation item 350-501, Cincinnati Public	86089
Library, shall be used for the Talking Book program, which assists	86090
the blind and disabled.	86091

REGIONAL LIBRARY SYSTEMS

86092

The foregoing appropriation item 350-502, Regional Library	86093
Systems, shall be used to support regional library systems	86094
eligible for funding under section 3375.90 of the Revised Code.	86095

CLEVELAND PUBLIC LIBRARY

86096

The foregoing appropriation item 350-503, Cleveland Public	86097
Library, shall be used for the Talking Book program, which assists	86098
the blind and disabled.	86099

OHIO PUBLIC LIBRARY INFORMATION NETWORK

86100

The foregoing appropriation items 350-604, OPLIN Technology,	86101
and, in fiscal year 2005, 350-400, Ohio Public Library Information	86102
Network, shall be used for an information telecommunications	86103
network linking public libraries in the state and such others as	86104
may be certified as participants by the Ohio Public Library	86105
Information Network Board.	86106

The Ohio Public Library Information Network Board shall	86107
consist of eleven members appointed by the State Library Board	86108
from among the staff of public libraries and past and present	86109
members of boards of trustees of public libraries, based on the	86110
recommendations of the Ohio library community. The Ohio Public	86111
Library Information Network Board, in consultation with the State	86112
Library, shall develop a plan of operations for the network. The	86113
board may make decisions regarding use of the foregoing OPLIN	86114
appropriation items 350-604 and may receive and expend grants to	86115
carry out the operations of the network in accordance with state	86116
law and the authority to appoint and fix the compensation of a	86117
director and necessary staff. The State Library shall be the	86118
fiscal agent for the network and shall have fiscal accountability	86119
for the expenditure of funds. The Ohio Public Library Information	86120
Network Board members shall be reimbursed for actual travel and	86121
necessary expenses incurred in carrying out their	86122
responsibilities.	86123

In order to limit access to obscene and illegal materials	86124
through internet use at Ohio Public Library Information Network	86125
(OPLIN) terminals, local libraries with OPLIN computer terminals	86126
shall adopt policies that control access to obscene and illegal	86127
materials. These policies may include use of technological systems	86128
to select or block certain internet access. The OPLIN shall	86129
condition provision of its funds, goods, and services on	86130
compliance with these policies. The OPLIN Board shall also adopt	86131
and communicate specific recommendations to local libraries on	86132
methods to control such improper usage. These methods may include	86133
each library implementing a written policy controlling such	86134
improper use of library terminals and requirements for parental	86135
involvement or written authorization for juvenile internet usage.	86136

The OPLIN Board shall research and assist or advise local	86137
libraries with regard to emerging technologies and methods that	86138
may be effective means to control access to obscene and illegal	86139
materials. The OPLIN Executive Director shall biannually provide	86140
written reports to the Governor, the Speaker and Minority Leader	86141
of the House of Representatives, and the President and Minority	86142
Leader of the Senate on any steps being taken by OPLIN and public	86143
libraries in the state to limit and control such improper usage as	86144
well as information on technological, legal, and law enforcement	86145
trends nationally and internationally affecting this area of	86146
public access and service.	86147

The Ohio Public Library Information Network, InfOhio, and	86148
OhioLink shall, to the extent feasible, coordinate and cooperate	86149
in their purchase or other acquisition of the use of electronic	86150
databases for their respective users and shall contribute funds in	86151
an equitable manner to such effort.	86152

TRANSFER TO OPLIN TECHNOLOGY FUND

86153

Notwithstanding sections 5747.03 and 5747.47 of the Revised	86154
Code and any other provision of law to the contrary, in accordance	86155
with a schedule established by the Director of Budget and	86156
Management, the Director of Budget and Management shall transfer	86157
up to $5,000,000 in fiscal year 2004 from the Library and Local	86158
Government Support Fund (Fund 065) to the OPLIN Technology Fund	86159
(Fund 4S4).	86160

Section 66.  LCO LIQUOR CONTROL COMMISSION

86161

Liquor Control Fund Group

86162

COMPUTER EQUIPMENT

86166

Of the foregoing appropriation item 970-321, Operating	86167
Expenses, $27,700 in fiscal year 2004 and $4,500 in fiscal year	86168
2005 shall be used for computer equipment.	86169

Section 67.  LOT STATE LOTTERY COMMISSION

86170

State Lottery Fund Group

86171

OPERATING EXPENSES

86182

The Controlling Board may, at the request of the State	86183
Lottery Commission, authorize additional appropriations for	86184
operating expenses of the State Lottery Commission from the State	86185
Lottery Fund up to a maximum of 15 per cent of anticipated total	86186
revenue accruing from the sale of lottery tickets.	86187

PRIZES, BONUSES, AND COMMISSIONS

86188

Any amounts, in addition to the amounts appropriated in	86189
appropriation item 950-601, Prizes, Bonuses, and Commissions, that	86190
are determined by the Director of the State Lottery Commission to	86191
be necessary to fund prizes, bonuses, and commissions are hereby	86192
appropriated.	86193

ANNUITY PRIZES

86194

With the approval of the Office of Budget and Management, the	86195
State Lottery Commission shall transfer cash from the State	86196
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund	86197
(Fund 871) in an amount sufficient to fund deferred prizes. The	86198
Treasurer of State, from time to time, shall credit the Deferred	86199
Prizes Trust Fund (Fund 871) the pro rata share of interest earned	86200
by the Treasurer of State on invested balances.	86201

Any amounts, in addition to the amounts appropriated in	86202
appropriation item 950-602, Annuity Prizes, that are determined by	86203
the Director of the State Lottery Commission to be necessary to	86204
fund deferred prizes and interest earnings are hereby	86205
appropriated.	86206

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

86207

The Ohio Lottery Commission shall transfer an amount greater	86208
than or equal to $637,900,000 in fiscal year 2004 and $637,900,000	86209
in fiscal year 2005 to the Lottery Profits Education Fund.	86210
Transfers from the Commission to the Lottery Profits Education	86211
Fund shall represent the estimated net income from operations for	86212
the Commission in fiscal year 2004 or fiscal year 2005. Transfers	86213
by the Commission to the Lottery Profits Education Fund shall be	86214
administered in accordance with and pursuant to the Revised Code.	86215
The unencumbered and unallotted balances as of June 30, 2003, in	86216
the Unclaimed Prize Fund (Fund 872), are hereby transferred to the	86217
State Lottery Fund Group (Fund 044).	86218

Section 68.  MED STATE MEDICAL BOARD

86219

General Services Fund Group

86220

Section 69.  DMH DEPARTMENT OF MENTAL HEALTH

86226

Division of General Administration Intragovernmental Service Fund	86227
Group	86228

Division of Mental Health--

86232

Psychiatric Services to Correctional Facilities

86233

General Revenue Fund

86234

FORENSIC SERVICES

86238

The foregoing appropriation item 322-401, Forensic Services,	86239
shall be used to provide psychiatric services to courts of common	86240
pleas. The appropriation shall be allocated through community	86241
mental health boards to certified community agencies and shall be	86242
distributed according to the criteria delineated in rule	86243
5122:4-1-01 of the Administrative Code. These community forensic	86244
funds may also be used to provide forensic training to community	86245
mental health boards and to forensic psychiatry residency programs	86246
in hospitals operated by the Department of Mental Health and to	86247
provide evaluations of patients of forensic status in facilities	86248
operated by the Department of Mental Health prior to conditional	86249
release to the community.	86250

In addition, appropriation item 332-401, Forensic Services,	86251
may be used to support projects involving mental health, substance	86252
abuse, courts, and law enforcement to identify and develop	86253
appropriate alternative services to institutionalization for	86254
nonviolent mentally ill offenders, and to provide linkage to	86255
community services for severely mentally disabled offenders	86256
released from institutions operated by the Department of	86257
Rehabilitation and Correction. Funds may also be utilized to	86258
provide forensic monitoring and tracking in addition to community	86259
programs serving persons of forensic status on conditional release	86260
or probation.	86261

Division of Mental Health--

86262

Administration and Statewide Programs

86263

General Revenue Fund

86264

General Services Fund Group

86271

Federal Special Revenue Fund Group

86274

State Special Revenue Fund Group

86282

RESIDENCY TRAINEESHIP PROGRAMS

86289

The foregoing appropriation item 333-402, Resident Trainees,	86290
shall be used to fund training agreements entered into by the	86291
Department of Mental Health for the development of curricula and	86292
the provision of training programs to support public mental health	86293
services.	86294

PRE-ADMISSION SCREENING EXPENSES

86295

The foregoing appropriation item 333-403, Pre-Admission	86296
Screening Expenses, shall be used to pay for costs to ensure that	86297
uniform statewide methods for pre-admission screening are in place	86298
to perform assessments for persons in need of mental health	86299
services or for whom institutional placement in a hospital or in	86300
another inpatient facility is sought. Pre-admission screening	86301
includes the following activities: pre-admission assessment,	86302
consideration of continued stay requests, discharge planning and	86303
referral, and adjudication of appeals and grievance procedures.	86304

LEASE-RENTAL PAYMENTS

86305

The foregoing appropriation item 333-415, Lease-Rental	86306
Payments, shall be used to meet all payments at the times they are	86307
required to be made during the period from July 1, 2003, to June	86308
30, 2005, by the Department of Mental Health pursuant to leases	86309
and agreements made under section 154.20 of the Revised Code, but	86310
limited to the aggregate amount of $49,142,400. Nothing in this	86311
act shall be deemed to contravene the obligation of the state to	86312
pay, without necessity for further appropriation, from the sources	86313
pledged thereto, the bond service charges on obligations issued	86314
pursuant to section 154.20 of the Revised Code.	86315

Section 69.01. DIVISION OF MENTAL HEALTH - HOSPITALS

86316

General Revenue Fund

86317

General Services Fund Group

86321

Federal Special Revenue Fund Group

86326

State Special Revenue Fund Group

86332

COMMUNITY MENTAL HEALTH BOARD RISK FUND

86339

The foregoing appropriation item 334-636, Community Mental	86340
Health Board Risk Fund, shall be used to make payments pursuant to	86341
section 5119.62 of the Revised Code.	86342

Section 69.02. DIVISION OF MENTAL HEALTH - COMMUNITY SUPPORT	86343
SERVICES	86344

General Revenue Fund

86345

General Services Fund Group

86349

Federal Special Revenue Fund Group

86353

State Special Revenue Fund Group

86359

Section 69.03.  COMMUNITY MEDICATION SUBSIDY

86376

The foregoing appropriation item 335-419, Community	86377
Medication Subsidy, shall be used to provide subsidized support	86378
for psychotropic medication needs of indigent citizens in the	86379
community to reduce unnecessary hospitalization because of lack of	86380
medication and to provide subsidized support for methadone costs.	86381

LOCAL MENTAL HEALTH SYSTEMS OF CARE

86382

The foregoing appropriation item 335-505, Local Mental Health	86383
Systems of Care, shall be used for mental health services provided	86384
by community mental health boards in accordance with a community	86385
mental health plan submitted pursuant to section 340.03 of the	86386
Revised Code and as approved by the Department of Mental Health.	86387

Of the foregoing appropriation, not less than $34,818,917 in	86388
fiscal year 2004 and not less than $34,818,917 in fiscal year 2005	86389
shall be distributed by the Department of Mental Health on a per	86390
capita basis to community mental health boards.	86391

Of the foregoing appropriation, $100,000 in each fiscal year	86392
shall be used to fund family and consumer education and support.	86393

BEHAVIORAL HEALTH MEDICAID SERVICES

86394

The Department of Mental Health shall administer specified	86395
Medicaid Services as delegated by the Department of Job and Family	86396
Services in an interagency agreement. The foregoing appropriation	86397
item 333-607, Behavioral Health Medicaid Services, may be used to	86398
make payments for free-standing psychiatric hospital inpatient	86399
services as defined in an interagency agreement with the	86400
Department of Job and Family Services.	86401

Section 70.  DMR DEPARTMENT OF MENTAL RETARDATION AND	86402
DEVELOPMENTAL DISABILITIES	86403

Section 70.01.  GENERAL ADMINISTRATION AND STATEWIDE SERVICES

86404

General Revenue Fund

86405

General Services Fund Group

86410

Federal Special Revenue Fund Group

86414

LEASE-RENTAL PAYMENTS

86428

The foregoing appropriation item 320-415, Lease-Rental	86429
Payments, shall be used to meet all payments at the times they are	86430
required to be made during the period from July 1, 2003, to June	86431
30, 2005, by the Department of Mental Retardation and	86432
Developmental Disabilities pursuant to leases and agreements made	86433
under section 154.20 of the Revised Code, but limited to the	86434
aggregate amount of $49,142,400. Nothing in this act shall be	86435
deemed to contravene the obligation of the state to pay, without	86436
necessity for further appropriation, from the sources pledged	86437
thereto, the bond service charges on obligations issued pursuant	86438
to section 154.20 of the Revised Code.	86439

Section 70.02.  COMMUNITY SERVICES

86440

General Revenue Fund

86441

General Services Fund Group

86451

Federal Special Revenue Fund Group

86458

State Special Revenue Fund Group

86472

RESIDENTIAL AND SUPPORT SERVICES

86479

The Department of Mental Retardation and Developmental	86480
Disabilities may designate a portion of appropriation item	86481
322-413, Residential and Support Services, for the following:	86482

(A) Sermak Class Services used to implement the requirements	86483
of the agreement settling the consent decree in Sermak v. Manuel,	86484
Case No. c-2-80-220, United States District Court for the Southern	86485
District of Ohio, Eastern Division;	86486

(B) Medicaid-reimbursed programs other than home and	86487
community-based waiver services, in an amount not to exceed	86488
$1,000,000 in each fiscal year, that enable persons with mental	86489
retardation and developmental disabilities to live in the	86490
community.	86491

WAIVER STATE MATCH

86492

The purposes for which the foregoing appropriation item	86493
322-416, Waiver State Match, shall be used include the following:	86494

(A) Home and community-based waiver services pursuant to	86495
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	86496
U.S.C. 301, as amended.	86497

(B) Services contracted by county boards of mental	86498
retardation and developmental disabilities.	86499

(C) To pay the nonfederal share of the cost of one or more	86500
new intermediate care facility for the mentally retarded certified	86501
beds in a county where the county board of mental retardation and	86502
developmental disabilities does not initiate or support the	86503
development or certification of such beds, if the director of	86504
mental retardation and developmental disabilities is required by	86505
this act to transfer to the director of job and family services	86506
funds to pay such nonfederal share.	86507

The Department of Mental Retardation and Developmental	86508
Disabilities may designate a portion of appropriation item	86509
322-416, Waiver State Match, to county boards of mental	86510
retardation and developmental disabilities that have greater need	86511
for various residential and support services due to a low	86512
percentage of residential and support services development in	86513
comparison to the number of individuals with mental retardation or	86514
developmental disabilities in the county.	86515

Of the foregoing appropriation item 322-416, Waiver State	86516
Match, $9,850,000 in each year of the biennium shall be	86517
distributed by the Department to county boards of mental	86518
retardation and developmental disabilities to support existing	86519
residential facilities waiver and individual options waiver	86520
related to Medicaid activities provided for in the component of a	86521
county board's plan developed under division (A)(2) of section	86522
5126.054 of the Revised Code and approved under section 5123.046	86523
of the Revised Code. Up to $3,000,000 of these funds in each	86524
fiscal year may be used to implement day-to-day program management	86525
services under division (A)(2) of section 5126.054 of the Revised	86526
Code. Up to $4,200,000 in each fiscal year may be used to	86527
implement the program and health and welfare requirements of	86528
division (A)(2) of section 5126.054 of the Revised Code.	86529

In fiscal years 2004 and 2005 not less than $2,650,000 of	86530
these funds shall be used to recruit and retain, under division	86531
(A)(2) of section 5126.054 of the Revised Code, the direct care	86532
staff necessary to implement the services included in an	86533
individualized service plan in a manner that ensures the health	86534
and welfare of the individuals being served.	86535

The methodology utilized by the department to determine each	86536
residential facilities wavier and individual options provider's	86537
allocation of such funds in fiscal year 2003 shall be used for	86538
allocation purposes to such providers in fiscal years 2004 and	86539
2005, respectively.	86540

SUPPORTED LIVING

86541

The purposes for which the foregoing appropriation item	86542
322-417, Supported Living, shall be used include supported living	86543
services contracted by county boards of mental retardation and	86544
developmental disabilities in accordance with sections 5126.40 to	86545
5126.47 of the Revised Code and to pay the nonfederal share of the	86546
cost of one or more new intermediate care facility for the	86547
mentally retarded certified beds in a county where the county	86548
board of mental retardation and developmental disabilities does	86549
not initiate or support the development or certification of such	86550
beds, if the director of mental retardation and developmental	86551
disabilities is required by this act to transfer to the director	86552
of job and family services funds to pay such nonfederal share.	86553

OTHER RESIDENTIAL AND SUPPORT SERVICE PROGRAMS

86554

Notwithstanding Chapters 5123. and 5126. of the Revised Code,	86555
the Department of Mental Retardation and Developmental	86556
Disabilities may develop residential and support service programs	86557
funded by appropriation item 322-413, Residential and Support	86558
Services, appropriation item 322-416, Waiver State Match, or	86559
appropriation item 322-417, Supported Living, that enable persons	86560
with mental retardation and developmental disabilities to live in	86561
the community. Notwithstanding Chapter 5121. and section 5123.122	86562
of the Revised Code, the department may waive the support	86563
collection requirements of those statutes for persons in community	86564
programs developed by the department under this section. The	86565
department shall adopt rules under Chapter 119. of the Revised	86566
Code or may use existing rules for the implementation of these	86567
programs.	86568

FAMILY SUPPORT SERVICES

86569

Notwithstanding sections 5123.171, 5123.19, 5123.20, and	86570
5126.11 of the Revised Code, the Department of Mental Retardation	86571
and Developmental Disabilities may implement programs funded by	86572
appropriation item 322-451, Family Support Services, to provide	86573
assistance to persons with mental retardation or developmental	86574
disabilities and their families who are living in the community.	86575
The department shall adopt rules to implement these programs. The	86576
department may also use the foregoing appropriation item 322-451,	86577
Family Support Services, to pay the nonfederal share of the cost	86578
of one or more new intermediate care facility for the mentally	86579
retarded certified beds in a county where the county board of	86580
mental retardation and developmental disabilities initiates or	86581
supports the development or certification of such beds, if the	86582
director of mental retardation and developmental disabilities is	86583
required by this act to transfer to the director of job and family	86584
services funds to pay such nonfederal share.	86585

SERVICE AND SUPPORT ADMINISTRATION

86586

The foregoing appropriation item 322-452, Service and Support	86587
Administration, shall be allocated to county boards of mental	86588
retardation and developmental disabilities for the purpose of	86589
providing service and support administration services and to	86590
assist in bringing state funding for all department-approved	86591
service and support administrators within county boards of mental	86592
retardation and developmental disabilities to the level authorized	86593
in division (C) of section 5126.15 of the Revised Code. The	86594
department may request approval from the Controlling Board to	86595
transfer any unobligated appropriation authority from other state	86596
General Revenue Fund appropriation items within the department's	86597
budget to appropriation item 322-452, Service and Support	86598
Administration, to be used to meet the statutory funding level in	86599
division (C) of section 5126.15 of the Revised Code.	86600

Notwithstanding division (C) of section 5126.15 of the	86601
Revised Code and subject to funding in appropriation item 322-452,	86602
Service and Support Administration, no county may receive less	86603
than its allocation in fiscal year 1995. Wherever case management	86604
services are referred to in any law, contract, or other document,	86605
the reference shall be deemed to refer to service and support	86606
administration. No action or proceeding pending on the effective	86607
date of this section is affected by the renaming of case	86608
management services as service and support administration.	86609

The Department of Mental Retardation and Developmental	86610
Disabilities shall adopt, amend, and rescind rules as necessary to	86611
reflect the renaming of case management services as service and	86612
support administration. All boards of mental retardation and	86613
developmental disabilities and the entities with which they	86614
contract for services shall rename the titles of their employees	86615
who provide service and support administration. All boards and	86616
contracting entities shall make corresponding changes to all	86617
employment contracts.	86618

The department may also use the foregoing appropriation item	86619
322-452, Service and Support Administration, to pay the nonfederal	86620
share of the cost of one or more new intermediate care facility	86621
for the mentally retarded certified beds in a county where the	86622
county board of mental retardation and developmental disabilities	86623
initiates or supports the development or certification of such	86624
beds, if the director of mental retardation and developmental	86625
disabilities is required by this act to transfer to the director	86626
of job and family services funds to pay such nonfederal share.	86627

STATE SUBSIDIES TO MR/DD BOARDS

86628

The foregoing appropriation item 322-501, County Boards	86629
Subsidies, shall be distributed to county boards of mental	86630
retardation and developmental disabilities pursuant to section	86631
5126.12 of the Revised Code to the limit of the lesser of the	86632
amount required by that section or the appropriation in	86633
appropriation item 322-501 prorated to all county boards of mental	86634
retardation and developmental disabilities.	86635

The department may also use the foregoing appropriation item	86636
322-501, County Boards Subsidies, to pay the nonfederal share of	86637
the cost of one or more new intermediate care facility for the	86638
mentally retarded certified beds in a county where the county	86639
board of mental retardation and developmental disabilities	86640
initiates or supports the development or certification of such	86641
beds, if the director of mental retardation and developmental	86642
disabilities is required by this act to transfer to the director	86643
of job and family services funds to pay such nonfederal share.	86644

TAX EQUITY

86645

The foregoing appropriation item 322-503, Tax Equity, shall	86646
be used to fund the tax equalization program created under section	86647
5126.18 of the Revised Code for county boards of mental	86648
retardation and developmental disabilities.	86649

INTERSYSTEM SERVICES FOR CHILDREN

86650

The foregoing appropriation item 322-645, Intersystem	86651
Services for Children, shall be used to support direct grants to	86652
county family and children first councils created under section	86653
121.37 of the Revised Code. The funds shall be used as partial	86654
support payment and reimbursement for locally coordinated	86655
treatment plans for multi-needs children that come to the	86656
attention of the Family and Children First Cabinet Council	86657
pursuant to section 121.37 of the Revised Code. The Department of	86658
Mental Retardation and Developmental Disabilities may use up to	86659
five per cent of this amount for administrative expenses	86660
associated with the distribution of funds to the county councils.	86661

WAIVER - MATCH

86662

The foregoing appropriation item 322-604, Waiver-Match (Fund	86663
4K8), shall be used as state matching funds for the home and	86664
community-based waivers.	86665

Section 70.03.  DEVELOPMENTAL CENTER PROGRAM TO DEVELOP A	86666
MODEL BILLING FOR SERVICES RENDERED	86667

Developmental centers of the Department of Mental Retardation	86668
and Developmental Disabilities may provide services to persons	86669
with mental retardation or developmental disabilities living in	86670
the community or to providers of services to these persons. The	86671
department may develop a methodology for recovery of all costs	86672
associated with the provisions of these services.	86673

Section 70.04. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	86674
PHARMACY PROGRAMS	86675

Beginning July 1, 2003, the Department of Mental Retardation	86676
and Developmental Disabilities shall pay the Department of Job and	86677
Family Services quarterly, through intrastate transfer voucher,	86678
the nonfederal share of Medicaid prescription drug claim costs for	86679
all developmental centers paid by the Department of Job and Family	86680
Services.	86681

Section 70.05.  RESIDENTIAL FACILITIES

86682

General Revenue Fund

86683

General Services Fund Group

86687

Federal Special Revenue Fund Group

86692

State Special Revenue Fund Group

86701

(A) The Executive Branch Committee on Medicaid Redesign and	86718
Expansion of MRDD Services, as established by Am. Sub. H.B. 94 of	86719
the 124th General Assembly, shall continue and consist of all of	86720
the following individuals:	86721

(1) One representative of the Governor appointed by the	86722
Governor;	86723

(2) Two representatives of the Department of Mental	86724
Retardation and Developmental Disabilities appointed by the	86725
Director of Mental Retardation and Developmental Disabilities;	86726

(3) Two representatives of the Department of Job and Family	86727
Services appointed by the Director of Job and Family Services;	86728

(4) One representative of the Office of Budget and Management	86729
appointed by the Director of Budget and Management;	86730

(5) One representative of The Arc of Ohio appointed by the	86731
organization's board of trustees;	86732

(6) One representative of the Ohio Association of County	86733
Boards of Mental Retardation and Developmental Disabilities	86734
appointed by the association's board of trustees;	86735

(7) One representative of the Ohio Superintendents of County	86736
Boards of Mental Retardation and Developmental Disabilities	86737
appointed by the organization's board of trustees;	86738

(8) One representative of the Ohio Provider Resource	86739
Association appointed by the association's board of trustees;	86740

(9) One representative of the Ohio Health Care Association	86741
appointed by the association's board of trustees;	86742

(10) One representative of individuals with mental	86743
retardation or other developmental disability appointed by the	86744
Director of Mental Retardation and Developmental Disabilities.	86745

(B) The Governor shall appoint the chairperson of the	86746
committee. Members of the committee shall serve without	86747
compensation or reimbursement, except to the extent that serving	86748
on the committee is considered a part of their regular employment	86749
duties.	86750

(C) The committee shall meet at times determined by the	86751
chairperson to do all of the following:	86752

(1) Review the effect that the provisions of this act	86753
regarding Medicaid funding for services to individuals with mental	86754
retardation or other developmental disability have on the funding	86755
and provision of services to such individuals;	86756

(2) Identify issues related to, and barriers to, the	86757
effective implementation of those provisions of this act with the	86758
goal of meeting the needs of individuals with mental retardation	86759
or other developmental disability;	86760

(3) Establish effective means for resolving the issues and	86761
barriers, including advocating changes to state law, rules, or	86762
both.	86763

(D) The committee shall submit a final report to the Governor	86764
and Directors of Mental Retardation and Developmental Disabilities	86765
and Job and Family Services and shall cease to exist on submission	86766
of the final report unless the Governor issues an executive order	86767
providing for the committee to continue.	86768

Section 71.  MIH COMMISSION ON MINORITY HEALTH

86769

General Revenue Fund

86770

Federal Special Revenue Fund Group

86775

State Special Revenue Fund Group

86779

LUPUS PROGRAM

86784

The foregoing appropriation item 149-502, Lupus Program,	86785
shall be used to provide grants for programs in patient, public,	86786
and professional education on the subject of systemic lupus	86787
erythemtosus; to encourage and develop local centers on lupus	86788
information gathering and screening; and to provide outreach to	86789
minority women.	86790

Section 72.  CRB MOTOR VEHICLE COLLISION REPAIR REGISTRATION	86791
BOARD	86792

General Service Fund Group

86793

Section 73.  DNR DEPARTMENT OF NATURAL RESOURCES

86799

General Revenue Fund

86800

General Services Fund Group

86822

Federal Special Revenue Fund Group

86841

State Special Revenue Fund Group

86858

Clean Ohio Fund Group

86882

Wildlife Fund Group

86885

Waterways Safety Fund Group

86893

Holding Account Redistribution Fund Group

86902

Accrued Leave Liability Fund Group

86907

Section 73.01. FOUNTAIN SQUARE

86913

The foregoing appropriation item 725-404, Fountain Square	86914
Rental Payments - OBA, shall be used by the Department of Natural	86915
Resources to meet all payments required to be made to the Ohio	86916
Building Authority during the period from July 1, 2003, to June	86917
30, 2005, pursuant to leases and agreements with the Ohio Building	86918
Authority under section 152.241 of the Revised Code, but limited	86919
to the aggregate amount of $2,188,100.	86920

The Director of Natural Resources, using intrastate transfer	86921
vouchers, shall make payments to the General Revenue Fund from	86922
funds other than the General Revenue Fund to reimburse the General	86923
Revenue Fund for the other funds' shares of the lease rental	86924
payments to the Ohio Building Authority. The transfers from the	86925
non-General Revenue funds shall be made within 10 days of the	86926
payment to the Ohio Building Authority for the actual amounts	86927
necessary to fulfill the leases and agreements pursuant to section	86928
152.241 of the Revised Code.	86929

The foregoing appropriation item 725-664, Fountain Square	86930
Facilities Management (Fund 635), shall be used for payment of	86931
repairs, renovation, utilities, property management, and building	86932
maintenance expenses for the Fountain Square Complex. Cash	86933
transferred by intrastate transfer vouchers from various	86934
department funds and rental income received by the Department of	86935
Natural Resources shall be deposited into the Fountain Square	86936
Facilities Management Fund (Fund 635).	86937

LEASE RENTAL PAYMENTS

86938

The foregoing appropriation item 725-413, OPFC Lease Rental	86939
Payments, shall be used to meet all payments at the times they are	86940
required to be made during the period from July 1, 2003, to June	86941
30, 2005, by the Department of Natural Resources pursuant to	86942
leases and agreements made under section 154.22 of the Revised	86943
Code, but limited to the aggregate amount of $32,776,000. Nothing	86944
in this act shall be deemed to contravene the obligation of the	86945
state to pay, without necessity for further appropriation, from	86946
the sources pledged thereto, the bond service charges on	86947
obligations issued pursuant to section 154.22 of the Revised Code.	86948

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

86949

The foregoing appropriation item 725-903, Natural Resources	86950
General Obligation Debt Service, shall be used to pay all debt	86951
service and related financing costs at the times they are required	86952
to be made pursuant to sections 151.01 and 151.05 of the Revised	86953
Code during the period from July 1, 2003, to June 30, 2005. The	86954
Office of the Sinking Fund or the Director of Budget and	86955
Management shall effectuate the required payments by an intrastate	86956
transfer voucher.	86957

Section 73.02. WILDLIFE LICENSE REIMBURSEMENT

86958

Notwithstanding the limits of the transfer from the General	86959
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15	86960
of the Revised Code, up to the amount available in appropriation	86961
item 725-425, Wildlife License Reimbursement, may be transferred	86962
from the General Revenue Fund to the Wildlife Fund (Fund 015).	86963
Pursuant to the certification of the Director of Budget and	86964
Management of the amount of foregone revenue in accordance with	86965
section 1533.15 of the Revised Code, the foregoing appropriation	86966
item in the General Revenue Fund, appropriation item 725-425,	86967
Wildlife License Reimbursement, shall be used to reimburse the	86968
Wildlife Fund (Fund 015) for the cost of hunting and fishing	86969
licenses and permits issued after June 30, 1990, to individuals	86970
who are exempted under the Revised Code from license, permit, and	86971
stamp fees.	86972

CANAL LANDS

86973

The foregoing appropriation item 725-456, Canal Lands, shall	86974
be used to transfer funds to the Canal Lands Fund (Fund 430) to	86975
provide operating expenses for the State Canal Lands Program. The	86976
transfer shall be made using an intrastate transfer voucher and	86977
shall be subject to the approval of the Director of Budget and	86978
Management.	86979

SOIL AND WATER DISTRICTS

86980

In addition to state payments to soil and water conservation	86981
districts authorized by section 1515.10 of the Revised Code, the	86982
Department of Natural Resources may pay to any soil and water	86983
conservation district, from authority in appropriation item	86984
725-502, Soil and Water Districts, an annual amount not to exceed	86985
$30,000, upon receipt of a request and justification from the	86986
district and approval by the Ohio Soil and Water Conservation	86987
Commission. The county auditor shall credit the payments to the	86988
special fund established under section 1515.10 of the Revised Code	86989
for the local soil and water conservation district. Moneys	86990
received by each district shall be expended for the purposes of	86991
the district.	86992

Of the foregoing appropriation item 725-502, Soil and Water	86993
Districts, $120,000 shall be earmarked in fiscal year 2004 for the	86994
Franklin County Soil and Water District.	86995

Of the foregoing appropriation item 725-502, Soil and Water	86996
Districts, $175,000 shall be earmarked in fiscal year 2004 for the	86997
Indian Lake Watershed.	86998

Of the foregoing appropriation item 725-502, Soil and Water	86999
Districts, $50,000 shall be earmarked for the Rush Creek Watershed	87000
in each fiscal year.	87001

Of the foregoing appropriation item 725-502, Soil and Water	87002
Districts, $28,000 shall be earmarked for the Conservation Action	87003
Program in each fiscal year.	87004

Of the foregoing appropriation item 725-502, Soil and Water	87005
Districts, $150,000 each fiscal year shall be earmarked for the	87006
Muskingum Conservancy District.	87007

Of the foregoing appropriation item 725-502, Soil and Water	87008
Districts, $120,000 each fiscal year shall be earmarked for the	87009
relocation of Route 30.	87010

FUND CONSOLIDATION

87011

On July 15, 2003, or as soon thereafter as possible, the	87012
Director of Budget and Management shall transfer the cash balance	87013
as certified by the Director of Natural Resources from the Coastal	87014
Management-Federal Fund (Fund 3P3) to the REALM-Federal Fund (Fund	87015
3Z5). The Director shall cancel any remaining outstanding	87016
encumbrances against appropriation item 725-650, Coastal	87017
Management-Federal, that are associated with the REALM federal	87018
programs and reestablish them against appropriation item 725-657,	87019
REALM-Federal. The amounts of any encumbrances canceled and	87020
reestablished are hereby appropriated.	87021

LAW ENFORCEMENT ADMINISTRATION

87022

On or after July 1, 2003, but not later than July 15, 2003,	87023
the Director of Budget and Management shall transfer $969,825 from	87024
the Central Support Indirect Fund (Fund 157) to the Law	87025
Enforcement Administration Fund (Fund 223). On or after July 1,	87026
2004, but not later than July 15, 2004, the Director of Budget and	87027
Management shall transfer $976,225 from the Central Support	87028
Indirect Fund (Fund 157) to the Law Enforcement Administration	87029
Fund (Fund 223).	87030

OIL AND GAS WELL PLUGGING

87031

The foregoing appropriation item 725-677, Oil and Gas Well	87032
Plugging, shall be used exclusively for the purposes of plugging	87033
wells and to properly restore the land surface of idle and orphan	87034
oil and gas wells pursuant to section 1509.071 of the Revised	87035
Code. No funds from the appropriation item shall be used for	87036
salaries, maintenance, equipment, or other administrative	87037
purposes, except for those costs directly attributed to the	87038
plugging of an idle or orphan well. Appropriation authority from	87039
this appropriation item shall not be transferred to any other fund	87040
or line item.	87041

CLEAN OHIO OPERATING EXPENSES

87042

The foregoing appropriation item 725-405, Clean Ohio	87043
Operating, shall be used by the Department of Natural Resources in	87044
administering section 1519.05 of the Revised Code.	87045

DIVISION OF SOIL AND WATER

87046

Of the foregoing appropriation item 737-321, Division of Soil	87047
and Water, $220,000 in each fiscal year shall be earmarked for the	87048
Water Quality Laboratory located at Heidelberg College.	87049

WATERCRAFT MARINE PATROL

87050

Of the foregoing appropriation item 739-401, Division of	87051
Watercraft, not more than $200,000 in each fiscal year shall be	87052
expended for the purchase of equipment for marine patrols	87053
qualifying for funding from the Department of Natural Resources	87054
pursuant to section 1547.67 of the Revised Code. Proposals for	87055
equipment shall accompany the submission of documentation for	87056
receipt of a marine patrol subsidy pursuant to section 1547.67 of	87057
the Revised Code and shall be loaned to eligible marine patrols	87058
pursuant to a cooperative agreement between the Department of	87059
Natural Resources and the eligible marine patrol.	87060

ELIMINATION OF CIVILIAN CONSERVATION CORPS

87061

Upon the closure of the Division of Civilian Conservation,	87062
the Director of Natural Resources, not later than June 30, 2004,	87063
shall distribute, allocate, salvage, or transfer all assets,	87064
equipment, supplies, and cash balances of the Division of Civilian	87065
Conservation to other operating divisions of the Department of	87066
Natural Resources as determined by the director. The director	87067
shall maintain a record of such disposition of all assets.	87068

The director shall maintain balances within the Civilian	87069
Conservation Corps Fund to pay all outstanding obligations,	87070
including unemployment and other costs associated with the orderly	87071
closure of the Division of Civilian Conservation. All amounts	87072
necessary for the orderly closure are hereby appropriated.	87073

PROHIBITION AGAINST ENTRANCE FEES FOR STATE PARKS AND NATURE	87074
PRESERVES	87075

During the biennium that includes fiscal years 2004 and 2005,	87076
the Department of Natural Resources shall not charge a fee for the	87077
privilege of entering a state park or a nature preserve, as	87078
"nature preserve" is defined in section 1517.01 of the Revised	87079
Code.	87080

Section 74.  NUR STATE BOARD OF NURSING

87081

General Services Fund Group

87082

NURSING SPECIAL ISSUES

87088

The foregoing appropriation item 884-601, Nursing Special	87089
Issues (Fund 5P8), shall be used to pay the costs the Board of	87090
Nursing incurs in implementing section 4723.062 of the Revised	87091
Code.	87092

Section 75. OLA OHIOANA LIBRARY ASSOCIATION

87093

General Revenue Fund

87094

Section 76.  ODB OHIO OPTICAL DISPENSERS BOARD

87099

General Services Fund Group

87100

Section 77.  OPT STATE BOARD OF OPTOMETRY

87106

General Services Fund Group

87107

Section 78.  OPP STATE BOARD OF ORTHOTICS, PROSTHETICS, AND	87113
PEDORTHICS	87114

General Services Fund Group

87115

Section 80.  PBR STATE PERSONNEL BOARD OF REVIEW

87120

General Revenue Fund

87121

General Services Fund Group

87124

TRANSCRIPT AND OTHER

87129

The foregoing appropriation item 124-601, Transcript and	87130
Other, may be used to defray the costs of producing an	87131
administrative record.	87132

Section 81.  PRX STATE BOARD OF PHARMACY

87133

General Services Fund Group

87134

Section 82.  PSY STATE BOARD OF PSYCHOLOGY

87141

General Services Fund Group

87142

Section 83.  PUB OHIO PUBLIC DEFENDER COMMISSION

87148

General Revenue Fund

87149

General Services Fund Group

87158

Federal Special Revenue Fund Group

87165

State Special Revenue Fund Group

87169

JUVENILE REPRESENTATION

87176

Of the foregoing appropriation item 019-401, State Legal	87177
Defense Services, at least $250,000 in each fiscal year shall be	87178
used to provide legal services and assistance to juveniles.	87179

INDIGENT DEFENSE OFFICE

87180

The foregoing appropriation items 019-404, Trumbull County -	87181
State Share, and 019-610, Trumbull County - County Share, shall be	87182
used to support an indigent defense office for Trumbull County.	87183

MULTI-COUNTY OFFICE

87184

The foregoing appropriation items 019-403, Multi-County:	87185
State Share, and 019-601, Multi-County: County Share, shall be	87186
used to support the Office of the Ohio Public Defender's	87187
Multi-County Branch Office Program.	87188

TRAINING ACCOUNT

87189

The foregoing appropriation item 019-405, Training Account,	87190
shall be used by the Ohio Public Defender to provide legal	87191
training programs at no cost for private appointed counsel who	87192
represent at least one indigent defendant at no cost and for state	87193
and county public defenders and attorneys who contract with the	87194
Ohio Public Defender to provide indigent defense services.	87195

FEDERAL REPRESENTATION

87196

The foregoing appropriation item 019-608, Federal	87197
Representation, shall be used to receive reimbursements from the	87198
federal courts when the Ohio Public Defender provides	87199
representation in federal court cases and to support	87200
representation in such cases.	87201

Section 84.  DHS DEPARTMENT OF PUBLIC SAFETY

87202

General Revenue Fund

87203

General Services Fund

87209

State Special Revenue Fund

87212

OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT

87218

Of the foregoing appropriation item 763-403, Operating	87219
Expenses - EMA, $200,000 in each fiscal year shall be used to fund	87220
the Ohio Task Force One - Urban Search and Rescue Unit and other	87221
urban search and rescue programs around the state to create a	87222
stronger search and rescue capability statewide.	87223

INDIVIDUAL AND HOUSEHOLDS GRANTS STATE MATCH

87224

The foregoing appropriation item 763-507, Individual and	87225
Households Grants, shall be used to fund the state share of costs	87226
to provide grants to individuals and households in cases of	87227
disaster.	87228

GRANTS-VOLUNTEER FIRE DEPARTMENTS

87229

The foregoing appropriation item 768-402, Grants-Volunteer	87230
Fire Departments, shall be used to make annual grants to volunteer	87231
fire departments of up to $10,000 or up to $25,000 if the	87232
volunteer fire department provides service for an area affected by	87233
a natural disaster. Beginning October 1, 2003, the grant program	87234
shall be administered by the Fire Marshal under the Department of	87235
Public Safety. The Fire Marshal shall adopt rules necessary for	87236
the administration and operation of the grant program.	87237

SMALL GOVERNMENT FIRE DEPARTMENTS

87238

After October 1, 2003, upon the request of the Director of	87239
Public Safety, the Director of Budget and Management shall	87240
transfer $250,000 cash in each fiscal year from the State Fire	87241
Marshal Fund (Fund 5Y2) within the State Special Revenue Fund	87242
Group to the Small Government Fire Departments Fund (Fund 224)	87243
within the General Services Fund Group.	87244

Notwithstanding section 3737.17 of the Revised Code, the	87245
foregoing appropriation item 768-658, Small Government Fire	87246
Departments, may be used to provide loans to private fire	87247
departments.	87248

FIRE MARSHAL FUND

87249

On October 1, 2003, the State Fire Marshal Fund (Fund 546)	87250
shall be transferred from the Department of Commerce to the	87251
Department of Public Safety. At the request of the Director of	87252
Commerce, the Director of Budget and Management may cancel	87253
encumbrances in these funds from the Department of Commerce's	87254
appropriation item 800-610, Fire Marshal, and reestablish such	87255
encumbrances or parts of encumbrances in fiscal year 2004 for the	87256
same purpose and to the same vendor in the Department of Public	87257
Safety's appropriation item 768-635, Fire Marshal. The Director of	87258
Budget and Management shall reduce the appropriation balances in	87259
fiscal year 2003 by the amount of encumbrances canceled in the	87260
funds. As determined by the Director of Budget and Management, the	87261
appropriation authority necessary to reestablish such encumbrances	87262
or parts of encumbrances in fiscal year 2004 for the Department of	87263
Public Safety is hereby appropriated. On July 31, 2003, or as soon	87264
as possible thereafter, the Director of Budget and Management	87265
shall transfer $1,800,000 cash from the Fire Marshal Fund (Fund	87266
546) to the Department of Commerce, Division of Administration	87267
Fund (Fund 163, 800-620).	87268

FIREWORKS TRAINING AND EDUCATION FUND

87269

On October 1, 2003, the Fireworks Training & Education Fund	87270
(Fund 4L5) shall be transferred from the Department of Commerce to	87271
the Department of Public Safety. At the request of the Director of	87272
Commerce, the Director of Budget and Management may cancel	87273
encumbrances in these funds from the Department of Commerce's	87274
appropriation item 800-609, Fire Marshal, and reestablish such	87275
encumbrances or parts of encumbrances in fiscal year 2004 for the	87276
same purpose and to the same vendor in the Department of Public	87277
Safety's appropriation item 768-620, Fireworks Training and	87278
Education. The Director of Budget and Management shall reduce the	87279
appropriation balances in fiscal year 2003 by the amount of	87280
encumbrances canceled in the funds. As determined by the Director	87281
of Budget and Management, the appropriation authority necessary to	87282
reestablish such encumbrances or parts of encumbrances in fiscal	87283
year 2004 for the Department of Public Safety is hereby	87284
appropriated.	87285

GRANTS-VOLUNTEER FIRE DEPARTMENTS FUND

87286

On October 1, 2003, the Grants- Volunteer Fire Departments	87287
Fund (Fund GRF) shall be transferred from the Department of	87288
Commerce to the Department of Public Safety. At the request of the	87289
Director of Commerce, the Director of Budget and Management may	87290
cancel encumbrances in these funds from the Department of	87291
Commerce's appropriation item 800-402, Grants- Volunteer Fire	87292
Departments, and reestablish such encumbrances or parts of	87293
encumbrances in fiscal year 2004 for the same purpose and to the	87294
same vendor in the Department of Public Safety's appropriation	87295
item 768-402, Grants-Volunteer Fire Departments. The Director of	87296
Budget and Management shall reduce the appropriation balances in	87297
fiscal year 2003 by the amount of encumbrances canceled in the	87298
funds. As determined by the Director of Budget and Management, the	87299
appropriation authority necessary to reestablish such encumbrances	87300
or parts of encumbrances in fiscal year 2004 for the Department of	87301
Public Safety is hereby appropriated.	87302

SMALL GOVERNMENT FIRE DEPARTMENTS FUND

87303

On October 1, 2003, the Small Government Fire Departments	87304
Fund (Fund 5F1) shall be transferred from the Department of	87305
Commerce to the Department of Public Safety. At the request of the	87306
Director of Commerce, the Director of Budget and Management may	87307
cancel encumbrances in these funds from the Department of	87308
Commerce's appropriation item 800-635, Small Government Fire	87309
Departments, and reestablish such encumbrances or parts of	87310
encumbrances in fiscal year 2004 for the same purpose and to the	87311
same vendor in the Department of Public Safety's appropriation	87312
item 768-658, Small Government Fire Departments. The Director of	87313
Budget and Management shall reduce the appropriation balances in	87314
fiscal year 2003 by the amount of encumbrances canceled in the	87315
funds. As determined by the Director of Budget and Management, the	87316
appropriation authority necessary to reestablish such encumbrances	87317
or parts of encumbrances in fiscal year 2004 for the Department of	87318
Public Safety is hereby appropriated.	87319

FIRE MARSHAL TRANSFER FROM COMMERCE TO PUBLIC SAFETY

87320

Notwithstanding any provision of law to the contrary, the	87321
Director of Budget and Management is authorized to take the	87322
actions described in this section. This section applies to budget	87323
changes made necessary by administrative reorganization, program	87324
transfers, the creation of new funds, and the consolidation of	87325
funds as authorized by this act. The Director of Budget and	87326
Management may make any transfers of cash balances between funds.	87327
At the request of the Office of Budget and Management, the	87328
administering agency head shall certify to the Director the amount	87329
of an estimate of the amount of the cash balance to be transferred	87330
to the receiving fund. The Director may transfer the estimated	87331
amount or the estimate of the amount when needed to make payments.	87332
Not more than thirty days after certifying the estimated amount	87333
the administering agency head shall certify the final amount to	87334
the Director. The Director shall transfer the difference between	87335
any estimated amount previously transferred and the certified	87336
final amount.	87337

Any fiscal year 2003 and 2004 unencumbered or unallotted	87338
appropriation balances may be transferred to the appropriate line	87339
item to be used for the same purposes, as determined by the	87340
Director of Budget and Management.	87341

On October 1, 2003, or the first day of the first pay period	87342
commencing after the effective date of this section, whichever is	87343
later, the licensing and enforcement functions of the Department	87344
of Commerce, Division of State Fire Marshal conducted pursuant to	87345
Chapter 3737. of the Revised Code and the assets, real estate	87346
liabilities, any capital spending authority related thereto,	87347
equipment, and records, regardless of form or medium, relating to	87348
those functions are transferred to the Department of Public	87349
Safety. The Department of Public Safety thereupon assumes these	87350
functions.	87351

Any business commenced but not completed by the Director or	87352
Department of Commerce, Division of State Fire Marshal pursuant to	87353
Chapter 3737. of the Revised Code on the effective date of this	87354
section relating to the functions transferred under this section	87355
shall be completed by the Director or Department of Public Safety	87356
in the same manner, and with the same effect, as if completed by	87357
the Director or Department of Commerce, Division of State Fire	87358
Marshal. No validation, cure, right, privilege, remedy,	87359
obligation, or liability is lost or impaired by reason of the	87360
transfer of functions required by this section and shall be	87361
administered by the Department of Public Safety. All of the rules,	87362
orders, and determinations enacted or adopted by the Department of	87363
Commerce, Division of State Fire Marshal relating to the transfer	87364
of these functions continue in effect as rules, orders, and	87365
determinations of the Department of Public Safety until modified	87366
or rescinded by the Department of Public Safety. If necessary to	87367
ensure the integrity of the numbering of the Administrative Code,	87368
the Director of the Legislative Service Commission shall renumber	87369
the rules of the Department of Commerce, Division of State Fire	87370
Marshal enacted or adopted pursuant to Chapter 3737. of the	87371
Revised Code to reflect their transfer to the Department of Public	87372
Safety.	87373

Subject to the lay-off provisions of sections 124.321 to	87374
124.328 of the Revised Code, all employees of the Department of	87375
Commerce, Division of State Fire Marshal who perform functions	87376
pursuant to Chapter 3737. of the Revised Code that are transferred	87377
under this section are transferred to the Department of Public	87378
Safety. The vehicles and equipment assigned to such employees are	87379
also transferred to the Department of Public Safety.	87380

Whenever the Director or the Department of Commerce, or the	87381
Superintendent or the Division of State Fire Marshal is referred	87382
to in any law, contract, or other document relating to the	87383
functions transferred under this section, the reference shall be	87384
deemed to refer to the Director or Department of Public Safety,	87385
whichever is appropriate.	87386

No action or proceeding pending and no license or	87387
registration issued as of the effective date of this section is	87388
affected by the transfer, and shall be recognized, prosecuted, or	87389
defended in the name of the Director of the Department of Public	87390
Safety. In all such actions, the Director or Department of Public	87391
Safety, upon application to the court, shall be substituted as a	87392
party.	87393

PI & SECURITY GUARD PROVIDER FUND

87394

On January 1, 2004, the PI & Security Guard Provider Fund	87395
(Fund 5B9) shall be transferred from the Department of Commerce to	87396
the Department of Public Safety. At the request of the Director of	87397
Commerce, the Director of Budget and Management may cancel	87398
encumbrances in these funds from the Department of Commerce's	87399
appropriation item 800-632, PI & Security Guard Provider, and	87400
reestablish such encumbrances or parts of encumbrances in fiscal	87401
year 2004 for the same purpose and to the same vendor in the	87402
Department of Public Safety's appropriation item 766-632, PI &	87403
Security Guard Provider. The Director of Budget and Management	87404
shall reduce the appropriation balances in fiscal year 2003 by the	87405
amount of encumbrances cancelled in the funds. As determined by	87406
the Director of Budget and Management, the appropriation authority	87407
necessary to reestablish such encumbrances or parts of	87408
encumbrances in fiscal year 2004 for the Department of Public	87409
Safety is hereby appropriated.	87410

PI & SECURITY GUARD TRANSFER FROM COMMERCE TO PUBLIC SAFETY

87411

Notwithstanding any provision of law to the contrary, the	87412
Director of Budget and Management is authorized to take the	87413
actions described in this section. This section applies to budget	87414
changes made necessary by administrative reorganization, program	87415
transfers, the creation of new funds, and the consolidation of	87416
funds as authorized by this act. The Director of Budget and	87417
Management may make any transfers of cash balances between funds.	87418
At the request of the Office of Budget and Management, the	87419
administering agency head shall certify to the Director the amount	87420
or an estimate of the amount of the cash balance to be transferred	87421
to the receiving fund. The Director may transfer the amount or the	87422
estimate of the amount when needed to make payments. Not more than	87423
thirty days after certifying the estimated amount the	87424
administering agency head shall certify the final amount to the	87425
Director. The Director shall transfer the difference between any	87426
estimated amount previously transferred and the certified final	87427
amount.	87428

Any fiscal year 2003 and 2004 unencumbered or unallotted	87429
appropriation balances may be transferred to the appropriate	87430
appropriation item to be used for the same purposes, as determined	87431
by the Director of Budget and Management.	87432

On January 1, 2004, or the first day of the first pay period	87433
commencing after the effective date of this section, whichever is	87434
later, the licensing and enforcement functions of the Department	87435
of Commerce, Division of Real Estate and Professional Licensing	87436
conducted pursuant to Chapter 4749. of the Revised Code and the	87437
assets, liabilities, any capital spending authority related	87438
thereto, equipment, and records, regardless of form or medium,	87439
relating to those functions are transferred to the Department of	87440
Public Safety. The Department of Public Safety thereupon assumes	87441
these functions.	87442

Any business commenced but not completed by the Director or	87443
Department of Commerce, Division of Real Estate and Professional	87444
Licensing pursuant to Chapter 4749. of the Revised Code on the	87445
effective date of this section relating to the functions	87446
transferred under this section shall be completed by the Director	87447
or Department of Public Safety in the same manner, and with the	87448
same effect, as if completed by the Director or Department of	87449
Commerce, Division of Real Estate and Professional Licensing. No	87450
validation, cure, right, privilege, remedy, obligation, or	87451
liability is lost or impaired by reason of the transfer of	87452
functions required by this section and shall be administered by	87453
the Department of Public Safety. All of the rules, orders, and	87454
determinations enacted or adopted by the Department of Commerce,	87455
Division of Real Estate and Professional Licensing relating to the	87456
transfer of these functions continue in effect as rules, orders,	87457
and determinations of the Department of Public Safety until	87458
modified or rescinded by the Department of Public Safety. If	87459
necessary to ensure the integrity of the numbering of the	87460
Administrative Code, the Director of the Legislative Service	87461
Commission shall renumber the rules of the Department of Commerce,	87462
Division of Real Estate and Professional Licensing enacted or	87463
adopted pursuant to Chapter 4749. of the Revised Code to reflect	87464
their transfer to the Department of Public Safety.	87465

Subject to the layoff provisions of sections 124.321 to	87466
124.328 of the Revised Code, all employees of the Department of	87467
Commerce, Division of Real Estate and Professional Licensing who	87468
perform functions pursuant to Chapter 4749. of the Revised Code	87469
that are transferred under this section are transferred to the	87470
Department of Public Safety. The vehicles and equipment assigned	87471
to such employees are also transferred to the Department of Public	87472
Safety.	87473

Whenever the Director or the Department of Commerce, or the	87474
Superintendent or the Division of Real Estate and Professional	87475
Licensing is referred to in any law, contract, or other document	87476
relating to the functions transferred under this section, the	87477
reference shall be deemed to refer to the Director or Department	87478
of Public Safety, whichever is appropriate.	87479

No action or proceeding pending and no license or	87480
registration issued as of the effective date of this section is	87481
affected by the transfer, and shall be recognized, prosecuted, or	87482
defended in the name of the Director of the Department of Public	87483
Safety. In all such actions, the Director or Department of Public	87484
Safety, upon application to the court, shall be substituted as a	87485
party.	87486

Section 85.  PUC PUBLIC UTILITIES COMMISSION OF OHIO

87487

General Services Fund Group

87488

Federal Special Revenue Fund Group

87495

State Special Revenue Fund Group

87501

Agency Fund Group

87514

COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT

87518

The Commercial Vehicle Information Systems and Networks Fund	87519
is hereby created in the state treasury. The Commercial Vehicle	87520
Information Systems and Networks Fund shall receive funding from	87521
the United States Department of Transportation's Commercial	87522
Vehicle Intelligent Transportation System Infrastructure	87523
Deployment Program and shall be used to deploy the Ohio Commercial	87524
Vehicle Information Systems and Networks Project and to expedite	87525
and improve the safety of motor carrier operations through	87526
electronic exchange of data by means of on-highway electronic	87527
systems.	87528

Notwithstanding section 4905.80 of the Revised Code, up to	87529
$435,000 in fiscal year 2004 and $150,000 in fiscal year 2005 of	87530
the foregoing appropriation item 870-618, Hazardous Material	87531
Registration, may be used to pay the state share of the	87532
implementation of the Ohio Commercial Vehicle Information Systems	87533
and Networks Project.	87534

Notwithstanding section 4923.12 of the Revised Code, up to	87535
$435,000 in fiscal year 2004 and $150,000 in fiscal year 2005 of	87536
the foregoing appropriation item 870-620, Civil Forfeitures, may	87537
be used to pay the state share of the implementation of the Ohio	87538
Commercial Vehicle Information Systems and Networks Project.	87539

Section 86. PWC PUBLIC WORKS COMMISSION

87540

General Revenue Fund

87541

Clean Ohio Fund Group

87546

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

87550

The foregoing appropriation item 150-904, Conservation	87551
General Obligation Debt Service, shall be used to pay all debt	87552
service and related financing costs at the times they are required	87553
to be made pursuant to sections 151.01 and 151.09 of the Revised	87554
Code during the period from July 1, 2003, to June 30, 2005. The	87555
Office of the Sinking Fund or the Director of Budget and	87556
Management shall effectuate the required payments by an intrastate	87557
transfer voucher.	87558

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

87559

The foregoing appropriation item 150-907, State Capital	87560
Improvements General Obligation Debt Service, shall be used to pay	87561
all debt service and related financing costs at the times they are	87562
required to be made pursuant to sections 151.01 and 151.08 of the	87563
Revised Code during the period from July 1, 2003, to June 30,	87564
2005. The 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

CLEAN OHIO OPERATING EXPENSES

87568

The foregoing appropriation item 150-403, Clean Ohio	87569
Operating Expenses, shall be used by the Ohio Public Works	87570
Commission in administering sections 164.20 to 164.27 of the	87571
Revised Code.	87572

Section 87.  RAC STATE RACING COMMISSION

87573

State Special Revenue Fund Group

87574

Holding Account Redistribution Fund Group

87582

Section 88.  BOR BOARD OF REGENTS

87588

General Revenue Fund

87589

General Services Fund Group

87659

Federal Special Revenue Fund Group

87664

State Special Revenue Fund Group

87676

Section 88.01. OPERATING EXPENSES

87685

Of the foregoing appropriation item 235-321, Operating	87686
Expenses, up to $500,000 shall be used in fiscal year 2004 to	87687
support the activities of the Commission on Higher Education and	87688
the Economy. The Commission shall recommend a strategy to improve	87689
the quality and efficiency of Ohio's higher education system to	87690
increase effectiveness, eliminate unnecessary duplication, broaden	87691
the use of technology, and determine how higher education can most	87692
effectively support the state's economy, best prepare Ohio	87693
students for Third Frontier jobs, and add to the quality of life	87694
for Ohio's citizens. The Commission shall also study the ten year	87695
plan for higher education in the context of curricula, the number	87696
of higher education institutions, and the number and types of	87697
higher education degrees in relation to the needs created through	87698
the Third Frontier and other high technology economic initiatives.	87699
The Director of Budget and Management may transfer any	87700
unencumbered fiscal year 2004 balance to fiscal year 2005 to	87701
support the activities of the Commission.	87702

LEASE RENTAL PAYMENTS

87703

The foregoing appropriation item 235-401, Lease Rental	87704
Payments, shall be used to meet all payments at the times they are	87705
required to be made during the period from July 1, 2003, to June	87706
30, 2005, by the Board of Regents pursuant to leases and	87707
agreements made under section 154.21 of the Revised Code, but	87708
limited to the aggregate amount of $463,377,100. Nothing in this	87709
act shall be deemed to contravene the obligation of the state to	87710
pay, without necessity for further appropriation, from the sources	87711
pledged thereto, the bond service charges on obligations issued	87712
pursuant to section 154.21 of the Revised Code.	87713

SEA GRANTS

87714

The foregoing appropriation item 235-402, Sea Grants, shall	87715
be disbursed to the Ohio State University and shall be used to	87716
conduct research on fish in Lake Erie.	87717

MATHEMATICS AND SCIENCE TEACHING IMPROVEMENT

87718

Appropriation item 235-403, Math/Science Teaching	87719
Improvement, shall be used by the Board of Regents to support	87720
programs such as OSI - Discovery designed to raise the quality of	87721
mathematics and science teaching in primary and secondary	87722
education.	87723

Of the foregoing appropriation item 235-403, Math/Science	87724
Teaching Improvement, $217,669 in each fiscal year shall be	87725
distributed to the Mathemathics and Science Center in Lake County.	87726

Of the foregoing appropriation item 235-403, Math/Science	87727
Teaching Improvement, $87,068 in fiscal year 2004 and $87,067 in	87728
fiscal year 2005 shall be distributed to the Ohio Mathematics and	87729
Science Coalition.	87730

COLLEGE READINESS INITIATIVES

87731

Appropriation item 235-404, College Readiness Initiatives,	87732
shall be used by the Board of Regents to support programs designed	87733
to improve the academic preparation and increase the number of	87734
students that enroll and succeed in higher education.	87735

MIDWEST HIGHER EDUCATION COMPACT

87736

The foregoing appropriation item 235-408, Midwest Higher	87737
Education Compact, shall be distributed by the Board of Regents	87738
pursuant to section 3333.40 of the Revised Code.	87739

INFORMATION SYSTEM

87740

The foregoing appropriation item 235-409, Information System,	87741
shall be used by the Board of Regents to operate the higher	87742
education information data system known as the Higher Education	87743
Information System.	87744

Section 88.02. JOBS CHALLENGE

87745

Funds appropriated to appropriation item 235-415, Jobs	87746
Challenge, shall be distributed to state-assisted community and	87747
technical colleges, regional campuses of state-assisted	87748
universities, and other organizationally distinct and identifiable	87749
member campuses of the EnterpriseOhio Network in support of	87750
noncredit job-related training. In each fiscal year, $2,770,773	87751
shall be distributed as performance grants to EnterpriseOhio	87752
Network campuses based upon each campus's documented performance	87753
according to criteria established by the Board of Regents for	87754
increasing training and related services to businesses,	87755
industries, and public sector organizations.	87756

Of the foregoing appropriation item 235-415, Jobs Challenge,	87757
$2,819,345 in each fiscal year shall be allocated to the Targeted	87758
Industries Training Grant Program to attract, develop, and retain	87759
business and industry strategically important to the state's	87760
economy.	87761

Also, in each fiscal year, $3,758,182 shall be allocated to	87762
the Higher Skills Incentives Program to promote and deliver	87763
coordinated, comprehensive training to local employers and to	87764
reward EnterpriseOhio Network campuses for increasing the amount	87765
of non-credit skill upgrading services provided to Ohio employers	87766
and employees. The funds shall be distributed to campuses in	87767
proportion to each campus's share of noncredit job-related	87768
training revenues received by all campuses for the previous fiscal	87769
year. It is the intent of the General Assembly that this Higher	87770
Skills Incentives component of the Jobs Challenge Program reward	87771
campus noncredit job-related training efforts in the same manner	87772
that the Research Challenge Program rewards campuses for their	87773
ability to obtain sponsored research revenues.	87774

OHIO LEARNING NETWORK

87775

Appropriation item 235-417, Ohio Learning Network, shall be	87776
used by the Board of Regents to support the continued	87777
implementation of the Ohio Learning Network, a statewide	87778
electronic collaborative effort designed to promote degree	87779
completion of students, workforce training of employees, and	87780
professional development through the use of advanced	87781
telecommunications and distance education initiatives.	87782

ACCESS CHALLENGE

87783

In each fiscal year, the foregoing appropriation item	87784
235-418, Access Challenge, shall be distributed to Ohio's	87785
state-assisted access colleges and universities. For the purposes	87786
of this allocation, "access campuses" includes state-assisted	87787
community colleges, state community colleges, technical colleges,	87788
Shawnee State University, Central State University, Cleveland	87789
State University, the regional campuses of state-assisted	87790
universities, and, where they are organizationally distinct and	87791
identifiable, the community-technical colleges located at the	87792
University of Cincinnati, Youngstown State University, and the	87793
University of Akron.	87794

The purpose of Access Challenge is to reduce the student	87795
share of costs for resident undergraduates enrolled in lower	87796
division undergraduate courses at Ohio's access campuses. The	87797
long-term goal is to make the student share of costs for these	87798
students equivalent to the student share of costs for resident	87799
undergraduate students enrolled throughout Ohio's public colleges	87800
and universities. Access Challenge appropriations shall be used in	87801
both years of the biennium to sustain, as much as possible, the	87802
tuition restraint or tuition reduction that was achieved with	87803
Access Challenge allocations in prior years.	87804

In fiscal year 2004, Access Challenge subsidies shall be	87805
distributed by the Board of Regents to eligible access campuses on	87806
the basis of the average of each campus's share of fiscal year	87807
2001 and 2002 all-terms subsidy-eligible General Studies FTEs. In	87808
fiscal year 2005, Access Challenge subsidies shall be distributed	87809
by the Board of Regents to eligible access campuses on the basis	87810
of the average of each campus's share of fiscal year 2002 and 2003	87811
all-terms subsidy-eligible General Studies FTEs.	87812

For the purposes of this calculation, Cleveland State	87813
University's enrollments shall be adjusted by the ratio of the sum	87814
of subsidy-eligible lower-division FTE student enrollments	87815
eligible for access funding to the sum of subsidy-eligible General	87816
Studies FTE student enrollments at Central State University and	87817
Shawnee State University, and for the following universities and	87818
their regional campuses: the Ohio State University, Ohio	87819
University, Kent State University, Bowling Green State University,	87820
Miami University, the University of Cincinnati, the University of	87821
Akron, and Wright State University.	87822

SUCCESS CHALLENGE

87823

The foregoing appropriation item 235-420, Success Challenge,	87824
shall be used by the Board of Regents to promote degree completion	87825
by students enrolled at a main campus of a state-assisted	87826
university.	87827

In each fiscal year, seventy per cent of the appropriations	87828
shall be distributed to state-assisted university main campuses in	87829
proportion to each campus's share of the total statewide	87830
bachelor's degrees granted by university main campuses to	87831
"at-risk" students. In fiscal years 2004 and 2005, an "at-risk"	87832
student means any undergraduate student who was eligible to	87833
receive an Ohio Instructional Grant during the past ten years. An	87834
eligible institution shall not receive its share of this	87835
distribution until it has submitted a plan that addresses how the	87836
subsidy will be used to better serve at-risk students and increase	87837
their likelihood of successful completion of a bachelor's degree	87838
program. The Board of Regents shall disseminate to all	87839
state-supported institutions of higher education all such plans	87840
submitted by institutions that received Success Challenge funds.	87841

In each fiscal year, thirty per cent of the appropriations	87842
shall be distributed to university main campuses in proportion to	87843
each campus's share of the total bachelor's degrees granted by	87844
university main campuses to undergraduate students who completed	87845
their bachelor's degrees in a "timely manner" in the previous	87846
fiscal year. For the purposes of this section, "timely manner"	87847
means the normal time it would take for a full-time degree-seeking	87848
undergraduate student to complete the student's degree. Generally,	87849
for such students pursuing a bachelor's degree, "timely manner"	87850
means four years. Exceptions to this general rule shall be	87851
permitted for students enrolled in programs specifically designed	87852
to be completed in a longer time period. The Board of Regents	87853
shall collect data to assess the timely completion statistics by	87854
university main campuses.	87855

APPALACHIAN NEW ECONOMY PARTNERSHIP

87856

The foregoing appropriation item 235-428, Appalachian New	87857
Economy Partnership, shall be distributed to Ohio University to	87858
continue a multi-campus and multi-agency coordinated effort to	87859
link Appalachia to the new economy. Ohio University shall use	87860
these funds to provide leadership in the development and	87861
implementation of initiatives in the areas of entrepreneurship,	87862
management, education, and technology.	87863

EMINENT SCHOLARS

87864

The foregoing appropriation item 235-451, Eminent Scholars,	87865
shall be used by the Ohio Board of Regents to establish an Ohio	87866
Eminent Scholars Program, the purpose of which is to invest	87867
educational resources to address problems that are of vital	87868
statewide significance while fostering the growth in eminence of	87869
Ohio's academic programs. Ohio Eminent Scholars endowed chairs	87870
will allow Ohio universities to recruit senior faculty members	87871
from outside Ohio who are nationally and internationally	87872
recognized scholars in areas of science and technology that	87873
provide the basic research platforms on which our technology and	87874
commercialization efforts are built. Endowment grants of	87875
approximately $750,000 to state colleges and universities and	87876
nonprofit Ohio institutions of higher education holding	87877
certificates of authorization issued under section 1713.02 of the	87878
Revised Code to match endowment gifts from nonstate sources may be	87879
made in accordance with a plan established by the Ohio Board of	87880
Regents. Matching nonstate gifts in science and technology	87881
programs shall be $750,000. The grants shall have as their purpose	87882
attracting and sustaining in Ohio scholar-leaders of national or	87883
international prominence; each will assist in accelerating state	87884
economic growth through research that provides an essential basic	87885
science platform for commercialization efforts. Such	87886
scholar-leaders shall, among their duties, share broadly the	87887
benefits and knowledge unique to their fields of scholarship to	87888
the betterment of Ohio and its people and collaborate with other	87889
state technology programs and program recipients.	87890

RESEARCH CHALLENGE

87891

The foregoing appropriation item 235-454, Research Challenge,	87892
shall be used to enhance the basic research capabilities of public	87893
colleges and universities and accredited Ohio institutions of	87894
higher education holding certificates of authorization issued	87895
pursuant to section 1713.02 of the Revised Code, in order to	87896
strengthen academic research for pursuing Ohio's economic	87897
development goals. The Board of Regents, in consultation with the	87898
colleges and universities, shall administer the Research Challenge	87899
Program and utilize a means of matching, on a fractional basis,	87900
external funds attracted in the previous year by institutions for	87901
basic research. The program may include incentives for increasing	87902
the amount of external research funds coming to eligible	87903
institutions and for focusing research efforts upon critical state	87904
needs. Colleges and universities shall submit for review and	87905
approval to the Board of Regents plans for the institutional	87906
allocation of state dollars received through the program. The	87907
institutional plans shall provide the rationale for the allocation	87908
in terms of the strategic targeting of funds for academic and	87909
state purposes, for strengthening research programs, for	87910
increasing the amount of external research funds, and shall	87911
include an evaluation process to provide results of the increased	87912
support. Each institutional plan for the investment of Research	87913
Challenge moneys shall report on existing, planned, and/or	87914
possible relationships with other State of Ohio science and	87915
technology programs and funding recipients in order to further	87916
ongoing statewide science and technology collaboration objectives.	87917
The Board of Regents shall submit a biennial report of progress to	87918
the General Assembly.	87919

ENTERPRISEOHIO NETWORK

87920

The foregoing appropriation item 235-455, EnterpriseOhio	87921
Network, shall be allocated by the Board of Regents to continue	87922
increasing the capabilities of the EnterpriseOhio Network to meet	87923
the ongoing training needs of Ohio employers. Funds shall support	87924
multicampus collaboration, best practice dissemination, and	87925
capacity building projects. The Regents Advisory Committee for	87926
Workforce Development, in its advisory role, shall advise in the	87927
development of plans and activities.	87928

Of the foregoing appropriation item 235-455, EnterpriseOhio	87929
Network, $181,101 in fiscal year 2004 and $176,334 in fiscal year	87930
2005 shall be used by the Dayton Business/Sinclair College Jobs	87931
Profiling Program.	87932

Section 88.03. AREA HEALTH EDUCATION CENTERS

87933

The foregoing appropriation item 235-474, Area Health	87934
Education Centers Program Support, shall be used by the Board of	87935
Regents to support the medical school regional area health	87936
education centers' educational programs for the continued support	87937
of medical and other health professions education and for support	87938
of the Area Health Education Center Program.	87939

Of the foregoing appropriation item 235-474, Area Health	87940
Education Centers Program Support, $174,135 in fiscal year 2004	87941
and $169,782 in fiscal year 2005 shall be disbursed to the Ohio	87942
University College of Osteopathic Medicine to operate a mobile	87943
health care unit to serve the southeastern area of the state. Of	87944
the foregoing appropriation item 235-474, Area Health Education	87945
Centers Program Support, $130,601 in fiscal year 2004 and $127,337	87946
in fiscal year 2005 shall be used to support the Ohio Valley	87947
Community Health Information Network (OVCHIN) project.	87948

ACCESS IMPROVEMENT PROJECTS

87949

The foregoing appropriation item 235-477, Access Improvement	87950
Projects, shall be used by the Board of Regents to support	87951
innovative statewide strategies to increase student access and	87952
retention for specialized populations, and to provide for pilot	87953
projects that will contribute to improving access to higher	87954
education by specialized populations. The funds may be used for	87955
projects that improve access for nonpublic secondary students.	87956

Of the foregoing appropriation item 235-477, Access	87957
Improvement Projects, $798,684 in fiscal year 2004 and $822,645 in	87958
fiscal year 2005 shall be distributed to the Ohio Appalachian	87959
Center for Higher Education at Shawnee State University. The board	87960
of directors of the center shall consist of the presidents of	87961
Shawnee State University, Ohio University, Belmont community	87962
College, Hocking Technical College, Jefferson Community College,	87963
Muskingum Area Technical College, Rio Grande Community College,	87964
Southern State Community College, and Washington State Community	87965
College; the dean of one of the Salem, Tuscarawas, and East	87966
Liverpool regional campuses of Kent State University, as	87967
designated by the president of Kent State University; and a	87968
representative of the Board of Regents designated by the	87969
Chancellor.	87970

Of the foregoing appropriation item 235-477, Access	87971
Improvement Projects, $169,553 in fiscal year 2004 and $174,640 in	87972
fiscal year 2005 shall be distributed to Miami University for the	87973
Student Achievement in Research and Scholarship (STARS) Program.	87974

Section 88.04. STATE SHARE OF INSTRUCTION

87975

As soon as practicable during each fiscal year of the	87976
2003-2005 biennium in accordance with instructions of the Board of	87977
Regents, each state-assisted institution of higher education shall	87978
report its actual enrollment to the Board of Regents.	87979

The Board of Regents shall establish procedures required by	87980
the system of formulas set out below and for the assignment of	87981
individual institutions to categories described in the formulas.	87982
The system of formulas establishes the manner in which aggregate	87983
expenditure requirements shall be determined for each of the three	87984
components of institutional operations. In addition to other	87985
adjustments and calculations described below, the subsidy	87986
entitlement of an institution shall be determined by subtracting	87987
from the institution's aggregate expenditure requirements income	87988
to be derived from the local contributions assumed in calculating	87989
the subsidy entitlements. The local contributions for purposes of	87990
determining subsidy support shall not limit the authority of the	87991
individual boards of trustees to establish fee levels.	87992

The General Studies and Technical models shall be adjusted by	87993
the Board of Regents so that the share of state subsidy earned by	87994
those models is not altered by changes in the overall local share.	87995
A lower-division fee differential shall be used to maintain the	87996
relationship that would have occurred between these models and the	87997
baccalaureate models had an assumed share of 37 per cent been	87998
funded.	87999

In defining the number of full-time equivalent (FTE) students	88000
for state subsidy purposes, the Board of Regents shall exclude all	88001
undergraduate students who are not residents of Ohio, except those	88002
charged in-state fees in accordance with reciprocity agreements	88003
made pursuant to section 3333.17 of the Revised Code or employer	88004
contracts entered into pursuant to section 3333.32 of the Revised	88005
Code.	88006

(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT

88007

(1) INSTRUCTION AND SUPPORT SERVICES

88008

(2) STUDENT SERVICES

88024

For this purpose, FTE counts shall be weighted to reflect	88025
differences among institutions in the numbers of students enrolled	88026
on a part-time basis. The student services subsidy per FTE shall	88027
be $822 in fiscal year 2004 and $903 in fiscal year 2005 for all	88028
models.	88029

(B) PLANT OPERATION AND MAINTENANCE (POM)

88030

(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY

88031

Space undergoing renovation shall be funded at the rate	88032
allowed for storage space.	88033

In the calculation of square footage for each campus, square	88034
footage shall be weighted to reflect differences in space	88035
utilization.	88036

The space inventories for each campus shall be those	88037
determined in the fiscal year 2003 state share of instruction	88038
calculation, adjusted for changes attributable to the construction	88039
or renovation of facilities for which state appropriations were	88040
made or local commitments were made prior to January 1, 1995.	88041

Only 50 per cent of the space permanently taken out of	88042
operation in fiscal year 2004 or fiscal year 2005 that is not	88043
otherwise replaced by a campus shall be deleted from the plant	88044
operation and maintenance space inventory.	88045

The square-foot-based plant operation and maintenance subsidy	88046
for each campus shall be determined as follows:	88047

(a) For each standard room type category shown below, the	88048
subsidy-eligible net assignable square feet (NASF) for each campus	88049
shall be multiplied by the following rates, and the amounts summed	88050
for each campus to determine the total gross square-foot-based POM	88051
expenditure requirement:	88052

(b) The total gross square-foot POM expenditure requirement	88061
shall be allocated to models in proportion to FTE enrollments as	88062
reported in enrollment data for all models except Doctoral I and	88063
Doctoral II.	88064

(c) The amounts allocated to models in division (B)(1)(b) of	88065
this section shall be multiplied by the ratio of subsidy-eligible	88066
FTE students to total FTE students reported in each model, and the	88067
amounts summed for all models. To this total amount shall be added	88068
an amount to support roads and grounds expenditures to produce the	88069
total square-foot-based POM subsidy.	88070

(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY

88071

(a) The number of subsidy-eligible FTE students in each model	88072
shall be multiplied by the following rates for each campus for	88073
each fiscal year.	88074

(b) The sum of the products for each campus determined in	88090
division (B)(2)(a) of this section for all models except Doctoral	88091
I and Doctoral II for each fiscal year shall be weighted by a	88092
factor to reflect sponsored research activity and job	88093
training-related public services expenditures to determine the	88094
total activity-based POM subsidy.	88095

(C) CALCULATION OF CORE SUBSIDY ENTITLEMENTS AND ADJUSTMENTS

88096

(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS

88097

The calculation of the core subsidy entitlement shall consist	88098
of the following components:	88099

(a) For each campus and for each fiscal year, the core	88100
subsidy entitlement shall be determined by multiplying the amounts	88101
listed above in divisions (A)(1) and (2) and (B)(2) of this	88102
section less assumed local contributions, by (i) average	88103
subsidy-eligible FTEs for the two-year period ending in the prior	88104
year for all models except Doctoral I and Doctoral II; and (ii)	88105
average subsidy-eligible FTEs for the five-year period ending in	88106
the prior year for all models except Doctoral I and Doctoral II.	88107

(b) In calculating the core subsidy entitlements for Medical	88108
II models only, the Board of Regents shall use the following count	88109
of FTE students:	88110

(i) For those medical schools whose current year enrollment,	88111
including students repeating terms, is below the base enrollment,	88112
the Medical II FTE enrollment shall equal: 65 per cent of the base	88113
enrollment plus 35 per cent of the current year enrollment	88114
including students repeating terms, where the base enrollment is:	88115

(ii) For those medical schools whose current year enrollment,	88122
excluding students repeating terms, is equal to or greater than	88123
the base enrollment, the Medical II FTE enrollment shall equal the	88124
base enrollment plus the FTE for repeating students.	88125

(iii) Students repeating terms may be no more than five per	88126
cent of current year enrollment.	88127

(c) The Board of Regents shall compute the sum of the two	88128
calculations listed in division (C)(1)(a) of this section and use	88129
the greater sum as the core subsidy entitlement.	88130

The POM subsidy for each campus shall equal the greater of	88131
the square-foot-based subsidy or the activity-based POM subsidy	88132
component of the core subsidy entitlement.	88133

(d) The state share of instruction provided for doctoral	88134
students shall be based on a fixed percentage of the total	88135
appropriation. In each fiscal year of the biennium not more than	88136
10.34 per cent of the total state share of instruction shall be	88137
reserved to implement the recommendations of the Graduate Funding	88138
Commission. It is the intent of the General Assembly that the	88139
doctoral reserve not exceed 10.34 per cent of the total state	88140
share of instruction to implement the recommendations of the	88141
Graduate Funding Commission. The Board of Regents may reallocate	88142
up to two per cent in each fiscal year of the reserve among the	88143
state-assisted universities on the basis of a quality review as	88144
specified in the recommendations of the Graduate Funding	88145
Commission. No such reallocation shall occur unless the Board of	88146
Regents, in consultation with representatives of state-assisted	88147
universities, determines that sufficient funds are available for	88148
this purpose.	88149

The amount so reserved shall be allocated to universities in	88150
proportion to their share of the total number of Doctoral I	88151
equivalent FTEs as calculated on an institutional basis using the	88152
greater of the two-year or five-year FTEs for the period fiscal	88153
year 1994 through fiscal year 1998 with annualized FTEs for fiscal	88154
years 1994 through 1997 and all-term FTEs for fiscal year 1998 as	88155
adjusted to reflect the effects of doctoral review and subsequent	88156
changes in Doctoral I equivalent enrollments. For the purposes of	88157
this calculation, Doctoral I equivalent FTEs shall equal the sum	88158
of Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs.	88159

(2) ANNUAL STATE SHARE OF INSTRUCTION FUNDING GUARANTEE

88160

In addition to and after the other adjustment noted above, in	88161
fiscal years 2004 and 2005 each campus shall have its state share	88162
of instruction adjusted to the extent necessary to meet the	88163
following provisions:	88164

(a) If the total state share of instruction appropriation	88165
relative to the prior year is 102 per cent or greater, no campus	88166
shall receive a state share of instruction allocation that is less	88167
than 99 per cent of the prior year's state share of instruction	88168
amount;	88169

(b) If the total state share of instruction appropriation	88170
relative to the prior year is greater than 95 per cent but less	88171
than 102 per cent, no campus shall receive a state share of	88172
instruction allocation that is less than three percentage points	88173
below the percentage change in the total state share of	88174
instruction percentage change;	88175

(c) If the total share of instruction appropriation relative	88176
to the prior year is 95 per cent or less, no campus shall receive	88177
a state share of instruction allocation that is less than 2.5	88178
percentage points below the percentage change in the total state	88179
share of instruction percentage change.	88180

(3) CAPITAL COMPONENT DEDUCTION

88181

After all other adjustments have been made, state share of	88182
instruction earnings shall be reduced for each campus by the	88183
amount, if any, by which debt service charged in Am. H.B. No. 748	88184
of the 121st General Assembly, Am. Sub. H.B. No. 850 of the 122nd	88185
General Assembly, Am. H.B. No. 640 of the 123rd General Assembly,	88186
and H.B. No. 675 of the 124th General Assembly for that campus	88187
exceeds that campus's capital component earnings. The sum of the	88188
amounts deducted shall be transferred to appropriation item	88189
235-552, Capital Component, in each fiscal year.	88190

(D) REDUCTIONS IN EARNINGS

88191

If the total state share of instruction earnings in any	88192
fiscal year exceed the total appropriations available for such	88193
purposes, the Board of Regents shall proportionately reduce the	88194
state share of instruction earnings for all campuses by a uniform	88195
percentage so that the system wide sum equals available	88196
appropriations.	88197

(E) EXCEPTIONAL CIRCUMSTANCES

88198

Adjustments may be made to the state share of instruction	88199
payments and other subsidies distributed by the Board of Regents	88200
to state-assisted colleges and universities for exceptional	88201
circumstances. No adjustments for exceptional circumstances may be	88202
made without the recommendation of the Chancellor and the approval	88203
of the Controlling Board.	88204

(F) MID-YEAR APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	88205
INSTRUCTION	88206

The standard provisions of the state share of instruction	88207
calculation as described in the preceding sections of temporary	88208
law shall apply to any reductions made to appropriation line item	88209
235-501, State Share of Instruction, before the Board of Regents	88210
has formally approved the final allocation of the state share of	88211
instruction funds for any fiscal year.	88212

Any reductions made to appropriation line item 235-501, State	88213
Share of Instruction, after the Board of Regents has formally	88214
approved the final allocation of the state share of instruction	88215
funds for any fiscal year, shall be uniformly applied to each	88216
campus in proportion to its share of the final allocation.	88217

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

88218

The state share of instruction payments to the institutions	88219
shall be in substantially equal monthly amounts during the fiscal	88220
year, unless otherwise determined by the Director of Budget and	88221
Management pursuant to section 126.09 of the Revised Code.	88222
Payments during the first six months of the fiscal year shall be	88223
based upon the state share of instruction appropriation estimates	88224
made for the various institutions of higher education according to	88225
Board of Regents enrollment estimates. Payments during the last	88226
six months of the fiscal year shall be distributed after approval	88227
of the Controlling Board upon the request of the Board of Regents.	88228

(H) LAW SCHOOL SUBSIDY

88229

The state share of instruction to state-supported	88230
universities for students enrolled in law schools in fiscal year	88231
2004 and fiscal year 2005 shall be calculated by using the number	88232
of subsidy-eligible FTE law school students funded by state	88233
subsidy in fiscal year 1995 or the actual number of	88234
subsidy-eligible FTE law school students at the institution in the	88235
fiscal year, whichever is less.	88236

Section 88.05.  HIGHER EDUCATION - BOARD OF TRUSTEES

88237

Funds appropriated for instructional subsidies at colleges	88238
and universities may be used to provide such branch or other	88239
off-campus undergraduate courses of study and such master's degree	88240
courses of study as may be approved by the Board of Regents.	88241

In providing instructional and other services to students,	88242
boards of trustees of state-assisted institutions of higher	88243
education shall supplement state subsidies by income from charges	88244
to students. Each board shall establish the fees to be charged to	88245
all students, including an instructional fee for educational and	88246
associated operational support of the institution and a general	88247
fee for noninstructional services, including locally financed	88248
student services facilities used for the benefit of enrolled	88249
students. The instructional fee and the general fee shall	88250
encompass all charges for services assessed uniformly to all	88251
enrolled students. Each board may also establish special purpose	88252
fees, service charges, and fines as required; such special purpose	88253
fees and service charges shall be for services or benefits	88254
furnished individual students or specific categories of students	88255
and shall not be applied uniformly to all enrolled students. A	88256
tuition surcharge shall be paid by all students who are not	88257
residents of Ohio.	88258

The boards of trustees of individual state-assisted	88259
universities, university branch campuses, community colleges,	88260
state community colleges, and technical colleges shall limit	88261
in-state undergraduate instructional and general fee increases for	88262
an academic year over the amounts charged in the prior academic	88263
year to no more than six per cent. In addition to the six per cent	88264
main campus in-state undergraduate instructional and general fee	88265
increase limit established in this section, the Board of Trustees	88266
of The Ohio State University may authorize an additional	88267
university main campus in-state undergraduate instructional and	88268
general fee increase of three per cent for academic years	88269
2003-2004 and 2004-2005. Except for the board of trustees of the	88270
Ohio State University, the boards of trustees of individual	88271
state-assisted universities, university branch campuses, community	88272
colleges, state community colleges, and technical colleges shall	88273
not authorize combined instructional and general fee increases of	88274
more than six per cent in a single vote. The board of trustees of	88275
The Ohio State University shall not authorize combined	88276
instructional and general fee increases of more than nine per cent	88277
in a single vote. The boards of trustees of individual	88278
state-assisted universities, university branch campuses, community	88279
colleges, state community colleges, and technical colleges may	88280
authorize an additional three per cent increase in in-state	88281
undergraduate instructional and general fees in a separate vote.	88282
The additional increase shall only be used for providing	88283
scholarships to low-income students, to be known as Access	88284
Scholarship Grants, or for any other special purpose that the	88285
Board of Regents has approved. These fee increase limitations	88286
apply even if an institutional board of trustees has, prior to the	88287
effective date of this section, voted to assess a higher fee for	88288
the 2003-2004 academic year. These limitations shall not apply to	88289
increases required to comply with institutional covenants related	88290
to their obligations or to meet unfunded legal mandates or legally	88291
binding obligations incurred or commitments made prior to the	88292
effective date of this act with respect to which the institution	88293
had identified such fee increases as the source of funds. Any	88294
increase required by such covenants and any such mandates,	88295
obligations, or commitments shall be reported by the Board of	88296
Regents to the Controlling Board. These limitations may also be	88297
modified by the Board of Regents, with the approval of the	88298
Controlling Board, to respond to exceptional circumstances as	88299
identified by the Board of Regents.	88300

For purposes of calculating the instructional and general	88301
fees charged in the prior academic year in implementing the	88302
instructional and general fee increase limitations, the	88303
instructional and general fees during an academic year for any	88304
state-assisted institution of higher education on the quarter	88305
system that does not increase its instructional and general fees	88306
during the summer term shall be defined as the sum of the	88307
instructional and general fees charged to a full-time student in	88308
the fall, winter, and spring quarters.	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 increase its instructional and general fees	88315
during the summer term shall be defined as three-fourths of the	88316
sum of the instructional and general fees charged to a full-time	88317
student in the fall, winter, spring, and summer 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 semester	88323
system that does not increase its instructional and general fees	88324
during the summer term shall be defined as the sum of the	88325
instructional and general fees charged to a full-time student in	88326
the fall and spring semesters.	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 increase its instructional and general fees	88333
during the summer term shall be defined as two-thirds of the sum	88334
of the instructional and general fees charged to a full-time	88335
student in the fall, spring, and summer semesters.	88336

The board of trustees of a state-assisted institution of	88337
higher education shall not authorize a waiver or nonpayment of	88338
instructional fees or general fees for any particular student or	88339
any class of students other than waivers specifically authorized	88340
by law or approved by the Chancellor. This prohibition is not	88341
intended to limit the authority of boards of trustees to provide	88342
for payments to students for services rendered the institution,	88343
nor to prohibit the budgeting of income for staff benefits or for	88344
student assistance in the form of payment of such instructional	88345
and general fees. Each state-assisted institution of higher	88346
education in its statement of charges to students shall separately	88347
identify the instructional fee, the general fee, the tuition	88348
charge, and the tuition surcharge. Fee charges to students for	88349
instruction shall not be considered to be a price of service but	88350
shall be considered to be an integral part of the state government	88351
financing program in support of higher educational opportunity for	88352
students.	88353

In providing the appropriations in support of instructional	88354
services at state-assisted institutions of higher education and	88355
the appropriations for other instruction it is the intent of the	88356
General Assembly that faculty members shall devote a proper and	88357
judicious part of their work week to the actual instruction of	88358
students. Total class credit hours of production per quarter per	88359
full-time faculty member is expected to meet the standards set	88360
forth in the budget data submitted by the Board of Regents.	88361

The authority of government vested by law in the boards of	88362
trustees of state-assisted institutions of higher education shall	88363
in fact be exercised by those boards. Boards of trustees may	88364
consult extensively with appropriate student and faculty groups.	88365
Administrative decisions about the utilization of available	88366
resources, about organizational structure, about disciplinary	88367
procedure, about the operation and staffing of all auxiliary	88368
facilities, and about administrative personnel shall be the	88369
exclusive prerogative of boards of trustees. Any delegation of	88370
authority by a board of trustees in other areas of responsibility	88371
shall be accompanied by appropriate standards of guidance	88372
concerning expected objectives in the exercise of such delegated	88373
authority and shall be accompanied by periodic review of the	88374
exercise of this delegated authority to the end that the public	88375
interest, in contrast to any institutional or special interest,	88376
shall be served.	88377

Section 88.06. STUDENT SUPPORT SERVICES

88378

The foregoing appropriation item 235-502, Student Support	88379
Services, shall be distributed by the Board of Regents to Ohio's	88380
state-assisted colleges and universities that incur	88381
disproportionate costs in the provision of support services to	88382
disabled students.	88383

OHIO INSTRUCTIONAL GRANTS

88384

Notwithstanding section 3333.12 of the Revised Code, in lieu	88385
of the tables in that section, instructional grants for all	88386
full-time students shall be made for fiscal year 2004 using the	88387
tables under this heading.	88388

The tables under this heading prescribe the maximum grant	88389
amounts covering two semesters, three quarters, or a comparable	88390
portion of one academic year. The grant amount for a full-time	88391
student enrolled in an eligible institution for a semester or	88392
quarter in addition to the portion of the academic year covered by	88393
a grant determined under these tables shall be a percentage of the	88394
maximum prescribed in the applicable table. The maximum grant for	88395
a fourth quarter shall be one-third of the maximum amount	88396
prescribed under the table. The maximum grant for a third semester	88397
shall be one-half of the maximum amount prescribed under the	88398
table.	88399

For a full-time student who is a dependent and enrolled in a	88400
nonprofit educational institution that is not a state-assisted	88401
institution and that has a certificate of authorization issued	88402
pursuant to Chapter 1713. of the Revised Code, the amount of the	88403
instructional grant for two semesters, three quarters, or a	88404
comparable portion of the academic year shall be determined in	88405
accordance with the following table:	88406

Private Institution

88407

Table of Grants

88408

For a full-time student who is financially independent and	88429
enrolled in a nonprofit educational institution that is not a	88430
state-assisted institution and that has a certificate of	88431
authorization issued pursuant to Chapter 1713. of the Revised	88432
Code, the amount of the instructional grant for two semesters,	88433
three quarters, or a comparable portion of the academic year shall	88434
be determined in accordance with the following table:	88435

Private Institution

88436

Table of Grants

88437

For a full-time student who is a dependent and enrolled in an	88459
educational institution that holds a certificate of registration	88460
from the state board of career colleges and schools or a private	88461
institution exempt from regulation under Chapter 3332. of the	88462
Revised Code as prescribed in section 3333.046 of the Revised	88463
Code, the amount of the instructional grant for two semesters,	88464
three quarters, or a comparable portion of the academic year shall	88465
be determined in accordance with the following table:	88466

Career Institution

88467

Table of Grants

88468

For a full-time student who is financially independent and	88489
enrolled in an educational institution that holds a certificate of	88490
registration from the state board of career colleges and schools	88491
or a private institution exempt from regulation under Chapter	88492
3332. of the Revised Code as prescribed in section 3333.046 of the	88493
Revised Code, the amount of the instructional grant for two	88494
semesters, three quarters, or a comparable portion of the academic	88495
year shall be determined in accordance with the following table:	88496

Career Institution

88497

Table of Grants

88498

For a full-time student who is a dependent and enrolled in a	88520
state-assisted educational institution, the amount of the	88521
instructional grant for two semesters, three quarters, or a	88522
comparable portion of the academic year shall be determined in	88523
accordance with the following table:	88524

Public Institution

88525

Table of Grants

88526

For a full-time student who is financially independent and	88547
enrolled in a state-assisted educational institution, the amount	88548
of the instructional grant for two semesters, three quarters, or a	88549
comparable portion of the academic year shall be determined in	88550
accordance with the following table:	88551

Public Institution

88552

Table of Grants

88553

The foregoing appropriation item 235-503, Ohio Instructional	88575
Grants, shall be used to make the payments authorized by division	88576
(C) of section 3333.26 of the Revised Code to the institutions	88577
described in that division. In addition, this appropriation shall	88578
be used to reimburse the institutions described in division (B) of	88579
section 3333.26 of the Revised Code for the cost of the waivers	88580
required by that division.	88581

The unencumbered balance of appropriation item 235-503, Ohio	88582
Instructional Grants, at the end of fiscal year 2004 shall be	88583
transferred to fiscal year 2005 for use under the same	88584
appropriation item. The amounts transferred are hereby	88585
appropriated.	88586

WAR ORPHANS SCHOLARSHIPS

88587

The foregoing appropriation item 235-504, War Orphans	88588
Scholarships, shall be used to reimburse state-assisted	88589
institutions of higher education for waivers of instructional fees	88590
and general fees provided by them, to provide grants to	88591
institutions that have received a certificate of authorization	88592
from the Ohio Board of Regents under Chapter 1713. of the Revised	88593
Code, in accordance with the provisions of section 5910.04 of the	88594
Revised Code, and to fund additional scholarship benefits provided	88595
by section 5910.032 of the Revised Code.	88596

Section 88.07. AIR FORCE INSTITUTE OF TECHNOLOGY

88597

The foregoing appropriation item 235-508, Air Force Institute	88598
of Technology, shall be used to strengthen the research and	88599
educational linkages between the Wright Patterson Air Force Base	88600
and institutions of higher education in Ohio. Of the foregoing	88601
appropriation item 235-508, Air Force Institute of Technology,	88602
$1,380,000 in fiscal year 2004 and $1,380,000 in fiscal year 2005	88603
shall be used for research projects that connect the Air Force	88604
Research Laboratories with university partners. The institute	88605
shall provide annual reports to the Third Frontier Commission,	88606
that discuss existing, planned, or possible collaborations between	88607
programs and funding recipients related to technology, research	88608
development, commercialization, and support for Ohio's economic	88609
development.	88610

Of the foregoing appropriation item 235-508, Air Force	88611
Institute of Technology, $500,000 in each fiscal year shall be	88612
used to match federal dollars to support the Wright Brothers	88613
Institute. Funds shall be used by the Wright Brothers Institute to	88614
create or expand Ohio-based technology and commercial development	88615
collaborations between industry, academia, and government in areas	88616
which include carbon nano-tube materials technology, genome-based	88617
biotechnology, knowledge-creation information technology,	88618
cognitive systems modeling and engineering, or other related	88619
projects as deemed appropriate by the institute.	88620

Of the foregoing appropriation item 235-508, Air Force	88621
Institute of Technology, $316,523 in fiscal year 2004 and $273,860	88622
in fiscal year 2005 shall be used to directly support	88623
collaborative research between academia, industry, and the Air	88624
Force for Wright Brothers Institute Nanomaterials and Advanced	88625
Data Management and Analysis.	88626

OHIO SUPERCOMPUTER CENTER

88627

The foregoing appropriation item 235-510, Ohio Supercomputer	88628
Center, shall be used by the Board of Regents to support the	88629
operation of the center, located at The Ohio State University, as	88630
a statewide resource available to Ohio research universities both	88631
public and private. It is also intended that the center be made	88632
accessible to private industry as appropriate. Policies of the	88633
center shall be established by a governance committee,	88634
representative of Ohio's research universities and private	88635
industry, to be appointed by the Chancellor of the Board of	88636
Regents and established for this purpose.	88637

The Ohio Supercomputer Center shall report on expanding	88638
solutions-oriented, computational science services to industrial	88639
and other customers, including alignment programs and recipients,	88640
and develop a plan for a computational science initiative in	88641
collaboration with the Wright Centers of Innovation program and	88642
the Computer Science Graduate Studies Program.	88643

COOPERATIVE EXTENSION SERVICE

88644

The foregoing appropriation item 235-511, Cooperative	88645
Extension Service, shall be disbursed through the Board of Regents	88646
to The Ohio State University in monthly payments, unless otherwise	88647
determined by the Director of Budget and Management pursuant to	88648
section 126.09 of the Revised Code.	88649

Of the foregoing appropriation item 235-511, Cooperative	88650
Extension Service, $182,842 in fiscal year 2004 and $178,271 in	88651
fiscal year 2005 shall be used for additional staffing for county	88652
agents for expanded 4-H activities. Of the foregoing appropriation	88653
item 235-511, Cooperative Extension Service, $182,842 in fiscal	88654
year 2004 and $178,271 in fiscal year 2005 shall be used by the	88655
Cooperative Extension Service, through the Enterprise Center for	88656
Economic Development in cooperation with other agencies, for a	88657
public-private effort to create and operate a small business	88658
economic development program to enhance the development of	88659
alternatives to the growing of tobacco, and implement, through	88660
applied research and demonstration, the production and marketing	88661
of other high-value crops and value-added products. Of the	88662
foregoing appropriation item 235-511, Cooperative Extension	88663
Service, $56,594 in fiscal year 2004 and $55,179 in fiscal year	88664
2005 shall be used for farm labor mediation and education	88665
programs. Of the foregoing appropriation item 235-511, Cooperative	88666
Extension Service, $187,195 in fiscal year 2004 and $182,515 in	88667
fiscal year 2005 shall be used to support the Ohio State	88668
University Marion Enterprise Center.	88669

Of the foregoing appropriation item 235-511, Cooperative	88670
Extension Service, $792,750 in fiscal year 2004 and $772,931 in	88671
fiscal year 2005 shall be used to support the Ohio Watersheds	88672
Initiative.	88673

CENTRAL STATE SUPPLEMENT

88674

The foregoing appropriation item 235-514, Central State	88675
Supplement, shall be used by Central State University to keep	88676
undergraduate fees below the statewide average, consistent with	88677
its mission of service to many first-generation college students	88678
from groups historically underrepresented in higher education and	88679
from families with limited incomes.	88680

PERFORMANCE STANDARDS FOR MEDICAL EDUCATION

88681

The Board of Regents, in consultation with the state-assisted	88682
medical colleges, shall develop performance standards for medical	88683
education. Special emphasis in the standards shall be placed on	88684
attempting to ensure that at least 50 per cent of the aggregate	88685
number of students enrolled in state-assisted medical colleges	88686
continue to enter residency as primary care physicians. Primary	88687
care physicians are general family practice physicians, general	88688
internal medicine practitioners, and general pediatric care	88689
physicians. The Board of Regents shall monitor medical school	88690
performance in relation to their plans for reaching the 50 per	88691
cent systemwide standard for primary care physicians.	88692

Section 88.08. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	88693
MEDICINE	88694

The foregoing appropriation item 235-515, Case Western	88695
Reserve University School of Medicine, shall be disbursed to Case	88696
Western Reserve University through the Board of Regents in	88697
accordance with agreements entered into as provided for by section	88698
3333.10 of the Revised Code, provided that the state support per	88699
full-time medical student shall not exceed that provided to	88700
full-time medical students at state universities.	88701

FAMILY PRACTICE, GERIATRIC MEDICINE, AND PRIMARY CARE	88702
RESIDENCIES	88703

The Board of Regents shall develop plans consistent with	88704
existing criteria and guidelines as may be required for the	88705
distribution of appropriation items 235-519, Family Practice,	88706
235-525, Geriatric Medicine, and 235-526, Primary Care	88707
Residencies.	88708

SHAWNEE STATE SUPPLEMENT

88709

The foregoing appropriation item 235-520, Shawnee State	88710
Supplement, shall be used by Shawnee State University as detailed	88711
by both of the following:	88712

(A) To allow Shawnee State University to keep its	88713
undergraduate fees below the statewide average, consistent with	88714
its mission of service to an economically depressed Appalachian	88715
region;	88716

(B) To allow Shawnee State University to employ new faculty	88717
to develop and teach in new degree programs that meet the needs of	88718
Appalachians.	88719

POLICE AND FIRE PROTECTION

88720

The foregoing appropriation item 235-524, Police and Fire	88721
Protection, shall be used for police and fire services in the	88722
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	88723
Portsmouth, Xenia Township (Greene County), and Rootstown	88724
Township, that may be used to assist these local governments in	88725
providing police and fire protection for the central campus of the	88726
state-affiliated university located therein. Each participating	88727
municipality and township shall receive at least $5,000 each year.	88728
Funds shall be distributed according to the methodology employed	88729
by the Board of Regents in the previous biennium.	88730

PRIMARY CARE RESIDENCIES

88731

The foregoing appropriation item 235-526, Primary Care	88732
Residencies, shall be distributed in each fiscal year of the	88733
biennium, based on whether or not the institution has submitted	88734
and gained approval for a plan. If the institution does not have	88735
an approved plan, it shall receive five per cent less funding per	88736
student than it would have received from its annual allocation.	88737
The remaining funding shall be distributed among those	88738
institutions that meet or exceed their targets.	88739

OHIO AEROSPACE INSTITUTE

88740

The foregoing appropriation item 235-527, Ohio Aerospace	88741
Institute, shall be distributed by the Board of Regents under	88742
section 3333.042 of the Revised Code.	88743

ACADEMIC SCHOLARSHIPS

88744

The foregoing appropriation item 235-530, Academic	88745
Scholarships, shall be used to provide academic scholarships to	88746
students under section 3333.22 of the Revised Code.	88747

STUDENT CHOICE GRANTS

88748

The foregoing appropriation item 235-531, Student Choice	88749
Grants, shall be used to support the Student Choice Grant Program	88750
created by section 3333.27 of the Revised Code. The unencumbered	88751
balance of appropriation item 235-531, Student Choice Grants, at	88752
the end of fiscal year 2004 shall be transferred to fiscal year	88753
2005 for use under the same appropriation item to maintain grant	88754
award amounts in fiscal year 2005 equal to the awards provided in	88755
fiscal year 2004. The amounts transferred are hereby appropriated.	88756

STUDENT WORKFORCE DEVELOPMENT GRANTS

88757

The foregoing appropriation item 235-534, Student Workforce	88758
Development Grants, shall be used to support the Student Workforce	88759
Development Grant Program. Of the appropriated funds available,	88760
the Board of Regents shall distribute grants to each eligible	88761
student in an academic year. The size of each grant award shall be	88762
determined by the Board of Regents based on the amount of funds	88763
available for the program.	88764

OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT CENTER

88765

The foregoing appropriation item 235-535, Ohio Agricultural	88766
Research and Development Center, shall be disbursed through the	88767
Board of Regents to The Ohio State University in monthly payments,	88768
unless otherwise determined by the Director of Budget and	88769
Management pursuant to section 126.09 of the Revised Code. The	88770
Ohio Agricultural Research and Development Center shall not be	88771
required to remit payment to The Ohio State University during the	88772
2003-2005 biennium for cost reallocation assessments. The cost	88773
reallocation assessments include, but are not limited to, any	88774
assessment on state appropriations to the center. The Ohio	88775
Agricultural Research and Development Center, in conjunction with	88776
the Third Frontier Commission, shall provide for an independently	88777
evaluated self-study of research excellence and commercial	88778
relevance in a manner to be prescribed by the Third Frontier	88779
Commission.	88780

Of the foregoing appropriation item 235-535, Ohio	88781
Agricultural Research and Development Center, $470,164 in fiscal	88782
year 2004 and $458,410 in fiscal year 2005 shall be used to	88783
purchase equipment.	88784

Of the foregoing appropriation item 235-535, Ohio	88785
Agricultural Research and Development Center, $827,141 in fiscal	88786
year 2004 and $806,463 in fiscal year 2005 shall be distributed to	88787
the Piketon Agricultural Research and Extension Center.	88788

Of the foregoing appropriation item 235-535, Ohio	88789
Agricultural Research and Development Center, $217,669 in fiscal	88790
year 2004 and $212,227 in fiscal year 2005 shall be distributed to	88791
the Raspberry/Strawberry-Ellagic Acid Research program at the Ohio	88792
State University Medical College in cooperation with the Ohio	88793
State University College of Agriculture.	88794

Of the foregoing appropriation item 235-535, Ohio	88795
Agricultural Research and Development Center, $43,534 in fiscal	88796
year 2004 and $42,445 in fiscal year 2005 shall be used to support	88797
the Ohio Berry Administrator.	88798

Of the foregoing appropriation item 235-535, Ohio	88799
Agricultural Research and Development Center, $87,067 in fiscal	88800
year 2004 and $84,890 in fiscal year 2005 shall be used for the	88801
development of agricultural crops and products not currently in	88802
widespread production in Ohio, in order to increase the income and	88803
viability of family farmers.	88804

STATE UNIVERSITY CLINICAL TEACHING

88805

The foregoing appropriation items 235-536, The Ohio State	88806
University Clinical Teaching; 235-537, University of Cincinnati	88807
Clinical Teaching; 235-538, Medical College of Ohio at Toledo	88808
Clinical Teaching; 235-539, Wright State University Clinical	88809
Teaching; 235-540, Ohio University Clinical Teaching; and 235-541,	88810
Northeastern Ohio Universities College of Medicine Clinical	88811
Teaching, shall be distributed through the Board of Regents.	88812

Of the foregoing appropriation item 235-539, Wright State	88813
University Clinical Teaching, $124,644 in each fiscal year of the	88814
biennium shall be for the use of Wright State University's Ellis	88815
Institute for Clinical Teaching Studies to operate the clinical	88816
facility to serve the Greater Dayton area.	88817

SCHOOL OF INTERNATIONAL BUSINESS

88818

Of the foregoing appropriation item 235-547, School of	88819
International Business, $901,975 in fiscal year 2004 and $879,426	88820
in fiscal year 2005 shall be used for the continued development	88821
and support of the School of International Business of the state	88822
universities of northeast Ohio. The money shall go to the	88823
University of Akron. These funds shall be used by the university	88824
to establish a School of International Business located at the	88825
University of Akron. It may confer with Kent State University,	88826
Youngstown State University, and Cleveland State University as to	88827
the curriculum and other matters regarding the school.	88828

Of the foregoing appropriation item 235-547, School of	88829
International Business, $181,318 in fiscal year 2004 and $176,785	88830
in fiscal year 2005 shall be used by the University of Toledo	88831
College of Business for expansion of its international business	88832
programs.	88833

Of the foregoing appropriation item 235-547, School of	88834
International Business, $181,318 in fiscal year 2004 and $176,785	88835
in fiscal year 2005 shall be used to support the Ohio State	88836
University BioMEMS program.	88837

PART-TIME STUDENT INSTRUCTIONAL GRANTS

88838

The foregoing appropriation item 235-549, Part-time Student	88839
Instructional Grants, shall be used to support a grant program for	88840
part-time undergraduate students who are Ohio residents and who	88841
are enrolled in degree granting programs.	88842

Eligibility for participation in the program shall include	88843
degree granting educational institutions that hold a certificate	88844
of registration from the State Board of Career Colleges and	88845
Schools, and nonprofit institutions that have a certificate of	88846
authorization issued pursuant to Chapter 1713. of the Revised	88847
Code, as well as state-assisted colleges and universities. Grants	88848
shall be given to students on the basis of need, as determined by	88849
the college, which, in making these determinations, shall give	88850
special consideration to single-parent heads-of-household and	88851
displaced homemakers who enroll in an educational degree program	88852
that prepares the individual for a career. In determining need,	88853
the college also shall consider the availability of educational	88854
assistance from a student's employer. It is the intent of the	88855
General Assembly that these grants not supplant such assistance.	88856

Section 88.09. CAPITAL COMPONENT

88857

The foregoing appropriation item 235-552, Capital Component,	88858
shall be used by the Board of Regents to implement the capital	88859
funding policy for state-assisted colleges and universities	88860
established in Am. H.B. No. 748 of the 121st General Assembly.	88861
Appropriations from this item shall be distributed to all campuses	88862
for which the estimated campus debt service attributable to new	88863
qualifying capital projects is less than the campus's	88864
formula-determined capital component allocation. Campus	88865
allocations shall be determined by subtracting the estimated	88866
campus debt service attributable to new qualifying capital	88867
projects from the campus's formula-determined capital component	88868
allocation. Moneys distributed from this appropriation item shall	88869
be restricted to capital-related purposes.	88870

Any campus for which the estimated campus debt service	88871
attributable to qualifying capital projects is greater than the	88872
campus's formula-determined capital component allocation shall	88873
have the difference subtracted from its State Share of Instruction	88874
allocation in each fiscal year. The sum of all such amounts shall	88875
be transferred from appropriation item 235-501, State Share of	88876
Instruction, to appropriation item 235-552, Capital Component.	88877

DAYTON AREA GRADUATE STUDIES INSTITUTE

88878

The foregoing appropriation item 235-553, Dayton Area	88879
Graduate Studies Institute, shall be used by the Board of Regents	88880
to support the Dayton Area Graduate Studies Institute, an	88881
engineering graduate consortium of three universities in the	88882
Dayton area: Wright State University, the University of Dayton,	88883
and the Air Force Institute of Technology, with the participation	88884
of the University of Cincinnati and The Ohio State University.	88885

Of the foregoing appropriation item 235-553, Dayton Area	88886
Graduate Studies Institute, $497,666 in fiscal year 2004 and	88887
$417,053 in fiscal year 2005 shall be used to directly support	88888
collaborative research between academia, industry, and the Air	88889
Force for Wright Brothers Institute Nanomaterials and Advanced	88890
Data Management and Analysis.	88891

COMPUTER SCIENCE GRADUATE EDUCATION

88892

The foregoing appropriation item 235-554, Computer Science	88893
Graduate Education, shall be used by the Board of Regents to	88894
support improvements in graduate programs in computer science at	88895
state-assisted universities. Up to $174,135 in fiscal year 2004,	88896
and up to $169,782 in fiscal year 2005, may be used to support	88897
collaborative efforts in graduate education in this program area.	88898
The collaborative program shall be coordinated by the Ohio	88899
Supercomputer Center.	88900

OHIO ACADEMIC RESOURCES NETWORK (OARNET)

88901

The foregoing appropriation item 235-556, Ohio Academic	88902
Resources Network, shall be used to support the operations of the	88903
Ohio Academic Resources Network, which shall include support for	88904
Ohio's state-assisted colleges and universities in maintaining and	88905
enhancing network connections. The network shall give priority to	88906
supporting the Third Frontier Network and allocating bandwidth to	88907
programs directly supporting Ohio's economic development.	88908

LONG-TERM CARE RESEARCH

88909

The foregoing appropriation item 235-558, Long-term Care	88910
Research, shall be disbursed to Miami University for long-term	88911
care research.	88912

BOWLING GREEN STATE UNIVERSITY CANADIAN STUDIES CENTER

88913

The foregoing appropriation item 235-561, Bowling Green State	88914
University Canadian Studies Center, shall be used by the Canadian	88915
Studies Center at Bowling Green State University to study	88916
opportunities for Ohio and Ohio businesses to benefit from the	88917
Free Trade Agreement between the United States and Canada.	88918

THE OHIO STATE UNIVERSITY CLINIC SUPPORT

88919

The foregoing appropriation item 235-572, The Ohio State	88920
University Clinic Support, shall be distributed through the Board	88921
of Regents to The Ohio State University for support of dental and	88922
veterinary medicine clinics.	88923

Section 88.10. URBAN UNIVERSITY PROGRAMS

88924

Of the foregoing appropriation item 235-583, Urban University	88925
Programs, universities receiving funds that are used to support an	88926
ongoing university unit shall certify periodically in a manner	88927
approved by the Board of Regents that program funds are being	88928
matched on a one-to-one basis with equivalent resources. Overhead	88929
support may not be used to meet this requirement. Where Urban	88930
University Program funds are being used to support an ongoing	88931
university unit, matching funds shall come from continuing rather	88932
than one-time sources. At each participating state-assisted	88933
institution of higher education, matching funds shall be within	88934
the substantial control of the individual designated by the	88935
institution's president as the Urban University Program	88936
representative.	88937

Of the foregoing appropriation item 235-583, Urban University	88938
Programs, $317,754 in fiscal year 2004 and $309,811 in fiscal year	88939
2005 shall be used to support a public communication outreach	88940
program (WCPN). The primary purpose of the program shall be to	88941
develop a relationship between Cleveland State University and	88942
nonprofit communications entities.	88943

Of the foregoing appropriation item 235-583, Urban University	88944
Programs, $150,515 in fiscal year 2004 and $146,753 in fiscal year	88945
2005 shall be used to support the Center for the Interdisciplinary	88946
Study of Education and the Urban Child at Cleveland State	88947
University. These funds shall be distributed according to rules	88948
adopted by the Board of Regents and shall be used by the center	88949
for interdisciplinary activities targeted toward increasing the	88950
chance of lifetime success of the urban child, including	88951
interventions beginning with the prenatal period. The primary	88952
purpose of the center is to study issues in urban education and to	88953
systematically map directions for new approaches and new solutions	88954
by bringing together a cadre of researchers, scholars, and	88955
professionals representing the social, behavioral, education, and	88956
health disciplines.	88957

Of the foregoing appropriation item 235-583, Urban University	88958
Programs, $217,411 in fiscal year 2004 and $211,976 in fiscal year	88959
2005 shall be used to support the Kent State University Learning	88960
and Technology Project. This project is a kindergarten through	88961
university collaboration between schools surrounding Kent's eight	88962
campuses in northeast Ohio, and corporate partners who will assist	88963
in development and delivery.	88964

The Kent State University Project shall provide a faculty	88965
member who has a full-time role in the development of	88966
collaborative activities and teacher instructional programming	88967
between Kent and the K-12th grade schools that surround its eight	88968
campuses; appropriate student support staff to facilitate these	88969
programs and joint activities; and hardware and software to	88970
schools that will make possible the delivery of instruction to	88971
pre-service and in-service teachers, and their students, in their	88972
own classrooms or school buildings. This shall involve the	88973
delivery of low-bandwidth streaming video and web-based	88974
technologies in a distributed instructional model.	88975

Of the foregoing appropriation item 235-583, Urban University	88976
Programs, $83,619 in fiscal year 2004 and $81,529 in fiscal year	88977
2005 year shall be used to support the Ameritech Classroom/Center	88978
for Research at Kent State University.	88979

Of the foregoing appropriation item 235-583, Urban University	88980
Programs, $836,198 in fiscal year 2004 and $815,293 in fiscal year	88981
2005 year shall be used to support the Polymer Distance Learning	88982
Project at the University of Akron.	88983

Of the foregoing appropriation item 235-583, Urban University	88984
Programs, $41,810 in fiscal year 2004 and $40,765 in fiscal year	88985
2005 shall be distributed to the Kent State University/Cleveland	88986
Design Center program.	88987

Of the foregoing appropriation item 235-583, Urban University	88988
Programs, $209,049 in fiscal year 2004 and $203,823 in fiscal year	88989
2005 shall be used to support the Bliss Institute of Applied	88990
Politics at the University of Akron.	88991

Of the foregoing appropriation item 235-583, Urban University	88992
Programs, $12,544 in fiscal year 2004 and $12,228 in fiscal year	88993
2005 shall be used for the Advancing-Up Program at the University	88994
of Akron.	88995

Of the foregoing appropriation item 235-583, Urban University	88996
Programs, $1,840,168 in fiscal year 2004 and $1,794,164 in fiscal	88997
year 2005 shall be distributed by the Board of Regents to	88998
Cleveland State University in support of the Maxine Goodman Levin	88999
College of Urban Affairs.	89000

Of the foregoing appropriation item 235-583, Urban University	89001
Programs, $1,840,168 in fiscal year 2004 and $1,794,164 in fiscal	89002
year 2005 shall be distributed to the Northeast Ohio Research	89003
Consortium, the Urban Linkages Program, and the Urban Research	89004
Technical Assistance Grant Program. The distribution among the	89005
three programs shall be determined by the chair of the Urban	89006
University Program.	89007

Of the foregoing appropriation item 235-583, Urban University	89008
Programs, $175,000 in each fiscal year shall be used to support	89009
the Strategic Economic Research Collaborative at the University of	89010
Toledo Urban Affairs Center.	89011

Of the foregoing appropriation item 235-583, Urban University	89012
Programs, $175,000 in each fiscal year shall be used to support	89013
the Institute for Collaborative Research and Public Humanities at	89014
The Ohio State University.	89015

RURAL UNIVERSITY PROJECTS

89016

Of the foregoing appropriation item 235-587, Rural University	89017
Projects, Bowling Green State University shall receive $300,005 in	89018
fiscal year 2004 and $300,005 in fiscal year 2005, Miami	89019
University shall receive $279,005 in fiscal year 2004 and $279,005	89020
in fiscal year 2005, and Ohio University shall receive $653,973 in	89021
fiscal year 2004 and $653,973 in fiscal year 2005. These funds	89022
shall be used to support the Institute for Local Government	89023
Administration and Rural Development at Ohio University, the	89024
Center for Public Management and Regional Affairs at Miami	89025
University, and the Center for Policy Analysis and Public Service	89026
at Bowling Green State University.	89027

A small portion of the funds provided to Ohio University	89028
shall also be used for the Institute for Local Government	89029
Administration and Rural Development State and Rural Policy	89030
Partnership with the Governor's Office of Appalachia and the	89031
Appalachian delegation of the General Assembly.	89032

Of the foregoing appropriation item 235-587, Rural University	89033
Projects, $18,131 in fiscal year 2004 and $18,131 in fiscal year	89034
2005 shall be used to support the Washington State Community	89035
College day care center.	89036

Of the foregoing appropriation item 235-587, Rural University	89037
Projects, $54,396 in fiscal year 2004 and $54,396 in fiscal year	89038
2005 shall be used to support the COAD/ILGARD/GOA Appalachian	89039
Leadership Initiative.	89040

Section 88.11. OHIO RESOURCE CENTER FOR MATHEMATICS, SCIENCE,	89041
AND READING	89042

The foregoing appropriation item 235-588, Ohio Resource	89043
Center for Mathematics, Science, and Reading, shall be used to	89044
support a resource center for mathematics, science, and reading to	89045
be located at a state-assisted university for the purpose of	89046
identifying best educational practices in primary and secondary	89047
schools and establishing methods for communicating them to	89048
colleges of education and school districts. The Ohio Resource	89049
Center for Mathematics, Science, and Reading shall not make	89050
available resources that are inconsistent with standards and	89051
policies of the State Board of Education.	89052

INTERNATIONAL CENTER FOR WATER RESOURCES DEVELOPMENT

89053

The foregoing appropriation item 235-595, International	89054
Center for Water Resources Development, shall be used to support	89055
the International Center for Water Resources Development at	89056
Central State University. The center shall develop methods to	89057
improve the management of water resources for Ohio and for	89058
emerging nations.	89059

HAZARDOUS MATERIALS PROGRAM

89060

The foregoing appropriation item 235-596, Hazardous Materials	89061
Program, shall be disbursed to Cleveland State University for the	89062
operation of a program to certify firefighters for the handling of	89063
hazardous materials. Training shall be available to all Ohio	89064
firefighters.	89065

Of the foregoing appropriation item 235-596, Hazardous	89066
Materials Program, $130,601 in fiscal year 2004 and $127,337 in	89067
fiscal year 2005 shall be used to support the Center for the	89068
Interdisciplinary Study of Education and Leadership in Public	89069
Service at Cleveland State University. These funds shall be	89070
distributed by the Board of Regents and shall be used by the	89071
center targeted toward increasing the role of special populations	89072
in public service and not-for-profit organizations. The primary	89073
purpose of the center is to study issues in public service and to	89074
guide strategies for attracting new communities into public	89075
service occupations by bringing together a cadre of researchers,	89076
scholars and professionals representing the public administration,	89077
social behavioral, and education disciplines.	89078

NATIONAL GUARD SCHOLARSHIP PROGRAM

89079

The Board of Regents shall disburse funds from appropriation	89080
item 235-599, National Guard Scholarship Program, at the direction	89081
of the Adjutant General.	89082

* PLEDGE OF FEES

89083

Any new pledge of fees, or new agreement for adjustment of	89084
fees, made in the 2003-2005 biennium to secure bonds or notes of a	89085
state-assisted institution of higher education for a project for	89086
which bonds or notes were not outstanding on the effective date of	89087
this section shall be effective only after approval by the Board	89088
of Regents, unless approved in a previous biennium.	89089

HIGHER EDUCATION GENERAL OBLIGATION DEBT SERVICE

89090

The foregoing appropriation item 235-909, Higher Education	89091
General Obligation Debt Service, shall be used to pay all debt	89092
service and related financing costs at the times they are required	89093
to be made pursuant to sections 151.01 and 151.04 of the Revised	89094
Code during the period from July 1, 2003, to June 30, 2005. The	89095
Office of the Sinking Fund or the Director of Budget and	89096
Management shall effectuate the required payments by an intrastate	89097
transfer voucher.	89098

Section 88.12. SALES AND SERVICES

89099

The Board of Regents is authorized to charge and accept	89100
payment for the provision of goods and services. Such charges	89101
shall be reasonably related to the cost of producing the goods and	89102
services. No charges may be levied for goods or services that are	89103
produced as part of the routine responsibilities or duties of the	89104
Board. All revenues received by the Board of Regents shall be	89105
deposited into Fund 456, and may be used by the Board of Regents	89106
to pay for the costs of producing the goods and services.	89107

OHIO HIGHER EDUCATIONAL FACILITY COMMISSION SUPPORT

89108

The foregoing appropriation item 235-602, Higher Educational	89109
Facility Commission Administration, shall be used by the Board of	89110
Regents for operating expenses related to the Board of Regents'	89111
support of the activities of the Ohio Higher Educational Facility	89112
Commission. Upon the request of the chancellor, the Director of	89113
Budget and Management shall transfer up to $20,000 cash from Fund	89114
461 to Fund 4E8 in each fiscal year of the biennium.	89115

PHYSICIAN LOAN REPAYMENT

89116

The foregoing appropriation item 235-604, Physician Loan	89117
Repayment, shall be used in accordance with sections 3702.71 to	89118
3702.81 of the Revised Code.	89119

NURSING LOAN PROGRAM

89120

The foregoing appropriation item 235-606, Nursing Loan	89121
Program, shall be used to administer the nurse education	89122
assistance program. Up to $159,600 in fiscal year 2004 and	89123
$167,580 in fiscal year 2005 may be used for operating expenses	89124
associated with the program. Any additional funds needed for the	89125
administration of the program are subject to Controlling Board	89126
approval.	89127

Section 88.13. SCIENCE AND TECHNOLOGY COLLABORATION

89128

The Board of Regents shall work in close collaboration with	89129
the Department of Development and the Third Frontier Commission in	89130
relation to appropriation items and programs listed in the	89131
following paragraph, and other technology-related appropriations	89132
and programs in the Department of Development and the Board of	89133
Regents as these agencies may designate, to ensure implementation	89134
of a coherent state strategy with respect to science and	89135
technology.	89136

Each of the following appropriations and programs: 195-401,	89137
Thomas Edison Program; 195-408, Coal Research Development;	89138
195-422, Third Frontier Action Fund; 195-632, Coal Research and	89139
Development Fund; 235-454, Research Challenge; 235-508, Air Force	89140
Institute of Technology; 235-510, Ohio Supercomputer Center;	89141
235-527, Ohio Aerospace Institute; 235-535, Ohio Agricultural	89142
Research and Development Center; 235-553, Dayton Area Graduate	89143
Studies Institute; 235-554, Computer Science Graduate Education;	89144
235-556, Ohio Academic Resources Network; and 195-405, Biomedical	89145
Research and Technology Transfer Trust, shall be reviewed annually	89146
by the Third Frontier Commission with respect to its development	89147
of complementary relationships within a combined state science and	89148
technology investment portfolio and its overall contribution to	89149
the state's science and technology strategy, including the	89150
adoption of appropriately consistent criteria for: (1) the	89151
scientific merit of activities supported by the program; (2) the	89152
relevance of the program's activities to commercial opportunities	89153
in the private sector; (3) the private sector's involvement in a	89154
process that continually evaluates commercial opportunities to use	89155
the work supported by the program; and (4) the ability of the	89156
program and recipients of grant funding from the program to engage	89157
in activities that are collaborative, complementary, and efficient	89158
with respect to the expenditure of state funds. All programs	89159
listed above shall provide annual reports to the Third Frontier	89160
Commission discussing existing, planned, or possible	89161
collaborations between programs and recipients of grant funding	89162
related to technology, development, commercialization, and	89163
supporting Ohio's economic development. The annual review by the	89164
Third Frontier Commission shall be a comprehensive review of the	89165
entire state science and technology program portfolio rather than	89166
a review of individual programs.	89167

REPAYMENT OF RESEARCH FACILITY INVESTMENT FUND MONEYS

89168

Notwithstanding any provision of law to the contrary, all	89169
repayments of Research Facility Investment Fund loans shall be	89170
made to the Bond Service Trust Fund. All Research Facility	89171
Investment Fund loan repayments made prior to the effective date	89172
of this section shall be transferred by the Director of Budget and	89173
Management to the Bond Service Trust Fund within sixty days of the	89174
effective date of this section.	89175

Campuses shall make timely repayments of Research Facility	89176
Investment Fund loans, according to the schedule established by	89177
the Board of Regents. In the case of late payments, the Board of	89178
Regents may deduct from an institution's periodic subsidy	89179
distribution an amount equal to the amount of the overdue payment	89180
for that institution, transfer such amount to the Bond Service	89181
Trust Fund, and credit the appropriate institution for the	89182
repayment.	89183

VETERANS' PREFERENCES

89184

The Board of Regents shall work with the Governor's Office of	89185
Veterans' Affairs to develop specific veterans' preference	89186
guidelines for higher education institutions. These guidelines	89187
shall ensure that the institutions' hiring practices are in	89188
accordance with the intent of Ohio's veterans' preference laws.	89189

Section 88.15. STUDY OF CO-LOCATED INSTITUTIONS

89190

The Board of Regents shall review the operation and	89191
effectiveness of co-located university branch campuses and	89192
technical colleges, with particular attention to improved	89193
responsiveness to community needs and improved transfer of	89194
coursework. The Board of Regents shall report its findings and	89195
recommendations to the General Assembly not later than May 15,	89196
2004.	89197

Section 88.16. On the effective date of this section, the	89198
Board of Regents shall recognize the conversion of Belmont	89199
Technical College from a technical college under Chapter 3358. of	89200
the Revised Code to a community college under Chapter 3354. of the	89201
Revised Code, and on and after the effective date of this section	89202
Belmont Technical College shall be known as Belmont Community	89203
College.	89204

Section 89.  DRC DEPARTMENT OF REHABILITATION AND CORRECTION

89205

General Services Fund Group

89221

Federal Special Revenue Fund Group

89232

Intragovernmental Service Fund Group

89237

COMMUNITY CORRECTIONS TRANSFERS

89243

With the approval of the Controlling Board, the Department of	89244
Rehabilitation and Correction shall transfer in FY 2005 from the	89245
unexpended, unobligated GRF appropriations made to the Department	89246
for fiscal years 2004 and 2005 at least $3,500,000 in	89247
appropriation authority to appropriation item 501-405, Halfway	89248
House, and at least $1,000,000 in appropriation authority to	89249
appropriation item 501-501, Community Residential Programs - CBCF.	89250

ZERO-BASED BUDGETING

89251

The Director of Budget and Management shall prepare a full	89252
zero-based budget for the biennium ending June 30, 2007, for the	89253
Department of Rehabilitation and Correction. The Director shall	89254
offer the Department substantial technical assistance throughout	89255
the process of preparing its zero-based budget. The Department	89256
shall prepare a full zero-based budget in such manner and	89257
according to such schedule as the Director of Budget and	89258
Management requires. The zero-based budget shall, as the Director	89259
of Budget and Management determines, be in addition to or in place	89260
of the estimates of revenue and proposed expenditures that the	89261
Department otherwise would be required to prepare under section	89262
126.02 of the Revised Code.	89263

OHIO BUILDING AUTHORITY LEASE PAYMENTS

89264

The foregoing appropriation item 501-406, Lease Rental	89265
Payments, shall be used for payments to the Ohio Building	89266
Authority for the period July 1, 2003, to June 30, 2005, pursuant	89267
to the primary leases and agreements for those buildings made	89268
under Chapter 152. of the Revised Code but limited to the	89269
aggregate amount of $288,304,900. This appropriation amount is the	89270
source of funds pledged for bond service charges on related	89271
obligations issued pursuant to Chapter 152. of the Revised Code.	89272

PRISONER COMPENSATION

89273

Money from the foregoing appropriation item 501-403, Prisoner	89274
Compensation, shall be transferred on a quarterly basis by	89275
intrastate transfer voucher to the Services and Agricultural Fund	89276
(Fund 148) for the purposes of paying prisoner compensation.	89277

CASH TRANSFER TO THE OFFENDER FINANCIAL RESPONSIBILITY FUND

89278

On July 1, 2003, or as soon thereafter as possible, the	89279
Director of Budget and Management shall transfer the cash balance	89280
in the Adult Parole Authority Probation Services Fund (Fund 5A3)	89281
to the Offender Financial Responsibility Fund (Fund 5H8).	89282

Section 90.  RSC REHABILITATION SERVICES COMMISSION

89283

General Revenue Fund

89284

General Services Fund Group

89297

Federal Special Revenue Fund Group

89302

State Special Revenue Fund Group

89316

MR/DD SERVICES

89322

The foregoing appropriation item 415-404, MR/DD Services,	89323
shall be used as state matching funds to provide vocational	89324
rehabilitation services to mutually eligible clients between the	89325
Rehabilitation Services Commission and the Department of Mental	89326
Retardation and Developmental Disabilities. The Rehabilitation	89327
Services Commission shall report to the Department of Mental	89328
Retardation and Developmental Disabilities, as outlined in an	89329
interagency agreement, on the number and status of mutually	89330
eligible clients and the status of the funds and expenditures for	89331
these clients.	89332

VOCATIONAL REHABILITATION/JOB AND FAMILY SERVICES

89333

The foregoing appropriation item 415-405, Vocational	89334
Rehabilitation/Job and Family Services, shall be used as state	89335
matching funds to provide vocational rehabilitation services to	89336
mutually eligible clients between the Rehabilitation Services	89337
Commission and the Department of Job and Family Services. The	89338
Rehabilitation Services Commission shall report to the Department	89339
of Job and Family Services, as outlined in an interagency	89340
agreement, on the number and status of mutually eligible clients	89341
and the status of the funds and expenditures for these clients.	89342

ASSISTIVE TECHNOLOGY

89343

The foregoing appropriation item 415-406, Assistive	89344
Technology, shall be provided to Assistive Technology of Ohio and	89345
shall be used only to provide grants under that program. No amount	89346
of the appropriation may be used for administrative costs.	89347

OFFICE FOR PEOPLE WITH BRAIN INJURY

89348

Of the foregoing appropriation item 415-431, Office for	89349
People with Brain Injury, $50,000 in each fiscal year shall be	89350
used for the state match for a federal grant awarded through the	89351
Traumatic Brain Injury Act, Pub. L. No. 104-166, and up to $50,000	89352
in fiscal year 2004 and up to $50,000 in fiscal year 2005 shall be	89353
provided to the Brain Injury Trust Fund. The remaining	89354
appropriation in this item shall be used to plan and coordinate	89355
head-injury-related services provided by state agencies and other	89356
government or private entities, to assess the needs for such	89357
services, and to set priorities in this area.	89358

SERVICES FOR THE ELDERLY

89359

The foregoing appropriation item 415-509, Services for the	89360
Elderly, shall be used as matching funds for vocational	89361
rehabilitation services for eligible elderly citizens with a	89362
disability.	89363

SOCIAL SECURITY REIMBURSEMENT FUNDS

89364

Reimbursement funds received from the Social Security	89365
Administration, United States Department of Health and Human	89366
Services, for the costs of providing services and training to	89367
return disability recipients to gainful employment, shall be used	89368
in the Social Security Reimbursement Fund (Fund 3L1), as follows:	89369

(A) Appropriation item 415-601, Social Security Personal Care	89370
Assistance, to provide personal care services in accordance with	89371
section 3304.41 of the Revised Code;	89372

(B) Appropriation item 415-605, Social Security Community	89373
Centers for the Deaf, to provide grants to community centers for	89374
the deaf in Ohio for services to individuals with hearing	89375
impairments;	89376

(C) Appropriation item 415-607, Social Security	89377
Administration Cost, to provide administrative services needed to	89378
administer the Social Security reimbursement program;	89379

(D) Appropriation item 415-608, Social Security Special	89380
Programs/Assistance, to provide vocational rehabilitation services	89381
to individuals with severe disabilities, who are Social Security	89382
beneficiaries, to achieve competitive employment. This item also	89383
includes funds to assist the Personal Care Assistance, Community	89384
Centers for the Deaf, and Independent Living Programs to pay their	89385
share of indirect costs as mandated by federal OMB Circular A-87.	89386

(E) Appropriation item 415-610, Social Security Vocational	89387
Rehabilitation, to provide vocational rehabilitation services to	89388
older blind individuals with severe disabilities to achieve a	89389
noncompetitive employment goal.	89390

ADMINISTRATIVE EXPENSES

89391

The foregoing appropriation item 415-606, Administrative	89392
Expenses, shall be used to support the administrative functions of	89393
the commission related to the provision of vocational	89394
rehabilitation, disability determination services, and ancillary	89395
programs.	89396

INDEPENDENT LIVING COUNCIL

89397

The foregoing appropriation item 415-402, Independent Living	89398
Council, shall be used to fund the operations of the State	89399
Independent Living Council.	89400

MENTAL HEALTH SERVICES

89401

The foregoing appropriation item 415-403, Mental Health	89402
Services, shall be used for the provision of vocational	89403
rehabilitation services to mutually eligible consumers of the	89404
Rehabilitation Services Commission and the Department of Mental	89405
Health.	89406

The Department of Mental Health shall receive a quarterly	89407
report from the Rehabilitation Services Commission stating the	89408
numbers served, numbers placed in employment, average hourly wage,	89409
and average hours worked.	89410

INDEPENDENT LIVING SERVICES

89411

The foregoing appropriation items 415-520, Independent Living	89412
Services, and 415-612, Federal-Independent Living Centers or	89413
Services, shall be used to support state independent living	89414
centers or independent living services pursuant to Title VII of	89415
the Independent Living Services and Centers for Independent Living	89416
of the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	89417
U.S.C. 796d.	89418

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

89419

The foregoing appropriation item 415-617, Independent	89420
Living/Vocational Rehabilitation Programs, shall be used to	89421
support vocational rehabilitation programs, including, but not	89422
limited to, Projects with Industry, Training Grants, and Brain	89423
Injury Grants.	89424

PILOT PROGRAM FOR VOCATIONAL REHABILITATION

89425

During fiscal years 2004 and 2005, the Rehabilitation	89426
Services Commission may conduct a pilot program to provide	89427
vocational rehabilitation and related services to entities,	89428
employers, or individuals that are not eligible for state or	89429
federally supported services through the commission. The	89430
commission shall propose fees to be collected from the entities,	89431
employers, or individuals served by the pilot program for the	89432
approval of the Controlling Board to support the costs for	89433
vocational rehabilitation and related services provided under the	89434
pilot program. Fee revenues collected under the program shall be	89435
credited to Fund 468 (Third Party Funding). Prior to the	89436
commencement of services through the pilot program, the	89437
Rehabilitation Services Commission shall develop a program plan to	89438
be submitted to the Controlling Board. Any plan revisions or	89439
updates shall be reported to the Controlling Board. During the	89440
implementation of the pilot program, the Rehabilitation Services	89441
Commission shall investigate and determine the possibility of	89442
utilizing this source of revenue to match federal funds. The	89443
Rehabilitation Services Commission shall evaluate the progress of	89444
the pilot program and issue a report of its findings to the	89445
Governor by December 15, 2005. The report shall include a	89446
recommendation to either continue or discontinue the pilot program	89447
in the next biennium.	89448

Section 91.  RCB RESPIRATORY CARE BOARD

89449

General Services Fund Group

89450

Section 92.  REVENUE DISTRIBUTION FUNDS

89456

Volunteer Firefighters' Dependents Fund

89457

Holding Account Redistribution

89468

ADDITIONAL APPROPRIATIONS

89487

Appropriation items in this section are to be used for the	89488
purpose of administering and distributing the designated revenue	89489
distributions fund according to the Revised Code. If it is	89490
determined that additional appropriations are necessary, such	89491
amounts are appropriated.	89492

Section 93.  SAN BOARD OF SANITARIAN REGISTRATION

89493

General Services Fund Group

89494

Section 94.  OSB OHIO STATE SCHOOL FOR THE BLIND

89500

General Revenue Fund

89501

General Services Fund Group

89506

State Special Revenue Fund Group

89510

Federal Special Revenue Fund Group

89514

Section 95.  OSD OHIO STATE SCHOOL FOR THE DEAF

89521

General Revenue Fund

89522

General Services Fund Group

89527

State Special Revenue Fund Group

89531

Federal Special Revenue Fund Group

89537

Section 96.  SFC SCHOOL FACILITIES COMMISSION

89546

General Revenue Fund

89547

Federal Special Revenue Fund Group

89551

State Special Revenue Fund Group

89554

Section 96.01. LEASE RENTAL PAYMENTS

89560

The foregoing appropriation item 230-428, Lease Rental	89561
Payments, shall be used to meet all payments at the times they are	89562
required to be made during the period from July 1, 2003, to June	89563
30, 2005, by the School Facilities Commission pursuant to leases	89564
and agreements made under section 3318.26 of the Revised Code, but	89565
limited to the aggregate amount of $63,481,200. Nothing in this	89566
act shall be deemed to contravene the obligation of the state to	89567
pay, without necessity for further appropriation, from the sources	89568
pledged thereto, the bond service charges on obligations issued	89569
pursuant to Chapter 3318. of the Revised Code.	89570

COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE

89571

The foregoing appropriation item 230-908, Common Schools	89572
General Obligation Debt Service, shall be used to pay all debt	89573
service and related financing costs at the times they are required	89574
to be made pursuant to sections 151.01 and 151.03 of the Revised	89575
Code during the period from July 1, 2003, to June 30, 2005. The	89576
Office of the Sinking Fund or the Director of Budget and	89577
Management shall effectuate the required payments by an intrastate	89578
transfer voucher.	89579

OPERATING EXPENSES

89580

The foregoing appropriation item 230-644, Operating Expenses,	89581
shall be used by the Ohio School Facilities Commission to carry	89582
out its responsibilities pursuant to this section and Chapter	89583
3318. of the Revised Code.	89584

Within ten days after the effective date of this section, or	89585
as soon as possible thereafter, the Executive Director of the Ohio	89586
School Facilities Commission shall certify to the Director of	89587
Budget and Management the amount of cash from interest earnings to	89588
be transferred from the School Building Assistance Fund (Fund 032)	89589
or the Public School Building Fund (Fund 021) to the Ohio School	89590
Facilities Commission Fund (Fund 5E3).	89591

By July 10, 2004, the Executive Director of the Ohio School	89592
Facilities Commission shall certify to the Director of Budget and	89593
Management the amount of cash from interest earnings to be	89594
transferred from the School Building Assistance Fund (Fund 032) or	89595
the Public School Building Fund (Fund 021) to the Ohio School	89596
Facilities Commission Fund (Fund 5E3). The amount transferred may	89597
not exceed investment earnings credited to the School Building	89598
Assistance Fund (Fund 032) less any amount required to be paid for	89599
federal arbitrage rebate purposes.	89600

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

89601

At the request of the Executive Director of the Ohio School	89602
Facilities Commission, the Director of Budget and Management may	89603
cancel encumbrances for school district projects from a previous	89604
biennium if the district has not raised its local share of project	89605
costs within one year of receiving Controlling Board approval in	89606
accordance with section 3318.05 of the Revised Code. The Executive	89607
Director of the Ohio School Facilities Commission shall certify	89608
the amounts of these canceled encumbrances to the Director of	89609
Budget and Management on a quarterly basis. The amounts of the	89610
canceled encumbrances are appropriated.	89611

Section 96.02. COMMUNITY SCHOOL CLASSROOM FACILITIES LOAN	89612
GUARANTEE	89613

The unencumbered and unallotted balances as of June 30, 2003,	89614
in appropriation item 230-602, Community School Loan Guarantee,	89615
are hereby reappropriated in fiscal year 2004 to support loan	89616
guarantees to community schools under section 3318.50 of the	89617
Revised Code. The unencumbered an unallotted balances of the	89618
appropriation at the end of fiscal year 2004 are hereby	89619
reappropriated in fiscal year 2005 to support loan guarantees to	89620
community schools under section 3318.50 of the Revised Code.	89621

Section 96.02a.  EXTREME ENVIRONMENTAL CONTAMINATION OF	89622
SCHOOL FACILITIES	89623

Notwithstanding any other provision of law to the contrary,	89624
the School Facilities Commission may provide assistance under the	89625
Exceptional Needs School Facilities Program established in section	89626
3318.37 of the Revised Code to any school district, and not	89627
exclusively to a school district in the lowest fifty per cent of	89628
adjusted valuation per pupil on the current ranking of school	89629
districts established pursuant to section 3317.02 of the Revised	89630
Code, for the purpose of the relocation or replacement of school	89631
facilities required as a result of extreme environmental	89632
contamination.	89633

The School Facilities Commission shall contract with an	89634
independent environmental consultant to conduct a study and to	89635
report to the commission as to the seriousness of the	89636
environmental contamination, whether the contamination violates	89637
applicable state and federal standards, and whether the facilities	89638
are no longer suitable for use as school facilities. The	89639
commission then shall make a determination regarding funding for	89640
the relocation or replacement of the school facilities. If the	89641
federal government or other public or private entity provides	89642
funds for restitution of costs incurred by the state or school	89643
district in the relocation or replacement of the school	89644
facilities, the school district shall use such funds in excess of	89645
the school district's share to refund the state for the state's	89646
contribution to the environmental contamination portion of the	89647
project. The school district may apply an amount of such	89648
restitution funds up to an amount equal to the school district's	89649
portion of the project, as defined by the commission, toward	89650
paying its portion of that project to reduce the amount of bonds	89651
the school district otherwise must issue to receive state	89652
assistance under sections 3318.01 to 3318.20 of the Revised Code.	89653

Section 96.03.  (A) The Ohio School Facilities Commission may	89654
commit up to thirty-five million dollars to the Canton City School	89655
District for construction of a facility described in this section,	89656
in lieu of a high school that would otherwise be authorized under	89657
Chapter 3318. of the Revised Code. The commission shall not commit	89658
funds under this section unless all of the following conditions	89659
are met:	89660

(1) The district has entered into a cooperative agreement	89661
with a state-assisted technical college.	89662

(2) The district has received an irrevocable commitment of	89663
additional funding from nonpublic sources.	89664

(3) The facility is intended to serve both secondary and	89665
postsecondary instructional purposes.	89666

(B) The commission shall enter into an agreement with the	89667
district for the construction of the facility authorized under	89668
this section that is separate from and in addition to the	89669
agreement required for the district's participation in the	89670
Classroom Facilities Assistance Program under section 3318.08 of	89671
the Revised Code. Notwithstanding that section and sections	89672
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional	89673
agreement shall provide, but not be limited to, the following:	89674

(1) The commission shall not have any oversight	89675
responsibilities over the construction of the facility.	89676

(2) The facility need not comply with the specifications for	89677
plans and materials for high schools adopted by the commission.	89678

(3) The commission may decrease the basic project cost that	89679
would otherwise be calculated for a high school under Chapter	89680
3318. of the Revised Code.	89681

(4) The state shall not share in any increases in the basic	89682
project cost for the facility above the amount authorized under	89683
this section.	89684

All other provisions of Chapter 3318. of the Revised Code	89685
apply to the approval and construction of a facility authorized	89686
under this section.	89687

The state funds committed to the facility authorized by this	89688
section shall be part of the total amount the state commits to the	89689
Canton City School District under Chapter 3318. of the Revised	89690
Code. All additional state funds committed to the Canton City	89691
School District for classroom facilities assistance shall be	89692
subject to all provisions of Chapter 3318. of the Revised Code.	89693

Section 97.  NET OHIO SCHOOLNET COMMISSION

89694

General Revenue Fund

89695

General Services Fund Group

89700

State Special Revenue Fund Group

89704

Federal Special Revenue Fund Group

89710

Section 97.01. TECHNICAL AND INSTRUCTIONAL PROFESSIONAL	89716
DEVELOPMENT	89717

The foregoing appropriation item 228-406, Technical and	89718
Instructional Professional Development, shall be used by the Ohio	89719
SchoolNet Commission to make grants or provide services to	89720
qualifying schools, including the State School for the Blind and	89721
the Ohio School for the Deaf, for the provision of hardware,	89722
software, telecommunications services, and staff development to	89723
support educational uses of technology in the classroom.	89724

The Ohio SchoolNet Commission shall consider the professional	89725
development needs associated with the OhioReads Program when	89726
making funding allocations and program decisions.	89727

Of the foregoing appropriation $1,260,000 in each fiscal year	89728
shall be used by the Ohio Educational Telecommunications Network	89729
Commission, with the advice of the Ohio SchoolNet Commission, to	89730
make grants for research, development and production of	89731
interactive instructional programming series and teleconferences	89732
to support the SchoolNet Commission. Up to $55,000 of this amount	89733
shall be used in each fiscal year to provide for the	89734
administration of these activities by the Ohio Educational	89735
Telecommunications Network Commission. The programming shall be	89736
targeted to the needs of the poorest two hundred school districts	89737
as determined by the district's adjusted valuation per pupil as	89738
defined in section 3317.0213 of the Revised Code.	89739

Of the foregoing appropriation item 228-406, Technical and	89740
Instructional Professional Development, $818,322 in each fiscal	89741
year shall be used by the INFOhio Network, with the advice of the	89742
Ohio SchoolNet Commission, to support the provision of electronic	89743
resources to all public schools with preference given to	89744
elementary schools. Consideration shall be given by the Commission	89745
to coordinating the allocation of these moneys with the efforts of	89746
OhioLINK and the Ohio Public Information Network.	89747

Of the foregoing appropriation item 228-406, Technical and	89748
Instructional Professional Development, $300,000 in each fiscal	89749
year shall be used by the JASON project, with the advice of the	89750
Ohio SchoolNet Commission, to provide statewide access and a 75	89751
per cent subsidy for statewide licensing of JASON content for	89752
90,000 middle school students statewide, and professional	89753
development for teachers participating in the program.	89754

The remaining appropriation allocated in appropriation item	89755
228-406, Technical and Instructional Professional Development,	89756
shall be used by the Ohio SchoolNet Commission for professional	89757
development for teachers and administrators for the use of	89758
educational technology. The commission may make grants to provide	89759
technical assistance and professional development on the use of	89760
educational technology to school districts.	89761

Eligible recipients of grants include regional training	89762
centers, county offices of education, data collection sites,	89763
instructional technology centers, institutions of higher	89764
education, public television stations, special education resource	89765
centers, area media centers, or other nonprofit educational	89766
organizations. Services provided through these grants may include	89767
use of private entities subcontracting through the grant	89768
recipient.	89769

Grants shall be made to entities on a contractual basis with	89770
the Ohio SchoolNet Commission. Contracts shall include provisions	89771
that demonstrate how services will benefit technology use in the	89772
schools, and in particular will support Ohio SchoolNet efforts to	89773
support technology in the schools. Contracts shall specify the	89774
scope of assistance being offered and the potential number of	89775
professionals who will be served. Contracting entities may be	89776
awarded more than one grant at a time.	89777

Grants shall be awarded in a manner consistent with the goals	89778
of Ohio SchoolNet. Special emphasis in the award of grants shall	89779
be placed on collaborative efforts among service providers.	89780

Application for grants from this appropriation in	89781
appropriation item 228-406, Technical and Instructional	89782
Professional Development, shall be consistent with a school	89783
district's technology plan that shall meet the minimum	89784
specifications for school district technology plans as prescribed	89785
by the Ohio SchoolNet Commission. Funds allocated through these	89786
grants may be combined with funds received through other state or	89787
federal grants for technology so long as the school district's	89788
technology plan specifies the use of these funds.	89789

EDUCATION TECHNOLOGY

89790

The foregoing appropriation item 228-539, Education	89791
Technology, shall be used to provide funding to suppliers of	89792
information services to school districts for the provision of	89793
hardware, software, and staff development in support of	89794
educational uses of technology in the classroom as prescribed by	89795
the State Plan for Technology pursuant to section 3301.07 of the	89796
Revised Code, and to support assistive technology for children and	89797
youth with disabilities.	89798

Of the foregoing appropriation item 228-539, Education	89799
Technology, up to $1,946,000 in each fiscal year shall be used by	89800
the Ohio SchoolNet Commission to link all public K-12 classrooms	89801
to each other and the Internet, and to provide access to voice,	89802
video, and data educational resources for students and teachers	89803
through the OneNet Ohio Program.	89804

Up to $4,403,778 in each fiscal year shall be used by the	89805
Ohio SchoolNet Commission to contract with instructional	89806
television, and $639,537 in each fiscal year shall be used by the	89807
commission to contract with education media centers to provide	89808
Ohio schools with instructional resources and services.	89809

Resources may include, but not be limited to, the following:	89810
pre-recorded video materials (including videotape, laser discs,	89811
and CD-ROM discs); computer software for student use or student	89812
access to electronic communication, databases, spreadsheet, and	89813
word processing capability; live student courses or courses	89814
delivered electronically; automated media systems; and	89815
instructional and professional development materials for teachers.	89816
The commission shall cooperate with education technology agencies	89817
in the acquisition, development, and delivery of such educational	89818
resources to ensure high-quality and educational soundness at the	89819
lowest possible cost. Delivery of such resources may utilize a	89820
variety of technologies, with preference given to a high-speed	89821
integrated information network that can transport video, voice,	89822
data, and graphics simultaneously.	89823

Services shall include presentations and technical assistance	89824
that will help students and teachers integrate educational	89825
materials that support curriculum objectives, match specific	89826
learning styles, and are appropriate for individual interests and	89827
ability levels.	89828

Such instructional resources and services shall be made	89829
available for purchase by chartered nonpublic schools or by public	89830
school districts for the benefit of pupils attending chartered	89831
nonpublic schools.	89832

TELECOMMUNITY

89833

The foregoing appropriation item 228-630, Ohio SchoolNet	89834
Telecommunity Fund, shall be distributed by the Ohio SchoolNet	89835
Commission on a grant basis to eligible school districts to	89836
establish "distance learning" through interactive video	89837
technologies in the school district. Per agreements with eight	89838
Ohio local telephone companies: ALLTEL Ohio, CENTURY Telephone of	89839
Ohio, Chillicothe Telephone Company, Cincinnati Bell Telephone	89840
Company, Orwell Telephone Company, Sprint North Central Telephone,	89841
VERIZON, and Western Reserve Telephone Company, school districts	89842
are eligible for funds if they are within one of the listed	89843
telephone company service areas. Funds to administer the program	89844
shall be expended by the commission up to the amount specified in	89845
agreements with the listed telephone companies.	89846

Within 30 days after the effective date of this section, the	89847
Director of Budget and Management shall transfer to Fund 4W9 in	89848
the State Special Revenue Fund Group any investment earnings from	89849
moneys paid to the Ohio SchoolNet Commission by any telephone	89850
company as part of any settlement agreement between the listed	89851
companies and the Public Utilities Commission in fiscal years 1996	89852
and beyond.	89853

DISTANCE LEARNING

89854

Appropriation item 228-634, Distance Learning, shall be	89855
distributed by the Ohio SchoolNet Commission on a grant basis to	89856
eligible school districts to establish "distance learning" in the	89857
school district. Per the agreement with Ameritech, school	89858
districts are eligible for funds if they are within an Ameritech	89859
service area. Funds to administer the program shall be expended by	89860
the commission up to the amount specified in the agreement with	89861
Ameritech.	89862

Within thirty days after the effective date of this section,	89863
the Director of Budget and Management shall transfer to fund 4X1	89864
in the State Special Revenue Fund Group any investment earnings	89865
from moneys paid to the office or to the SchoolNet Commission by	89866
any telephone company as part of a settlement agreement between	89867
the company and the Public Utilities Commission in fiscal year	89868
1995.	89869

GATES FOUNDATION GRANTS

89870

The foregoing appropriation item 228-605, Gates Foundation	89871
Grants, shall be used by the Ohio SchoolNet Commission to provide	89872
professional development to school district principals,	89873
superintendents, and other administrative staff for the use of	89874
education technology. The appropriation is made possible through a	89875
grant from the Bill and Melinda Gates foundation.	89876

Section 98.  SOS SECRETARY OF STATE

89877

General Revenue Fund

89878

General Services Fund Group

89884

Federal Special Revenue Fund Group

89890

State Special Revenue Fund Group

89894

Holding Account Redistribution Fund Group

89899

BOARD OF VOTING MACHINE EXAMINERS

89905

The foregoing appropriation item 050-610, Board of Voting	89906
Machine Examiners, shall be used to pay for the services and	89907
expenses of the members of the Board of Voting Machine Examiners,	89908
and for other expenses that are authorized to be paid from the	89909
Board of Voting Machine Examiners Fund, which is created in	89910
section 3506.05 of the Revised Code. Moneys not used shall be	89911
returned to the person or entity submitting the equipment for	89912
examination. If it is determined that additional appropriations	89913
are necessary, such amounts are appropriated.	89914

HOLDING ACCOUNT REDISTRIBUTION GROUP

89915

The foregoing appropriation items 050-605 and 050-606,	89916
Holding Account Redistribution Fund Group, shall be used to hold	89917
revenues until they are directed to the appropriate accounts or	89918
until they are refunded. If it is determined that additional	89919
appropriations are necessary, such amounts are appropriated.	89920

Section 99.  SEN THE OHIO SENATE

89921

General Revenue Fund

89922

General Services Fund Group

89925

Section 100.  CSF COMMISSIONERS OF THE SINKING FUND

89932

Debt Service Fund Group

89933

ADDITIONAL APPROPRIATIONS

89944

Appropriation items in this section are for the purpose of	89945
paying debt service and financing costs on bonds or notes of the	89946
state issued pursuant to the Ohio Constitution and acts of the	89947
General Assembly. If it is determined that additional	89948
appropriations are necessary, such amounts are appropriated.	89949

Section 101.  SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	89950
AUDIOLOGY	89951

General Services Fund Group

89952

Section 102.  BTA BOARD OF TAX APPEALS

89958

General Revenue Fund

89959

Section 103. TAX DEPARTMENT OF TAXATION

89964

General Revenue Fund

89965

Agency Fund Group

89971

General Services Fund Group

89975

State Special Revenue Fund Group

89979

Federal Special Revenue Fund Group

89996

Holding Account Redistribution Fund Group

90000

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

90006

Of the foregoing appropriation item 110-607, Local Tax	90007
Administration, the Tax Commissioner may disburse funds, if	90008
available, for the purposes of paying travel expenses incurred by	90009
members of Ohio's delegation to the Streamlined Sales Tax Project,	90010
as appointed under section 5740.02 of the Revised Code. Any travel	90011
expense reimbursement paid for by the Department of Taxation shall	90012
be done in accordance with applicable state laws and guidelines.	90013

LITTER CONTROL TAX ADMINISTRATION FUND

90014

Notwithstanding section 5733.12 of the Revised Code, during	90015
the period from July 1, 2003, to June 30, 2004, the amount of	90016
$625,232, and during the period from July 1, 2004, to June 30,	90017
2005, the amount of $625,232, received by the Tax Commissioner	90018
under Chapter 5733. of the Revised Code, shall be credited to the	90019
Litter Control Tax Administration Fund (Fund 437).	90020

CENTRALIZED TAX FILING AND PAYMENT FUND

90021

The Director of Budget and Management pursuant to a plan	90022
submitted by the Tax Commissioner, or as otherwise determined by	90023
the Director of Budget and Management, shall set a schedule to	90024
transfer cash from the General Revenue Fund to the credit of the	90025
Centralized Tax Filing and Payment Fund. Such transfers of cash	90026
shall not exceed $3,000,000 in any fiscal year.	90027

INTERNATIONAL REGISTRATION PLAN AUDIT

90028

The foregoing appropriation item 110-616, International	90029
Registration Plan, shall be used pursuant to section 5703.12 of	90030
the Revised Code for audits of persons with vehicles registered	90031
under the International Registration Plan.	90032

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX	90033
EXEMPTION	90034

The foregoing appropriation item 110-901, Property Tax	90035
Allocation - Taxation, is appropriated to pay for the state's	90036
costs incurred due to the Homestead Exemption, the Manufactured	90037
Home Property Tax Rollback, and the Property Tax Rollback. The Tax	90038
Commissioner shall distribute these funds directly to the	90039
appropriate local taxing districts of the state, except for school	90040
districts, notwithstanding the provisions in sections 321.24 and	90041
323.156 of the Revised Code, which provide for payment of the	90042
Homestead Exemption, the Manufactured Home Property Tax Rollback,	90043
and Property Tax Rollback by the Tax Commissioner to the	90044
appropriate county treasurer and the subsequent redistribution of	90045
these funds to the appropriate local taxing districts by the	90046
county auditor.	90047

The foregoing appropriation item 110-906, Tangible Tax	90048
Exemption - Taxation, is appropriated to pay for the state's costs	90049
incurred due to the tangible personal property tax exemption	90050
required by division (C)(3) of section 5709.01 of the Revised	90051
Code. The Tax Commissioner shall distribute to each county	90052
treasurer the total amount certified by the county treasurer	90053
pursuant to section 319.311 of the Revised Code for all local	90054
taxing districts located in the county except for school	90055
districts, notwithstanding the provision in section 319.311 of the	90056
Revised Code which provides for payment of the $10,000 tangible	90057
personal property tax exemption by the Tax Commissioner to the	90058
appropriate county treasurer for all local taxing districts	90059
located in the county including school districts. Pursuant to	90060
division (G) of section 321.24 of the Revised Code, the county	90061
auditor shall distribute the amount paid by the Tax Commissioner	90062
among the appropriate local taxing districts except for school	90063
districts.	90064

Upon receipt of these amounts, each local taxing district	90065
shall distribute the amount among the proper funds as if it had	90066
been paid as real or tangible personal property taxes. Payments	90067
for the costs of administration shall continue to be paid to the	90068
county treasurer and county auditor as provided for in sections	90069
319.54, 321.26, and 323.156 of the Revised Code.	90070

Any sums, in addition to the amounts specifically	90071
appropriated in appropriation items 110-901, Property Tax	90072
Allocation - Taxation, for the Homestead Exemption, the	90073
Manufactured Home Property Tax Rollback, and the Property Tax	90074
Rollback payments, and 110-906, Tangible Tax Exemption - Taxation,	90075
for the $10,000 tangible personal property tax exemption payments,	90076
which are determined to be necessary for these purposes, are	90077
hereby appropriated.	90078

MUNICIPAL INCOME TAX

90079

The foregoing appropriation item 110-901, Municipal Income	90080
Tax, shall be used to make payments to municipal corporations as	90081
provided in section 5745.05 of the Revised Code. If it is	90082
determined that additional appropriations are necessary to make	90083
such payments, such amounts are hereby appropriated.	90084

TAX REFUNDS

90085

The foregoing appropriation item 110-635, Tax Refunds, shall	90086
be used to pay refunds as provided in section 5703.052 of the	90087
Revised Code. If it is determined that additional appropriations	90088
are necessary, such amounts are appropriated.	90089

Section 104.  DOT DEPARTMENT OF TRANSPORTATION

90090

Transportation Modes

90091

General Revenue Fund

90092

Federal Special Revenue Fund Group

90099

State Special Revenue Fund Group

90103

ELDERLY AND DISABLED FARE ASSISTANCE

90109

Of the foregoing appropriation item 775-451, Public	90110
Transportation - State, up to $4,012,780 in fiscal year 2004 and	90111
$5,015,975 in fiscal year 2005 may be used to make grants to	90112
county transit boards, regional transit authorities, regional	90113
transit commissions, counties, municipal corporations, and private	90114
nonprofit organizations that operate or will operate public	90115
transportation systems, for the purpose of reducing the transit	90116
fares of elderly or disabled persons. Pursuant to division (B) of	90117
section 5501.07 of the Revised Code, the Director of	90118
Transportation shall establish criteria for the distribution of	90119
these grants.	90120

AVIATION LEASE PAYMENTS

90121

The foregoing appropriation item 777-473, Rickenbacker Lease	90122
Payments - State, shall be used to meet scheduled payments for the	90123
Rickenbacker Port Authority. The Director of Transportation shall	90124
certify to the Director of Budget and Management any	90125
appropriations in appropriation item 777-473, Rickenbacker Lease	90126
Payments - State, that are not needed to make lease payments for	90127
the Rickenbacker Port Authority. Notwithstanding section 127.14 of	90128
the Revised Code, the amount certified may be transferred by the	90129
Director of Budget and Management to appropriation item 777-471,	90130
Airport Improvements - State.	90131

Section 105.  TOS TREASURER OF STATE

90132

General Revenue Fund

90133

Agency Fund Group

90149

General Services Fund Group

90152

State Special Revenue Fund Group

90160

Section 105.01.  OFFICE OF THE SINKING FUND

90166

The foregoing appropriation item 090-401, Office of the	90167
Sinking Fund, shall be used for financing and other costs incurred	90168
by or on behalf of the Commissioners of the Sinking Fund, the Ohio	90169
Public Facilities Commission or its secretary, or the Treasurer of	90170
State, with respect to State of Ohio general obligation bonds or	90171
notes, including, but not limited to, printing, advertising,	90172
delivery, rating fees and the procurement of ratings, professional	90173
publications, membership in professional organizations, and	90174
services referred to in division (D) of section 151.01 of the	90175
Revised Code. The General Revenue Fund shall be reimbursed for	90176
such costs by intrastate transfer voucher pursuant to a	90177
certification by the Office of the Sinking Fund of the actual	90178
amounts used. The amounts necessary to make such reimbursements	90179
are appropriated from the general obligation bond retirement funds	90180
created by the Constitution and laws to the extent such costs are	90181
incurred.	90182

POLICE AND FIRE DEATH BENEFIT FUND

90183

The foregoing appropriation item 090-575, Police and Fire	90184
Death Benefits, shall be disbursed annually by the Treasurer of	90185
State at the beginning of each fiscal year to the Board of	90186
Trustees of the Ohio Police and Fire Pension Fund. By the	90187
twentieth day of June of each year, the Board of Trustees of the	90188
Ohio Police and Fire Pension Fund shall certify to the Treasurer	90189
of State the amount disbursed in the current fiscal year to make	90190
the payments required by section 742.63 of the Revised Code and	90191
shall return to the Treasurer of State moneys received from this	90192
item but not disbursed.	90193

The foregoing appropriation item 090-635, Tax Refunds, shall	90194
be used to pay refunds as provided in section 5703.052 of the	90195
Revised Code. If it is determined by the Director of Budget and	90196
Management that additional amounts are necessary, such amounts are	90197
appropriated.	90198

Section 106.  UST PETROLEUM UNDERGROUND STORAGE TANK RELEASE	90199
COMPENSATION BOARD	90200

State Special Revenue Fund Group

90201

Section 107.  TTA OHIO TUITION TRUST AUTHORITY

90207

State Special Revenue Fund Group

90208

Section 108.  OVH OHIO VETERANS' HOME

90215

General Revenue Fund

90216

General Services Fund Group

90220

Federal Special Revenue Fund Group

90223

State Special Revenue Fund Group

90227

Section 108.01.  VET VETERANS' ORGANIZATIONS

90234

General Revenue Fund

90235

VAP AMERICAN EX-PRISONERS OF WAR

90236

VAN ARMY AND NAVY UNION, USA, INC.

90238

VKW KOREAN WAR VETERANS

90240

VJW JEWISH WAR VETERANS

90242

VCW CATHOLIC WAR VETERANS

90244

VPH MILITARY ORDER OF THE PURPLE HEART

90246

VVV VIETNAM VETERANS OF AMERICA

90248

VAL AMERICAN LEGION OF OHIO

90250

VII AMVETS

90252

VAV DISABLED AMERICAN VETERANS

90254

VMC MARINE CORPS LEAGUE

90256

V37 37TH DIVISION AEF VETERANS' ASSOCIATION

90258

VFW VETERANS OF FOREIGN WARS

90260

RELEASE OF FUNDS

90264

The foregoing appropriation items 743-501, 746-501, 747-501,	90265
748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 754-501,	90266
756-501, 757-501, and 758-501, State Support, shall be released	90267
upon approval by the Director of Budget and Management.	90268

50th ANNIVERSARY COMMEMORATION OF THE KOREAN WAR

90269

Of the foregoing appropriation item 747-501, State Support,	90270
Korean War Veterans, up to $4,500 in fiscal year 2004 shall be	90271
used for activities to commemorate the 50th anniversary of the	90272
Korean War. Commemorative activities shall be carried out by the	90273
Korean War Veterans Organization with input from the Governor's	90274
Office of Veterans Affairs and the other veterans organizations	90275
representing Korean War veterans.	90276

AMERICAN EX-PRISONERS OF WAR

90277

The American Ex-Prisoners of War shall be permitted to share	90278
an office with the Veterans of World War I.	90279

CENTRAL OHIO UNITED SERVICES ORGANIZATION

90280

Of the foregoing appropriation item 751-501, State Support,	90281
Vietnam Veterans of America, $50,000 in each fiscal year shall be	90282
used to support the activities of the Central Ohio USO.	90283

VETERANS SERVICE COMMISSION EDUCATION

90284

Of the foregoing appropriation item 753-501, State Support,	90285
AMVETS, up to $20,000 in each fiscal year may be used to provide	90286
moneys to the Association of County Veterans Service Commissioners	90287
to reimburse its member county veterans service commissions for	90288
costs incurred in carrying out educational and outreach duties	90289
required under divisions (E) and (F) of section 5901.03 of the	90290
Revised Code. The Director of Budget and Management shall release	90291
these funds upon the presentation of an itemized receipt from the	90292
association for reasonable and appropriate expenses incurred while	90293
performing these duties. The association shall establish uniform	90294
procedures for reimbursing member commissions.	90295

Section 109.  DVM STATE VETERINARY MEDICAL BOARD

90296

General Services Fund Group

90297

Section 111.  DYS DEPARTMENT OF YOUTH SERVICES

90303

General Revenue Fund

90304

General Services Fund Group

90311

Federal Special Revenue Fund Group

90319

State Special Revenue Fund Group

90332

ZERO-BASED BUDGETING

90339

The Director of Budget and Management shall prepare a full	90340
zero-based budget for the biennium beginning July 1, 2005, for the	90341
Department of Youth Services. The Director shall offer the	90342
Department substantial technical assistance throughout the process	90343
of preparing their zero-based budget. The Department shall prepare	90344
a full zero-based budget in such manner and according to such	90345
schedule as the Director of Budget and Management requires. The	90346
zero-based budget shall, as the Director of Budget and Management	90347
determines, be in addition to or in place of the estimates of	90348
revenue and proposed expenditures that the Department otherwise	90349
would be required to prepare under section 126.02 of the Revised	90350
Code.	90351

OHIO BUILDING AUTHORITY LEASE PAYMENTS

90352

The foregoing appropriation item 470-412, Lease Rental	90353
Payments, in the Department of Youth Services, shall be used for	90354
payments to the Ohio Building Authority for the period from July	90355
1, 2003, to June 30, 2005, pursuant to the primary leases and	90356
agreements for facilities made under Chapter 152. of the Revised	90357
Code, but limited to the aggregate amount of $42,220,100. This	90358
appropriation is the source of funds pledged for bond service	90359
charges on related obligations issued pursuant to Chapter 152. of	90360
the Revised Code.	90361

YOUTH SERVICES BLOCK GRANT

90362

Of the foregoing appropriation item 470-510, Youth Services,	90363
$50,000 in each fiscal year shall be distributed directly to	90364
Lighthouse Youth Services.	90365

EMPLOYEE FOOD SERVICE AND EQUIPMENT

90366

Notwithstanding section 125.14 of the Revised Code, the	90367
foregoing appropriation item 470-609, Employee Food Service, may	90368
be used to purchase any food operational items with funds received	90369
into the fund from reimbursement for state surplus property.	90370

EDUCATION REIMBURSEMENT

90371

The foregoing appropriation item 470-613, Education	90372
Reimbursement, shall be used to fund the operating expenses of	90373
providing educational services to youth supervised by the	90374
Department of Youth Services. Operating expenses include, but are	90375
not limited to, teachers' salaries, maintenance costs, and	90376
educational equipment. This appropriation item shall not be used	90377
for capital expenses.	90378

FEDERAL JUVENILE JUSTICE PROGRAM TRANSFER FROM THE OFFICE OF	90379
CRIMINAL JUSTICE SERVICES TO THE DEPARTMENT OF YOUTH SERVICES	90380

Any business relating to the funds associated with the Office	90381
of Criminal Justice Services' appropriation item 196-602, Criminal	90382
Justice Federal Programs, commenced but not completed by the	90383
Office of Criminal Justice Services or its director shall be	90384
completed by the Department of Youth Services or its director in	90385
the same manner, and with the same effect, as if completed by the	90386
Office of Criminal Justice Services or its director. No	90387
validation, cure, right, privilege, remedy, obligation, or	90388
liability is lost or impaired by reason of the transfer and shall	90389
be administered by the Department of Youth Services.	90390

Any action or proceeding against the Office of Criminal	90391
Justice Services pending on the effective date of this section	90392
shall not be affected by the transfer of responsibility to the	90393
Department of Youth Services, and shall be prosecuted or defended	90394
in the name of the Department of Youth Services or its director.	90395
In all such actions and proceedings, the Department of Youth	90396
Services or its director upon application of the court shall be	90397
substituted as party.	90398

Section 112. EXPENDITURES AND APPROPRIATION INCREASES	90399
APPROVED BY THE CONTROLLING BOARD	90400

Any money that the Controlling Board approves for expenditure	90401
or any increase in appropriation authority that the Controlling	90402
Board approves pursuant to the provisions of sections 127.14,	90403
131.35, and 131.39 of the Revised Code or any other provision of	90404
law is appropriated for the period ending June 30, 2005.	90405

Section 113. PERSONAL SERVICE EXPENSES

90406

Unless otherwise prohibited by law, any appropriation from	90407
which personal service expenses are paid shall bear the employer's	90408
share of public employees' retirement, workers' compensation,	90409
disabled workers' relief, and all group insurance programs; the	90410
costs of centralized accounting, centralized payroll processing,	90411
and related personnel reports and services; the cost of the Office	90412
of Collective Bargaining; the cost of the Personnel Board of	90413
Review; the cost of the Employee Assistance Program; the cost of	90414
the affirmative action and equal employment opportunity programs	90415
administered by the Department of Administrative Services; the	90416
costs of interagency information management infrastructure; and	90417
the cost of administering the state employee merit system as	90418
required by section 124.07 of the Revised Code. These costs shall	90419
be determined in conformity with appropriate sections of law and	90420
paid in accordance with procedures specified by the Office of	90421
Budget and Management. Expenditures from appropriation item	90422
070-601, Public Audit Expense - Local Government, in Fund 422 may	90423
be exempted from the requirements of this section.	90424

Section 114. REISSUANCE OF VOIDED WARRANTS

90425

In order to provide funds for the reissuance of voided	90426
warrants pursuant to section 117.47 of the Revised Code, there is	90427
appropriated, out of moneys in the state treasury from the fund	90428
credited as provided in section 117.47 of the Revised Code, that	90429
amount sufficient to pay such warrants when approved by the Office	90430
of Budget and Management.	90431

Section 115. * CAPITAL PROJECT SETTLEMENTS

90432

This section specifies an additional and supplemental	90433
procedure to provide for payments of judgments and settlements if	90434
the Director of Budget and Management determines, pursuant to	90435
division (C)(4) of section 2743.19 of the Revised Code, that	90436
sufficient unencumbered moneys do not exist in the particular	90437
appropriation to pay the amount of a final judgment rendered	90438
against the state or a state agency, including the settlement of a	90439
claim approved by a court, in an action upon and arising out of a	90440
contractual obligation for the construction or improvement of a	90441
capital facility if the costs under the contract were payable in	90442
whole or in part from a state capital projects appropriation. In	90443
such a case, the director may either proceed pursuant to division	90444
(C)(4) of section 2743.19 of the Revised Code, or apply to the	90445
Controlling Board to increase an appropriation or create an	90446
appropriation out of any unencumbered moneys in the state treasury	90447
to the credit of the capital projects fund from which the initial	90448
state appropriation was made. The Controlling Board may approve or	90449
disapprove the application as submitted or modified. The amount of	90450
an increase in appropriation or new appropriation specified in an	90451
application approved by the Controlling Board is hereby	90452
appropriated from the applicable capital projects fund and made	90453
available for the payment of the judgment or settlement.	90454

If the director does not make the application authorized by	90455
this section or the Controlling Board disapproves the application,	90456
and the director does not make application pursuant to division	90457
(C)(4) of section 2743.19 of the Revised Code, the director shall	90458
for the purpose of making that payment make a request to the	90459
General Assembly as provided for in division (C)(5) of that	90460
section.	90461

Section 116. INCOME TAX DISTRIBUTION TO COUNTIES

90462

There are hereby appropriated out of any moneys in the state	90463
treasury to the credit of the General Revenue Fund, which are not	90464
otherwise appropriated, funds sufficient to make any payment	90465
required by division (B)(2) of section 5747.03 of the Revised	90466
Code.	90467

Section 117. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	90468
AGAINST THE STATE	90469

Any appropriation may be used for the purpose of satisfying	90470
judgments or settlements in connection with civil actions against	90471
the state in federal court not barred by sovereign immunity or the	90472
Eleventh Amendment to the Constitution of the United States, or	90473
for the purpose of satisfying judgments, settlements, or	90474
administrative awards ordered or approved by the Court of Claims	90475
in connection with civil actions against the state, pursuant to	90476
section 2743.15, 2743.19, or 2743.191 of the Revised Code. This	90477
authorization does not apply to appropriations to be applied to or	90478
used for payment of guarantees by or on behalf of the state, for	90479
or relating to lease payments or debt service on bonds, notes, or	90480
similar obligations and those from the Sports Facilities Building	90481
Fund (Fund 024), the Highway Safety Building Fund (Fund 025), the	90482
Administrative Building Fund (Fund 026), the Adult Correctional	90483
Building Fund (Fund 027), the Juvenile Correctional Building Fund	90484
(Fund 028), the Transportation Building Fund (Fund 029), the Arts	90485
Facilities Building Fund (Fund 030), the Natural Resources	90486
Projects Fund (Fund 031), the School Building Program Assistance	90487
Fund (Fund 032), the Mental Health Facilities Improvement Fund	90488
(Fund 033), the Higher Education Improvement Fund (Fund 034), the	90489
Parks and Recreation Improvement Fund (Fund 035), the State	90490
Capital Improvements Fund (Fund 038), the Highway Obligation Fund	90491
(Fund 041), the Coal Research/Development Fund (Fund 046), and any	90492
other fund into which proceeds of obligations are deposited.	90493
Nothing contained in this section is intended to subject the state	90494
to suit in any forum in which it is not otherwise subject to suit,	90495
nor is it intended to waive or compromise any defense or right	90496
available to the state in any suit against it.	90497

Section 118. * UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

90498

The maximum amounts that may be assessed against nuclear	90499
electric utilities in accordance with division (B)(2) of section	90500
4937.05 of the Revised Code are as follows:	90501

Section 119. UNCLAIMED FUNDS TRANSFER

90511

Notwithstanding division (A) of section 169.05 of the Revised	90512
Code, prior to June 30, 2004, upon the request of the Director of	90513
Budget and Management, the Director of Commerce shall transfer to	90514
the General Revenue Fund up to $25,000,000 of the unclaimed funds	90515
that have been reported by the holder of unclaimed funds as	90516
provided by section 169.05 of the Revised Code, irrespective of	90517
the allocation of the unclaimed funds under that section.	90518

Section 120. GRF TRANSFER TO FUND 5N4, OAKS PROJECT	90519
IMPLEMENTATION	90520

On July 1, 2003, or as soon thereafter as possible, the	90521
Director of Budget and Management shall transfer up to $1,250,000	90522
in cash from the General Revenue Fund to Fund 5N4, OAKS Project	90523
Implementation. On July 1, 2004, or as soon thereafter as	90524
possible, the Director of Budget and Management shall transfer up	90525
to $1,250,000 in cash from the General Revenue Fund to Fund 5N4,	90526
OAKS Project Implementation.	90527

Section 120a. FUND 4K9 TRANSFER TO GRF

90528

On July 31, 2003, or as soon thereafter as possible, the	90529
Director of Budget and Management shall transfer $2,000,000 in	90530
cash from Fund 4K9, Occupational Licensing and Regulatory Fund, to	90531
the General Revenue Fund.	90532

Section 121. CORPORATE AND UCC FILING FUND TRANSFER TO GRF

90533

Not later than the first day of June in each year of the	90534
biennium, the Director of Budget and Management shall transfer	90535
$1,000,000 from the Corporate and Uniform Commercial Code Filing	90536
Fund to the General Revenue Fund.	90537

Section 122. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

90538

Certain appropriations are in this act for the purpose of	90539
paying debt service and financing costs on general obligation	90540
bonds or notes of the state issued pursuant to the Ohio	90541
Constitution and acts of the General Assembly. If it is determined	90542
that additional appropriations are necessary for this purpose,	90543
such amounts are appropriated.	90544

Section 123.  LEASE PAYMENTS TO OPFC, OBA, AND TREASURER OF	90545
STATE	90546

Certain appropriations are in this act for the purpose of	90547
making lease payments pursuant to leases and agreements relating	90548
to bonds or notes issued by the Ohio Building Authority or the	90549
Treasurer of State or, previously, by the Ohio Public Facilities	90550
Commission, pursuant to the Ohio Constitution and acts of the	90551
General Assembly. If it is determined that additional	90552
appropriations are necessary for this purpose, such amounts are	90553
appropriated.	90554

Section 124. AUTHORIZATION FOR TREASURER OF STATE AND OBM TO	90555
EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	90556

The Office of Budget and Management shall initiate and	90557
process disbursements from general obligation and lease rental	90558
payment appropriation items during the period from July 1, 2003,	90559
to June 30, 2005, relating to bonds or notes issued under Sections	90560
2i, 2k, 2l, 2m, 2n, 2o, and 15 of Article VIII, Ohio Constitution,	90561
and Chapters 151., 154., and 3318. of the Revised Code.	90562
Disbursements shall be made upon certification by the Treasurer of	90563
State of the dates and amounts due on those dates.	90564

Section 125.  STATE AND LOCAL REBATE AUTHORIZATION

90565

There is hereby appropriated, from those funds designated by	90566
or pursuant to the applicable proceedings authorizing the issuance	90567
of state obligations, amounts computed at the time to represent	90568
the portion of investment income to be rebated or amounts in lieu	90569
of or in addition to any rebate amount to be paid to the federal	90570
government in order to maintain the exclusion from gross income	90571
for federal income tax purposes of interest on those state	90572
obligations pursuant to section 148(f) of the Internal Revenue	90573
Code.	90574

Rebate payments shall be approved and vouchered by the Office	90575
of Budget and Management.	90576

Section 126.  APPROPRIATIONS RELATED TO CASH TRANSFERS AND	90577
REESTABLISHMENT OF ENCUMBRANCES	90578

Any cash transferred by the Director of Budget and Management	90579
as provided by section 126.15 of the Revised Code is appropriated.	90580
Any amounts necessary to reestablish appropriations or	90581
encumbrances as provided in section 126.15 of the Revised Code are	90582
appropriated.	90583

Section 127.  FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

90584

Pursuant to the plan for compliance with the Federal Cash	90585
Management Improvement Act required by section 131.36 of the	90586
Revised Code, the Director of Budget and Management is authorized	90587
to cancel and reestablish all or parts of encumbrances in like	90588
amounts within the funds identified by the plan. The amounts	90589
necessary to reestablish all or parts of encumbrances are	90590
appropriated.	90591

Section 128. STATEWIDE INDIRECT COST RECOVERY

90592

Whenever the Director of Budget and Management determines	90593
that an appropriation made to a state agency from a fund of the	90594
state is insufficient to provide for the recovery of statewide	90595
indirect costs pursuant to section 126.12 of the Revised Code, the	90596
amount required for such purpose is appropriated from the	90597
available receipts of such fund.	90598

Section 129.  GRF TRANSFERS ON BEHALF OF THE STATEWIDE	90599
INDIRECT COST ALLOCATION PLAN	90600

The total transfers made from the General Revenue Fund by the	90601
Director of Budget and Management pursuant to this section shall	90602
not exceed the amounts transferred into the General Revenue Fund	90603
pursuant to division (B) of section 126.12 of the Revised Code.	90604

A director of an agency may certify to the Director of Budget	90605
and Management the amount of expenses not allowed to be included	90606
in the Statewide Indirect Cost Allocation plan pursuant to federal	90607
regulations, from any fund included in the Statewide Indirect Cost	90608
Allocation plan, prepared as required by section 126.12 of the	90609
Revised Code.	90610

Upon determining that no alternative source of funding is	90611
available to pay for such expenses, the Director of Budget and	90612
Management may transfer from the General Revenue Fund into the	90613
fund for which the certification is made, up to the amount of the	90614
certification. The director of the agency receiving such funds	90615
shall include, as part of the next budget submission prepared	90616
pursuant to section 126.02 of the Revised Code, a request for	90617
funding for such activities from an alternative source such that	90618
further federal disallowances would not be required.	90619

Section 130.  REAPPROPRIATION OF UNEXPENDED ENCUMBERED	90620
BALANCES OF OPERATING APPROPRIATIONS	90621

An unexpended balance of an operating appropriation or	90622
reappropriation that a state agency lawfully encumbered prior to	90623
the close of a fiscal year is reappropriated on the first day of	90624
July of the following fiscal year from the fund from which it was	90625
originally appropriated or reappropriated for the following period	90626
and shall remain available only for the purpose of discharging the	90627
encumbrance:	90628

(A) For an encumbrance for personal services, maintenance,	90629
equipment, or items for resale, other than an encumbrance for an	90630
item of special order manufacture not available on term contract	90631
or in the open market or for reclamation of land or oil and gas	90632
wells for a period of not more than five months from the end of	90633
the fiscal year;	90634

(B) For an encumbrance for an item of special order	90635
manufacture not available on term contract or in the open market,	90636
for a period of not more than five months from the end of the	90637
fiscal year or, with the written approval of the Director of	90638
Budget and Management, for a period of not more than twelve months	90639
from the end of the fiscal year;	90640

(C) For an encumbrance for reclamation of land or oil and gas	90641
wells, for a period ending when the encumbered appropriation is	90642
expended or for a period of two years, whichever is less;	90643

(D) For an encumbrance for any other expense, for such period	90644
as the director approves, provided such period does not exceed two	90645
years.	90646

Any operating appropriations for which unexpended balances	90647
are reappropriated beyond a five-month period from the end of the	90648
fiscal year, pursuant to division (B) of this section, shall be	90649
reported to the Controlling Board by the Director of Budget and	90650
Management by the thirty-first day of December of each year. The	90651
report on each such item shall include the item, the cost of the	90652
item, and the name of the vendor. This report to the board shall	90653
be updated on a quarterly basis for encumbrances remaining open.	90654

Upon the expiration of the reappropriation period set out in	90655
divisions (A), (B), (C), or (D) of this section, a reappropriation	90656
made pursuant to this section lapses, and the Director of Budget	90657
and Management shall cancel the encumbrance of the unexpended	90658
reappropriation not later than the end of the weekend following	90659
the expiration of the reappropriation period.	90660

Notwithstanding the preceding paragraph, with the approval of	90661
the Director of Budget and Management, an unexpended balance of an	90662
encumbrance that was reappropriated on the first day of July	90663
pursuant to this section for a period specified in division (C) or	90664
(D) of this section and that remains encumbered at the close of	90665
the fiscal biennium is hereby reappropriated pursuant to this	90666
section on the first day of July of the following fiscal biennium	90667
from the fund from which it was originally appropriated or	90668
reappropriated for the applicable period specified in division (C)	90669
or (D) of this section and shall remain available only for the	90670
purpose of discharging the encumbrance.	90671

If the Controlling Board approved a purchase, that approval	90672
remains in effect as long as the appropriation used to make that	90673
purchase remains encumbered.	90674

Section 131.  FEDERAL GOVERNMENT INTEREST REQUIREMENTS

90675

Notwithstanding any provision of law to the contrary, on or	90676
before the first day of September of each fiscal year, the	90677
Director of Budget and Management, in order to reduce the payment	90678
of adjustments to the federal government, as determined by the	90679
plan prepared pursuant to division (A) of section 126.12 of the	90680
Revised Code, may designate such funds as the director considers	90681
necessary to retain their own interest earnings.	90682

Section 131.01. That Sections 11 and 11.04 of Am. Sub. H.B.	90683
87 of the 125th General Assembly be amended to read as follows:	90684

Sec. 11.  DOT DEPARTMENT OF TRANSPORTATION

90685

Transportation Planning and Research

90687

Highway Operating Fund Group

90688

Highway Construction

90696

Highway Operating Fund Group

90697

Highway Capital Improvement Fund Group

90707

Highway Maintenance

90717

Highway Operating Fund Group

90718

Public Transportation

90724

Highway Operating Fund Group

90725

Rail Transportation

90733

Highway Operating Fund Group

90734

State Special Revenue Fund Group

90738

Aviation

90744

Highway Operating Fund Group

90745

Administration

90752

State Special Revenue Fund Group

90753

Highway Operating Fund Group

90757

Debt Service

90763

Highway Operating Fund Group

90764

TOTAL Department of Transportation

90770

Sec. 11.04.  PUBLIC ACCESS ROADS FOR STATE FACILITIES

90783

Of the foregoing appropriation item 772-421, Highway	90784
Construction - State, $3,145,500 is to be used each fiscal year	90785
during the 2003-2005 biennium by the Department of Transportation	90786
for the construction, reconstruction, or maintenance of public	90787
access roads, including support features, to and within state	90788
facilities owned or operated by the Department of Natural	90789
Resources, as requested by the Director of Natural Resources.	90790

Notwithstanding section 5511.06 of the Revised Code, of the	90791
foregoing appropriation item 772-421, Highway Construction -	90792
State, $2,228,000 in each fiscal year of the 2003-2005 biennium	90793
shall be used by the Department of Transportation for the	90794
construction, reconstruction, or maintenance of park drives or	90795
park roads within the boundaries of metropolitan parks.	90796

Included in the foregoing appropriation item 772-421, Highway	90797
Construction - State, the department may perform related road work	90798
on behalf of the Ohio Expositions Commission at the state	90799
fairgrounds, including reconstruction or maintenance of public	90800
access roads, including support features, to and within the	90801
facilities as requested by the commission and approved by the	90802
Director of Transportation.	90803

LIQUIDATION OF UNFORESEEN LIABILITIES

90804

Any appropriation made to the Department of Transportation,	90805
Highway Operating Fund, not otherwise restricted by law, is	90806
available to liquidate unforeseen liabilities arising from	90807
contractual agreements of prior years when the prior year	90808
encumbrance is insufficient.	90809

RUMBLE STRIPS AT RAILROAD CROSSINGS

90810

Of the foregoing appropriation item 776-665, Railroad	90811
Crossing Safety Devices, $1,000,000 in fiscal year 2004 shall be	90812
used by the Department of Transportation to fund competitive	90813
grants to political subdivisions for the cost of putting rumble	90814
strips at active railroad crossings without gates or lights. The	90815
maximum amount of a competitive grant is $50,000 for any single	90816
crossing. Each political subdivision with jurisdiction over a	90817
crossing may apply to the Department for a competitive grant for	90818
the costs of putting rumble strips at crossings. Those political	90819
subdivisions awarded grants shall install the rumble strips by	90820
December 1, 2004. Those political subdivisions awarded such grants	90821
shall not use the moneys as matching funds for any other state	90822
rail safety programs.	90823

If rumble strips are not appropriate for a crossing, the	90824
Department may allow the political subdivision which is awarded	90825
the grant to use the funding for a safety device or technology	90826
more appropriate for the crossing.	90827

The Department shall notify each political subdivision with	90828
jurisdiction over a crossing of the requirements of this section	90829
that funding is available for rumble strips at crossings and for	90830
other rail crossing safety improvements. The Department also shall	90831
notify associations representing political subdivisions of the	90832
availability of the funding.	90833

The Department shall spend no more than five per cent of the	90834
appropriation item on Department administrative expenses.	90835

The Department shall issue a report on or before June 30,	90836
2005, describing the activities carried out by the Department to	90837
comply with the provisions of this section. The report shall	90838
include the number of crossings at which rumble strip installation	90839
was completed, the cost of each installation to date, the number	90840
of active crossings without gates or lights that still do not have	90841
rumble strips, and a geographic breakdown of where the crossings	90842
are that have and have not yet received rumble strips.	90843

All appropriations in Fund 4A3, appropriation item 776-665,	90844
Railroad Crossing Safety Devices, remaining unencumbered on June	90845
30, 2004, are hereby reappropriated for the same purpose in fiscal	90846
year 2005. The Department shall report all such appropriations to	90847
the Controlling Board.	90848

Section 131.02. That existing Sections 11 and 11.04 of Am.	90849
Sub. H.B. 87 of the 125th General Assembly are hereby repealed.	90850

Section 131.03.  That Section 13.05 of Am. Sub. H.B. 87 of	90851
the 125th General Assembly be amended to read as follows:	90852

Sec. 13.05.  EMERGENCY MANAGEMENT

90853

Federal Special Revenue Fund Group

90854

General Services Fund Group

90864

State Special Revenue Fund Group

90869

SARA TITLE III HAZMAT PLANNING

90877

The SARA Title III HAZMAT Planning Fund (Fund 681) shall	90878
receive grant funds from the Emergency Response Commission to	90879
implement the Emergency Management Agency's responsibilities under	90880
Chapter 3750. of the Revised Code.	90881

STATE DISASTER RELIEF

90882

The foregoing appropriation item 763-601, State Disaster	90883
Relief, may accept transfers of cash and appropriations from	90884
Controlling Board appropriation items to reimburse eligible local	90885
governments and private nonprofit organizations for costs related	90886
to disasters that have been declared by local governments or the	90887
Governor. The Ohio Emergency Management Agency shall publish and	90888
make available an application packet outlining eligible items and	90889
application procedures for entities requesting state disaster	90890
relief.	90891

Individuals may be eligible for reimbursement of costs	90892
related to disasters that have been declared by the Governor and	90893
the Small Business Administration. The funding in appropriation	90894
item 763-601, State Disaster Relief, shall be used in accordance	90895
with the principles of the federal Individual and Family Grant	90896
Program, which provides grants to households that have been	90897
affected by a disaster to replace basic living items. The Ohio	90898
Emergency Management Agency shall publish and make available an	90899
application procedure for individuals requesting assistance under	90900
the state Individual Assistance Program.	90901

EMA SERVICE AND REIMBURSEMENT FUND

90902

On July 1, 2003, or as soon as possible thereafter, the	90903
Director of Budget and Management shall transfer the cash balances	90904
in the EMA Utility Payment Fund (Fund 4Y0) and the Salvage and	90905
Exchange-EMA Fund (Fund 4Y1) to the EMA Service and Reimbursement	90906
Fund (Fund 4V3), created in section 5502.39 of the Revised Code.	90907
Upon the completion of the transfer, notwithstanding any other	90908
provision of law to the contrary, the EMA Utility Payment Fund	90909
(Fund 4Y0) and the Salvage and Exchange-EMA Fund (Fund 4Y1) are	90910
abolished. The director shall cancel any existing encumbrances	90911
against appropriation items 763-654, EMA Utility Payment, and	90912
763-655, Salvage and Exchange-EMA, and reestablish them against	90913
appropriation item 763-662, EMA Service and Reimbursement. The	90914
amounts of the reestablished encumbrances are hereby appropriated.	90915

Section 131.04.  That existing Section 13.05 of Am. Sub. H.B.	90916
87 of the 125th General Assembly is hereby repealed.	90917

Section 131.05. That Sections 1.09 and 35.03 of H.B. 675 of	90918
the 124th General Assembly be amended to read as follows:	90919

Sec. 1.09. Sections 1.07 and 1.08 of this actH.B. 675 of the	90920
124th General Assembly take effect JulyJanuary 1, 20032004.	90921

Sec. 35.03. Section 5739.031 of the Revised Code takes effect	90922
July 1, 2003January 1, 2004.	90923

Section 131.06. That existing Sections 1.09 and 35.03 of H.B.	90924
675 of the 124th General Assembly are hereby repealed.	90925

Section 131.07. The amendment by this act of Sections 1.09	90926
and 35.03 of H.B. 675 of the 124th General Assembly provides for	90927
or is essential to the implementation of a tax levy. Therefore,	90928
under Ohio Constitution, Article II, Section 1d, the amendment is	90929
not subject to the referendum and goes into immediate effect when	90930
this act becomes law.	90931

Section 131E.  That Sections 18.03, 18.04, 19.39, and 19.52	90932
of H.B. 675 of the 124th General Assembly be amended to read as	90933
follows:	90934

Appropriations

Sec. 18.03.  DMH DEPARTMENT OF MENTAL HEALTH

90935

COMMUNITY ASSISTANCE PROJECTS

90940

Of the foregoing appropriation item CAP-479, Community	90941
Assistance Projects, $500,000 shall be used for the Achievement	90942
Centers for Children in Cuyahoga County$250,000 shall be used for	90943
the Berea Children's Home.	90944

Sec. 18.04.  DMR DEPARTMENT OF MENTAL RETARDATION AND	90945
DEVELOPMENTAL DISABILITIES	90946

Appropriations

STATEWIDE AND CENTRAL OFFICE PROJECTS

90947

COMMUNITY ASSISTANCE PROJECTS

90954

The foregoing appropriation item CAP-480, Community	90955
Assistance Projects, may be used to provide community assistance	90956
funds for the development, purchase, construction, or renovation	90957
of facilities for day programs or residential programs that	90958
provide services to persons eligible for services from the	90959
Department of Mental Retardation and Developmental Disabilities or	90960
county boards of mental retardation and developmental	90961
disabilities. Any funds provided to nonprofit agencies for the	90962
construction or renovation of facilities for persons eligible for	90963
services from the Department of Mental Retardation and	90964
Developmental Disabilities and county boards of mental retardation	90965
and developmental disabilities shall be governed by the prevailing	90966
wage provisions in section 176.05 of the Revised Code.	90967

Of the foregoing appropriation item CAP-480, Community	90968
Assistance Projects, $150,000 shall be used for the Fostoria Area	90969
Community Childhood and Family Center; $250,000 shall be used for	90970
the Berea Children's Home; and $1,000,000 shall be used for the	90971
Bellefaire Jewish Children's Bureau; and $500,000 shall be used	90972
for the Achievement Centers for Children in Cuyahoga County.	90973

Appropriations

Sec. 19.39.  BTC BELMONT TECHNICALCOMMUNITY COLLEGE

90974

Sec. 19.52.  The requirements of Chapters 123. and 153. of	90978
the Revised Code, with respect to the powers and duties of the	90979
Director of Administrative Services, and the requirements of	90980
section 127.16 of the Revised Code, with respect to the	90981
Controlling Board, shall not apply to projects of community	90982
college districts, which include Belmont Community College,	90983
Cuyahoga Community College, Jefferson Community College, Lakeland	90984
Community College, Lorain County Community College, Rio Grande	90985
Community College, and Sinclair Community College; and technical	90986
college districts which include Belmont Technical College, Central	90987
Ohio Technical College, Hocking Technical College, Lima Technical	90988
College, Marion Technical College, Muskingum Area Technical	90989
College, North Central Technical College, and Stark Technical	90990
College.	90991

Section 131F.  That existing Sections 18.03, 18.04, 19.39,	90992
and 19.52 of H.B. 675 of the 124th General Assembly are hereby	90993
repealed.	90994

Section 131G. That Section 3 of Am. Sub. S.B. 143 of the	90995
124th General Assembly be amended to read as follows:	90996

Sec. 3. Sections 5739.021, 5739.023, 5739.026, 5739.03,	90997
5739.031, 5739.033, 5739.12, 5741.02, and 5741.12, and division	90998
(I)(7) of section 5741.01 of the Revised Code, as amended by this	90999
actAm. Sub. S.B. 143 of the 124th General Assembly, and sections	91000
306.73, 5703.65, 5739.04, 5739.06, 5741.05, and 5741.08 of the	91001
Revised Code, as enacted by this actAm. Sub. S.B. 143 of the	91002
124th General Assembly, shall take effect July 1, 2003. Sections	91003
5739.021, 5739.023, 5739.026, 5739.031, and 5739.033 of the	91004
Revised Code, as amended by Am. Sub. S.B. 143 of the 124th General	91005
Assembly, shall take effect January 1, 2004.	91006

Section 131H. That existing Section 3 of Am. Sub. S.B. 143 of	91007
the 124th General Assembly is hereby repealed.	91008

Section 131I. The amendment by this act of Section 3 of Am.	91009
Sub. S.B. 143 of the 124th General Assembly provides for or is	91010
essential to the implementation of a tax levy. Therefore, under	91011
Ohio Constitution, Article II, Section 1d, the amendment is not	91012
subject to the referendum and goes into immediate effect when this	91013
act becomes law.	91014

Section 131J. The amendments to sections 5739.021, 5739.023,	91015
and 5739.026 of the Revised Code by Am. Sub. S.B. 143 of the 124th	91016
General Assembly apply to levies proposed by a resolution adopted	91017
on or after January 1, 2004, and do not apply to levies proposed	91018
by a resolution adopted before that date.	91019

Section 131K. Sections 131G, 131H, 131I, and 131J of this act	91020
intend to delay the scheduled July 1, 2003, effective date of	91021
sections 5739.021, 5739.023, 5739.026, 5739.031, and 5739.033 of	91022
the Revised Code until January 1, 2004.	91023

Section 132.01.  That Sections 10 and 14 of Am. Sub. S.B. 242	91024
of the 124th General Assembly be amended to read as follows:	91025

Sec. 10. NET SCHOOLNET COMMISSION

91026

Tobacco Master Settlement Agreement Fund Group

91027

EDUCATION TECHNOLOGY TRUST FUND

91033

The foregoing appropriation item 228-602, Education	91034
Technology Trust Fund, shall be used by the SchoolNet Commission	91035
for grants to school districts and other entities and for the	91036
costs of administering these grants. Of the total amount for	91037
grants, $1,917,293 in fiscal year 2003 shall be used for the Ohio	91038
ONEnet project, $909,247 in fiscal year 2003 shall be used for the	91039
INFOhio Network, $298,750 in fiscal year 2003 shall be used for	91040
the JASON Project, $1,000,000 in fiscal year 2003 shall be used	91041
for RISE Learning Solutions, and $200,000 in fiscal year 2003	91042
shall be used for the Stark County School Teacher Technical	91043
Training Center. The remaining amount for grants shall be made to	91044
school districts.	91045

The JASON Project shall provide funding for statewide access	91046
and a seventy-five per cent subsidy for statewide licensing of	91047
JASON content for 90,000 middle school students statewide, and	91048
professional development for teachers participating in the JASON	91049
Project.	91050

It is the intent of the General Assembly that the SchoolNet	91051
Commission, in conjunction with RISE Learning Solutions, shall	91052
develop a program that may be conducted in conjunction with	91053
state-supported technology programs, including, but not limited	91054
to, SchoolNet Commission appropriation item 228-406, Technical and	91055
Instructional Professional Development, and appropriation item	91056
228-539, Education Technology, and that shall be designed to	91057
educate preschool staff members and providers on developmentally	91058
appropriate teaching methods, behavior guidance, and literacy and	91059
to involve parents more closely in the education and development	91060
of their children. The program shall include an interactive	91061
instructional component, delivered using satellite television,	91062
Internet, and with facilitation, and shall be distributed to	91063
program participants using the established satellite receiver	91064
dishes on public schools, Head Start centers, and childcare	91065
centers at up to 100 locations throughout the state. The	91066
interactive instructional component of the program shall be	91067
developed to enhance the professional development, training, and	91068
performance of preschool staff members, the education and	91069
care-giving skills of the parents of preschool children, and the	91070
preparation of preschool-age children for learning.	91071

The program shall utilize the grant to continue a	91072
direct-service component that shall include at least three	91073
teleconferences that may be distributed by Ohio-based public	91074
television utilizing satellite or microwave technology in a manner	91075
designed to promote interactive communications between the program	91076
participants located at subsites within the Ohio Educational	91077
Broadcast Network or as determined by the commission. Program	91078
participants shall communicate with trainers and participants at	91079
other program sites through telecommunications and facsimile and	91080
on-line computer technology. As much as possible, the	91081
direct-service component shall utilize systems currently available	91082
in state-supported technology programs and conduct the component	91083
in a manner that promotes innovative, interactive communications	91084
between program participants at all the sites. Parent support	91085
groups and teacher training sessions shall supplement the	91086
teleconferences and shall occur on a local basis.	91087

RISE Learning Solutions may subcontract components of the	91088
program.	91089

Individuals eligible to participate in the program include	91090
those children, their parents, custodians, or guardians, and	91091
preschool staff members who are eligible to participate in a	91092
preschool program as defined in division (A) of section 3301.52	91093
and section 5104.02 of the Revised Code.	91094

The components of the program, including two that shall be	91095
developed in support of teacher proficiency in teaching reading to	91096
prekindergarten and kindergarten to third grade students, at the	91097
direction of the Department of Education, may include: two	91098
three-hour broadcast seminars from a central up-link station,	91099
distributed in up to 88 counties; high production-value video	91100
sought in various locations; and direct interactive adult learning	91101
activities. These two components shall include development of	91102
workbooks and involve at least three small, group-facilitated	91103
follow-up discussion workshops and development and distribution of	91104
at least two home videos. The program shall also provide Internet	91105
access, interactive lines, bulletin board, and CD-ROM.	91106

Upon completion of each of the school years for which the	91107
grant was made, RISE Learning Solutions shall issue a report to	91108
the commission and members of the General Assembly explaining the	91109
goals and objectives determined, the activities implemented, the	91110
progress made toward the achievement of the goals and objectives,	91111
and the outcome of the program.	91112

The commission shall use the remaining appropriation	91113
authority in fiscal year 2003 and appropriation authority granted	91114
in fiscal year 2004 to establish and equip, through the SchoolNet	91115
Plus Program, at least one interactive computer station for each	91116
five children enrolled in the sixth grade as determined by a	91117
three-year average adjusted per pupil property valuation pursuant	91118
to division (A) of section 3317.03 of the Revised Code. Districts	91119
in the first two quartiles of wealth shall receive up to $380 per	91120
pupil for students in grade six to purchase classroom computers	91121
for the sixth grade. Districts in the third and fourth quartile	91122
shall receive approximatelyup to $188 per sixth grade pupil. If a	91123
district has met the state's goal of one computer to every five	91124
students, the district may use funds provided through the	91125
SchoolNet Plus Program to purchase computers for grade seven or to	91126
fulfill educational technology needs on other grades as specified	91127
in the district's technology plan. When there is at least one	91128
computer for each five children enrolled in the sixth grade,	91129
SchoolNet shall use any remaining funds appropriated to establish	91130
and equip at least one interactive computer workstation for each	91131
five children enrolled in the seventh grade as determined by the	91132
previously defined formula.	91133

Sec. 14.  All items set forth in this section are hereby	91134
appropriated out of any moneys in the state treasury to the credit	91135
of the Education Facilities Trust Fund (Fund N87) that are not	91136
otherwise appropriated.	91137

Appropriations

SFC SCHOOL FACILITIES COMMISSION

91138

Section 132.02.  That existing Sections 10 and 14 of Am. Sub.	91143
S.B. 242 of the 124th General Assembly is hereby repealed.	91144

Section 132.02A. That Section 24.43 of Am. Sub. H.B. 524 of	91145
the 124th General Assembly be amended to read as follows:	91146

Reappropriations

Sec. 24.43. BTC BELMONT TECHNICALCOMMUNITY COLLEGE

91147

Section 132.02B. That existing Section 24.43 of Am. Sub. H.B.	91153
524 of the 124th General Assembly is hereby repealed.	91154

Section 132.03.  That Section 3 of Am. Sub. H.B. 215 of the	91155
122nd General Assembly, as most recently amended by Am. Sub. H.B.	91156
94 of the 124th General Assembly, be amended to read as follows:	91157

Sec. 3.  Section 1751.68 of the Revised Code is hereby	91158
repealed, effective October 16, 20032005.	91159

Section 132.04.  That existing Section 3 of Am. Sub. H.B. 215	91160
of the 122nd General Assembly, as most recently amended by Am.	91161
Sub. H.B. 94 of the 124th General Assembly, is hereby repealed.	91162

Section 132.05. * That Section 3 of Am. Sub. H.B. 621 of the	91163
122nd General Assembly, as most recently amended by Am. Sub. H.B.	91164
94 of the 124th General Assembly, be amended to read as follows:	91165

Sec. 3.  That sections 166.031, 901.80, 901.81, 901.82, and	91166
901.83 of the Revised Code are hereby repealed, effective July 1,	91167
2003October 15, 2005.	91168

Section 132.06. * That existing Section 3 of Am. Sub. H.B.	91169
621 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 132.07.  That Section 153 of Am. Sub. H.B. 117 of the	91172
121st 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. 153.  (A) Sections 5112.01, 5112.03, 5112.04, 5112.05,	91175
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18,	91176
5112.19, 5112.21, and 5112.99 of the Revised Code are hereby	91177
repealed, effective October 16, 20032005.	91178

(B) Any money remaining in the Legislative Budget Services	91179
Fund on October 16, 20032005, the date that section 5112.19 of	91180
the Revised Code is repealed by division (A) of this section,	91181
shall be used solely for the purposes stated in then former	91182
section 5112.19 of the Revised Code. When all money in the	91183
Legislative Budget Services Fund has been spent after then former	91184
section 5112.19 of the Revised Code is repealed under division (A)	91185
of this section, the fund shall cease to exist.	91186

Section 132.08.  That existing Section 153 of Am. Sub. H.B.	91187
117 of the 121st General Assembly, as most recently amended by Am.	91188
Sub. H.B. 94 of the 124th General Assembly, is hereby repealed.	91189

Section 132.09. * That Section 27 of Sub. H.B. 670 of the	91190
121st General Assembly, as amended by Sub. H.B. 548 of the 123rd	91191
General Assembly, be amended to read as follows:	91192

Sec. 27.  The following agencies shall be retained pursuant	91193
to division (D) of section 101.83 of the Revised Code and shall	91194
expire on December 31, 2004:	91195

Section 132.10. * That existing Section 27 of Sub. H.B. 670	91336
of the 121st General Assembly, as amended by Sub. H.B. 548 of the	91337
123rd General Assembly, is hereby repealed.	91338

Section 132.11. That Section 5 of Am. Sub. S.B. 50 of the	91339
121st General Assembly, as most recently amended by Am. Sub. H.B.	91340
94 of the 124th General Assembly, be amended to read as follows:	91341

Sec. 5.  Sections 3 and 4 of Am. Sub. S.B. 50 of the 121st	91342
General Assembly shall take effect July 1, 20032005.	91343

Section 132.12.  That existing Section 5 of Am. Sub. S.B. 50	91344
of the 121st General Assembly, as most recently amended by Am.	91345
Sub. H.B. 94 of the 124th General Assembly, is hereby repealed.	91346

Section 132.12A. Section 63.37 of Am. Sub. H.B. 94 of the	91347
124th General Assembly, as amended by Am. Sub. H.B. 299 of the	91348
124th General Assembly and Am. Sub. S.B. 261 of the 124th General	91349
Assembly, is hereby repealed.	91350

Section 132.12B. That Section 2 of Am. Sub. H.B. 71 of the	91351
120th General Assembly be amended to read as follows:	91352

Sec. 2. Sections 1742.42, 3901.49, and 3901.50 of the Revised	91353
Code are hereby repealed, effective ten years after the effective	91354
date of this actFebruary 9, 2014. The repeal of these sections	91355
shall apply only to contracts and policies that are delivered,	91356
issued for delivery, or renewed in this state on or after that	91357
date, and to plans of self-insurance that are established or	91358
modified in this state on or after that date.	91359

Section 132.12C. That existing Section 2 of Am. Sub. H.B. 71	91360
of the 120th General Assembly is hereby repealed.	91361

Section 132.12D. That Section 6 of Am. Sub. S.B. 67 of the	91362
122nd General Assembly be amended to read as follows:	91363

Sec. 6. Section 1751.64 of the Revised Code is hereby	91364
repealed, effective February 9, 20042014. The repeal of that	91365
section shall apply only to contracts that are delivered, issued	91366
for delivery, or renewed in this state on or after that date.	91367

Section 132.12E. That existing Section 6 of Am. Sub. S.B. 67	91368
of the 122nd General Assembly is hereby repealed.	91369

Section 132.14. Section 129 of Am. Sub. H.B. 283 of the 123rd	91370
General Assembly as amended by Am. Sub. H.B. 94 of the 124th	91371
General Assembly is hereby repealed.	91372

Section 132.14B. Section 16 of Am. Sub. H.B. 87 of the 125th	91373
General Assembly is hereby repealed.	91374

Section 132.14C. * (A) Section 3 of Am. Sub. S.B. 272 of the	91375
123rd General Assembly, as amended by Am. Sub. H.B. 768 of the	91376
123rd General Assembly, is hereby repealed.	91377

(B) Notwithstanding the repeal of Section 3 of Am. Sub. S.B.	91378
272 of the 123rd General Assembly, as subsequently amended,	91379
prescribed in division (A) of this section, a school district that	91380
is participating in the School Building Assistance Expedited Local	91381
Partnership Program under section 3318.36 of the Revised Code may	91382
apply as local resources under that program those expenditures	91383
described in Section 3 of Am. Sub. S.B. 272 of the 123rd General	91384
Assembly, as subsequently amended, if, and only if, all the	91385
following conditions are satisfied:	91386

(1) The school district's project was conditionally approved	91387
by the Ohio School Facilities Commission and subsequently approved	91388
by the Controlling Board under division (D)(1) of section 3318.36	91389
of the Revised Code not later than one hundred eighty days after	91390
the effective date of this section.	91391

(2) The school district board of education and the Commission	91392
entered into an agreement under section 3318.36 of the Revised	91393
Code, not later than one hundred eighty days after the effective	91394
date of this section, for the district to acquire the discrete	91395
part of the project under the Expedited Local Partnership Program,	91396
as identified by the school district board under division (D)(1)	91397
of section 3318.36 of the Revised Code.	91398

Section 132.16. That Section 11 of Am. Sub. S.B. 50 of the	91399
121st General Assembly, as amended by Am. Sub. H.B. 405 of the	91400
124th General Assembly, is hereby repealed.	91401

Section 132.17. That Section 3 of Am. Sub. S.B. 238 of the	91402
123rd General Assembly is hereby repealed. The intent of this	91403
repeal is to remove the limitation upon the continued existence of	91404
sections 4779.01 to 4779.13, 4779.15 to 4779.33, and 4779.99 of	91405
the Revised Code. This intent is not affected by the rule of	91406
statutory interpretation contained in section 1.57 of the Revised	91407
Code.	91408

Section 132.18.  That Section 72 of Am. Sub. H.B. 850 of the	91409
122nd General Assembly is hereby repealed.	91410

Section 133. TRANSFERS FROM THE TOBACCO MASTER SETTLEMENT	91411
AGREEMENT FUND TO THE GENERAL REVENUE FUND	91412

Notwithstanding section 183.02 of the Revised Code, on or	91413
before June 30, 2004, the Director of Budget and Management may	91414
transfer up to $242,800,000 to the General Revenue Fund from the	91415
Tobacco Master Settlement Agreement Fund (Fund 087), as provided	91416
in divisions (A) and (B) of this section:	91417

(A) Up to $120,000,000 of the revenue that otherwise would be	91418
transferred from the Tobacco Master Settlement Agreement Fund to	91419
the Tobacco Use Prevention and Cessation Trust Fund (Fund H87)	91420
shall instead be transferred to the General Revenue Fund. Of the	91421
tobacco revenue that is credited to the Tobacco Master Settlement	91422
Agreement Fund in fiscal year 2004, the share that is determined	91423
pursuant to section 183.02 of the Revised Code to be the amount to	91424
be transferred by the Director of Budget and Management from the	91425
Tobacco Master Settlement Agreement Fund to the Tobacco Use	91426
Prevention and Cessation Trust Fund shall be reduced by the amount	91427
that is transferred from the Tobacco Master Settlement Agreement	91428
Fund to the General Revenue Fund in accordance with this division.	91429

(B) Up to $122,800,000 of the revenue that otherwise would be	91430
transferred form the Tobacco Master Settlement Agreement Fund to	91431
the Education Facilities Trust Fund (Fund N87) shall instead be	91432
transferred to the General Revenue Fund. Of the tobacco revenue	91433
that is credited to the Tobacco Master Settlement Agreement Fund	91434
in fiscal year 2004, the share that is determined pursuant to	91435
section 183.02 of the Revised Code to be the amount to be	91436
transferred by the Director of Budget and Management from the	91437
Tobacco Master Settlement Agreement Fund to the Education	91438
Facilities Trust Fund shall be reduced by the amount that is	91439
transferred from the Tobacco Master Settlement Agreement Fund to	91440
the General Revenue Fund in accordance with this division.	91441

Section 134. TEMPORARY ADJUSTMENT TO LOCAL GOVERNMENT	91442
DISTRIBUTIONS	91443

(A) On or before the seventh day of each month of the period	91444
July 2003 through June 2005, the Tax Commissioner shall determine	91445
and certify to the Director of Budget and Management the amount to	91446
be credited, by tax, during that month to the Local Government	91447
Fund, to the Library and Local Government Support Fund, and to the	91448
Local Government Revenue Assistance Fund, respectively, pursuant	91449
to divisions (B), (C), and (D) of this section.	91450

(B) Notwithstanding section 5727.84 of the Revised Code to	91451
the contrary, for the period July 1, 2003, through June 30, 2005,	91452
no amounts shall be credited to the Local Government Fund or to	91453
the Local Government Revenue Assistance Fund from the kilowatt	91454
hour tax, and such amounts that would have otherwise been required	91455
to be credited to such funds shall instead be credited to the	91456
General Revenue Fund. Notwithstanding sections 5727.45, 5733.12,	91457
5739.21, 5741.03, and 5747.03 of the Revised Code to the contrary,	91458
for each month in the period July 1, 2003, through June 30, 2005,	91459
from the public utility excise, corporate franchise, sales, use,	91460
and personal income taxes collected;	91461

(1) An amount shall first be credited to the Local Government	91462
Fund that equals the amount credited to that fund from that tax	91463
according to the schedule in division (C) of this section.	91464

(2) An amount shall next be credited to the Local Government	91465
Revenue Assistance Fund that equals the amount credited to that	91466
fund from that tax according to the schedule in division (C) of	91467
this section.	91468

(3) An amount shall next be credited to the Library and Local	91469
Government Support Fund that equals the amount credited to that	91470
fund from that tax according to the schedule in division (C) of	91471
this section. For purposes of determining the amount to be	91472
credited to the Library and Local Government Support Fund in each	91473
month of fiscal year 2004 pursuant to division (C) of this	91474
section, the amount credited in fiscal year 2003 shall be before	91475
the transfer made from the Library and Local Government Support	91476
Fund to the OPLIN Technology Fund under Section 70 of Am. Sub.	91477
H.B. 94 of the 124th General Assembly. For purposes of determining	91478
the amount to be credited to the Library and Local Government	91479
Support Fund in each month of fiscal year 2005 pursuant to	91480
division (C) of this section, the amount credited in fiscal year	91481
2004 shall be before any transfer required to be made from the	91482
Library and Local Government Support Fund to the OPLIN Technology	91483
Fund.	91484

(C) The amounts shall be credited from each tax to each	91485
respective fund as follows:	91486

(1) In July 2003, one hundred per cent of the amount credited	91487
in July 2002; in July 2004, one hundred per cent of the amount	91488
credited in July 2003;	91489

(2) In August 2003, one hundred per cent of the amount	91490
credited in August 2002; in August 2004, one hundred per cent of	91491
the amount credited in August 2003;	91492

(3) In September 2003, one hundred per cent of the amount	91493
credited in September 2002; in September 2004, one hundred per	91494
cent of the amount credited in September 2003;	91495

(4) In October 2003, one hundred per cent of the amount	91496
credited in October 2002; in October 2004, one hundred per cent of	91497
the amount credited in October 2003;	91498

(5) In November 2003, one hundred per cent of the amount	91499
credited in November 2002; in November 2004, one hundred per cent	91500
of the amount credited in November 2003;	91501

(6) In December 2003, one hundred per cent of the amount	91502
credited in December 2002; in December 2004, one hundred per cent	91503
of the amount credited in December 2003;	91504

(7) In January 2004, one hundred per cent of the amount	91505
credited in January 2003; in January 2005, one hundred per cent of	91506
the amount credited in January 2004;	91507

(8) In February 2004, one hundred per cent of the amount	91508
credited in February 2003; in February 2005, one hundred per cent	91509
of the amount credited in February 2004;	91510

(9) In March 2004, one hundred per cent of the amount	91511
credited in March 2003; in March 2005, one hundred per cent of the	91512
amount credited in March 2004;	91513

(10) In April 2004, one hundred per cent of the amount	91514
credited in April 2003; in April 2005, one hundred per cent of the	91515
amount credited in April 2004;	91516

(11) In May 2004, one hundred per cent of the amount in	91517
division (C)(11)(a) of this section; in May 2005, one hundred per	91518
cent of the amount in division (C)(11)(b) of this section;	91519

(a) The amount credited in May 2003, less any amount reduced	91520
pursuant to division (D)(4) of Section 140 of Am. Sub. H.B. 94 of	91521
the 124th General Assembly, as amended by Am. Sub. H.B. 405 of the	91522
124th General Assembly and as amended by Am. Sub. H.B. 390 of the	91523
124th General Assembly;	91524

(b) The amount credited in May 2004.

91525

(12) In June 2004, one hundred per cent of the amount in	91526
division (C)(12)(a) of this section, less any reduction required	91527
under division (D)(1) of this section; in June 2005, one hundred	91528
per cent of the amount in division (C)(12)(b) of this section,	91529
less any reduction required under division (D)(2) of this section;	91530

(a) The amount credited in June 2003 before any reduction	91531
made pursuant to division (D)(4) of Section 140 of Am. Sub. H.B.	91532
94 of the 124th General Assembly, as amended by Am. Sub. H.B. 405	91533
of the 124th General Assembly and as amended by Am. Sub. H.B. 390	91534
of the 124th General Assembly;	91535

(b) The amount credited in June 2004.

91536

(D) The Tax Commissioner shall do each of the following:

91537

(1) By June 7, 2004, the commissioner shall subtract the	91538
amount calculated in division (D)(1)(b) of this section from the	91539
amount calculated in division (D)(1)(a) of this section. If the	91540
amount in division (D)(1)(a) of this section is greater than the	91541
amount in division (D)(1)(b) of this section, then such difference	91542
shall be subtracted from the total amount of income tax revenue	91543
credited to the Local Government Fund, the Local Government	91544
Revenue Assistance Fund, and the Library and Local Government	91545
Support Fund in June 2004. An amount shall be subtracted from	91546
income tax revenue credited to the Local Government Fund, the	91547
Local Government Revenue Assistance Fund, or the Library and Local	91548
Government Support Fund only if, and according to the proportion	91549
by which, such fund contributed to the result that the amount in	91550
division (D)(1)(a) of this section exceeds the amount in division	91551
(D)(1)(b) of this section.	91552

(a) The sum of all money credited to the Local Government	91553
Fund, the Local Government Revenue Assistance Fund, and the	91554
Library and Local Government Support Fund from July 2003 through	91555
May 2004;	91556

(b) The sum of all money that would have been credited to the	91557
Local Government Fund, the Local Government Revenue Assistance	91558
Fund, and the Library and Local Government Support Fund from July	91559
2003 through May 2004, if sections 5727.45, 5727.84, 5733.12,	91560
5739.21, 5741.03, and 5747.03 of the Revised Code were in effect	91561
during this period.	91562

(2) By June 7, 2005, the commissioner shall subtract the	91563
amount calculated in division (D)(2)(b) of this section from the	91564
amount calculated in division (D)(2)(a) of this section. If the	91565
amount in division (D)(2)(a) of this section is greater than the	91566
amount in division (D)(2)(b) of this section, then such difference	91567
shall be subtracted from the total amount of income tax revenue	91568
credited to the Local Government Fund, the Local Government	91569
Revenue Assistance Fund, and the Library and Local Government	91570
Support Fund in June 2005. An amount shall be subtracted from	91571
income tax revenue credited to the Local Government Fund, the	91572
Local Government Revenue Assistance Fund, or the Library and Local	91573
Government Support Fund only if, and according to the proportion	91574
by which, such fund contributed to the result that the amount in	91575
division (D)(2)(a) of this section exceeds the amount in division	91576
(D)(2)(b) of this section.	91577

(a) The sum of all money credited to the Local Government	91578
Fund, the Local Government Revenue Assistance Fund, and the	91579
Library and Local Government Support Fund from June 2004 through	91580
May 2005;	91581

(b) The sum of all money that would have been credited to the	91582
Local Government Fund, the Local Government Revenue Assistance	91583
Fund, and the Library and Local Government Support Fund from June	91584
2004 through May 2005, if sections 5727.45, 5727.84, 5733.12,	91585
5739.21, 5741.03, and 5747.03 of the Revised Code were in effect	91586
during this period.	91587

(3) On the advice of the Tax Commissioner, during any month	91588
other than June 2004 or June 2005 of the period July 1, 2003,	91589
through July 31, 2005, the Director of Budget and Management may	91590
reduce the amounts that are to be otherwise credited to the Local	91591
Government Fund, Local Government Revenue Assistance Fund, or	91592
Library and Local Government Support Fund in order to accomplish	91593
more effectively the purposes of the adjustments in divisions	91594
(D)(1) and (2) of this section. If the respective calculations	91595
made in June 2004 and June 2005 pursuant to divisions (D)(1) and	91596
(2) of this section indicate that excess reductions had been made	91597
during the previous months, such excess amounts shall be credited,	91598
as appropriate, to the Local Government Fund, Local Government	91599
Revenue Assistance Fund, and Library and Local Government Support	91600
Fund.	91601

(E) Notwithstanding any other provision of law to the	91602
contrary, the total amount credited to each fund in each month	91603
during the period July 2003 through June 2005 shall be distributed	91604
by the tenth day of the immediately succeeding month in the	91605
following manner:	91606

(1) Each county undivided local government fund shall receive	91607
a distribution from the Local Government Fund based on its	91608
proportionate share of the total amount received from the fund in	91609
such respective month for the period July 1, 2002, through June	91610
30, 2003.	91611

(2) Each municipality receiving a direct distribution from	91612
the Local Government Fund shall receive a distribution based on	91613
its proportionate share of the total amount received from the fund	91614
in such respective month for the period July 1, 2002, through June	91615
30, 2003.	91616

(3) Each county undivided local government revenue assistance	91617
fund shall receive a distribution from the Local Government	91618
Revenue Assistance Fund based on its proportionate share of the	91619
total amount received from the fund in such respective month for	91620
the period July 1, 2002, through June 30, 2003.	91621

(4) Each county undivided library and local government	91622
support fund shall receive a distribution from the Library and	91623
Local Government Support Fund based on its proportionate share of	91624
the total amount received from the fund in such respective month	91625
for the period July 1, 2002, through June 30, 2003.	91626

(F) For the 2003, 2004, and 2005 distribution years, the Tax	91627
Commissioner is not required to issue the certifications otherwise	91628
required by sections 5747.47, 5747.501, 5747.51, and 5747.61 of	91629
the Revised Code, but shall provide to each county auditor by the	91630
twentieth day of July 2003, July 2004, and July 2005 an estimate	91631
of the amounts to be received by the county in the ensuing year	91632
from the Local Government Fund, Local Government Revenue	91633
Assistance Fund, and Library and Local Government Support Fund	91634
pursuant to this section and any pertinent section of the Revised	91635
Code. The Tax Commissioner may choose to report to each county	91636
auditor a revised estimate of the 2003, 2004, or 2005	91637
distributions at any time during the period July 1, 2003, through	91638
July 31, 2005.	91639

(G) If provisions of H.B. 40 of the 125th General Assembly	91640
are enacted that authorize reductions in the amounts credited to	91641
the Local Government Fund, Local Government Revenue Assistance	91642
Fund, and Library and Local Government Support Fund during fiscal	91643
year 2003, the fiscal year 2003 amounts used in determining the	91644
amounts credited to such funds during fiscal year 2004 pursuant to	91645
division (C) of this section shall be before any such reductions.	91646

(H) During the period July 1, 2003, through July 31, 2005,	91647
the Director of Budget and Management shall issue those directives	91648
to state agencies that are necessary to ensure that the	91649
appropriate amounts are distributed to the Local Government Fund,	91650
to the Local Government Revenue Assistance Fund, and to the	91651
Library and Local Government Support Fund.	91652

Section 136. * CAPITAL APPROPRIATION TO SFC

91653

All items set forth in this section are hereby appropriated	91654
out of any moneys in the state treasury to the credit of the	91655
School Building Program Assistance Fund (Fund 032), created under	91656
section 3318.25 of the Revised Code, derived from the proceeds of	91657
obligations heretofore and herein authorized to pay the cost of	91658
facilities for a system of common schools throughout the state for	91659
the period beginning July 1, 2002, and ending June 30, 2004. The	91660
appropriation shall be in addition to any other appropriation for	91661
this purpose.	91662

Appropriations

SFC SCHOOL FACILITIES COMMISSION

91663

* SCHOOL BUILDING PROGRAM ASSISTANCE

91667

The foregoing appropriation item CAP-770, School Building	91668
Program Assistance, shall be used by the School Facilities	91669
Commission to provide funding to school districts that receive	91670
conditional approval from the Commission pursuant to Chapter 3318.	91671
of the Revised Code. Expenditures from appropriations contained in	91672
this section may be accounted for as though made for the fiscal	91673
year 2003-2004 biennium in H.B. 675 of the 124th General Assembly.	91674
The School Facilities Commission shall not disburse any of the	91675
appropriations made in this section until after April 1, 2004.	91676

* BOND ISSUANCE AUTHORITY

91677

The Ohio Public Facilities Commission is hereby authorized to	91678
issue and sell, in accordance with the provisions of Section 2n of	91679
Article VIII, Ohio Constitution, and Chapter 151. and particularly	91680
sections 151.01 and 151.03 of the Revised Code, original	91681
obligations in an aggregate principal amount not to exceed	91682
$123,000,000, in addition to the original issuance of obligations	91683
heretofore authorized by prior acts of the General Assembly. The	91684
authorized obligations shall be issued, subject to applicable	91685
constitutional and statutory limitations, to pay the costs to the	91686
state of previously authorized capital facilities and the capital	91687
facilities authorized in this section for the School Building	91688
Program Assistance Fund pursuant to Chapter 3318. of the Revised	91689
Code.	91690

Section 136A. (A) On the effective date of this section, the	91691
following programs administered by the Ohio School Facilities	91692
Commission are terminated:	91693

(1) The Short-Term Loan Program established by Section 10.01	91694
of Am. Sub. H.B. 282 of the 123rd General Assembly;	91695

(2) The Emergency School Repair Program codified in section	91696
3318.35 of the Revised Code.	91697

No new school district shall be served under any of these	91698
programs. The Commission may continue serving school districts	91699
that were receiving assistance under any of these programs before	91700
the effective date of this section in accordance with terms and	91701
agreements in effect on that date.	91702

(B) On March 31, 2004, the Disability Access Program	91703
established by Section 50.15 of Am. Sub. H.B. 215 of the 122nd	91704
General Assembly, Section 5 of Am. Sub. S.B. 102 of the 122nd	91705
General Assembly, as subsequently amended, Section 10 of Am. Sub.	91706
H.B. 282 of the 123rd General Assembly, as subsequently amended,	91707
Section 102.01 of Am. Sub. H.B. 94 of the 124th General Assembly,	91708
and Section 5 of Am. Sub. H.B. 524 of the 124th General Assembly	91709
is terminated.	91710

No new school district shall be served under this program.	91711
The Commission may continue serving school districts that were	91712
receiving assistance under this program before the effective date	91713
of this section in accordance with terms and agreements in effect	91714
on that date.	91715

On April 1, 2004, or as soon as possible thereafter, the	91716
Director of Budget and Management shall transfer the unencumbered	91717
and unallotted balance in appropriation item CAP-777, Disability	91718
Access Projects, to appropriation item CAP-662, Public School	91719
Buildings. The amount transferred from CAP-777, Disability Access	91720
Projects, shall be used to fund classroom facilities projects in	91721
accordance with Chapter 3318. of the Revised Code.	91722

Section 137C. OFFICE OF QUALITY SERVICES FUND TRANSFERS

91723

Notwithstanding any other provision of law to the contrary,	91724
the Director of Budget and Management shall transfer any remaining	91725
amounts of cash from the following specified obsolete fund to the	91726
General Revenue Fund within thirty days after the effective date	91727
of this section: Quality Services (General Services Fund 4C1). The	91728
amount of such transfer to the General Revenue Fund is hereby	91729
appropriated to General Revenue Fund appropriation item 042-409,	91730
Commission Closures.	91731

Section 137D. TRANSFER FROM BOARD OF TAX APPEALS

91732

Notwithstanding any other provision of law to the contrary,	91733
on July 31, 2003, or as soon thereafter as possible, the Director	91734
of Budget and Management shall transfer any remaining amounts of	91735
cash from the following specified obsolete fund to the General	91736
Revenue Fund: Reproduction of Decisions (General Services Fund	91737
439).	91738

Section 137E.  FEDERAL JOBS AND GROWTH TAX RELIEF	91739
RECONCILIATION ACT OF 2003	91740

(A)The Director of Budget and Management shall allocate as	91741
follows any Medicaid moneys received under of the provision of the	91742
federal Jobs and Growth Tax Relief Reconciliation Act of 2003 that	91743
increases the federal medical assistance percentage for the third	91744
and fourth calendar quarters of federal fiscal year 2003 and the	91745
first, second, and third calendar quarters of federal fiscal year	91746
2004:	91747

(1) First, to the Department of Job and Family Services to	91748
provide Medicaid coverage to parents up to 100 per cent of the	91749
federal poverty guideline in accordance with section 5111.019 of	91750
the Revised Code. Any funds allocated to the Department of Job and	91751
Family Services for this purpose pursuant to this section are	91752
hereby appropriated.	91753

(2) Then, any remainder shall be transferred to the Family	91754
Services Stabilization Fund created under section 131.41 of the	91755
Revised Code.	91756

(B)The Director of Budget and Management shall transfer to	91757
the Budget Stabilization Fund (Fund 013) any moneys received under	91758
the provision of the federal Jobs and Growth Tax Relief	91759
Reconciliation Act of 2003 that provides temporary state fiscal	91760
relief in federal fiscal years 2003 and 2004 to (1) provide	91761
essential government services and (2) cover the costs to states of	91762
complying with federal intergovernmental mandates.	91763

Section 137F.  (A) In September of 2003, each school district	91764
that has been declared to be under an academic watch or in a state	91765
of academic emergency pursuant to section 3302.03 of the Revised	91766
Code shall administer a half-length practice version of each Ohio	91767
Graduation Test prescribed by division (B) of section 3301.0710 of	91768
the Revised Code to all ninth grade students enrolled in the	91769
district. Each district shall determine the dates, times, and	91770
method of administering the tests to students and shall score the	91771
tests.	91772

(B) Each district declared to be in a state of academic	91773
emergency pursuant to section 3302.03 of the Revised Code shall	91774
determine for each high school in the district whether the school	91775
shall be required to provide intervention services in accordance	91776
with this division to any students who took the tests. In	91777
determining which high schools shall provide intervention services	91778
based upon available funding, the district shall consider each	91779
school's graduation rate and scores on the practice tests.	91780

Each high school selected to provide intervention services	91781
under this division shall provide intervention services to	91782
students whose practice test results indicate that they are	91783
failing to make satisfactory progress toward being able to attain	91784
scores at the proficient level on the Ohio Graduation Tests.	91785
Intervention services shall be provided in any skill in which a	91786
student demonstrates unsatisfactory progress and shall be	91787
commensurate with the student's test performance. Schools shall	91788
provide the intervention services prior to the end of the school	91789
year, during the summer following the ninth grade, in the next	91790
succeeding school year, or at any combination of those times.	91791

Section 138. (A) As used in this section, "nursing facility"	91792
means a facility, or a distinct part of a facility, that is	91793
certified as a nursing facility by the Director of Health for	91794
purposes of the Medicaid Program and is not an intermediate care	91795
facility for the mentally retarded. "Nursing facility" includes a	91796
facility, or a distinct part of a facility, that is certified as a	91797
skilled nursing facility by the Director of Health for purposes of	91798
the Medicare Program.	91799

(B) The Director of Health shall request from the Secretary	91800
of the United States Department of Health and Human Services	91801
approval to develop an alternative regulatory procedure for	91802
nursing facilities subject to federal regulation. If the Secretary	91803
gives approval, the Director shall convene the Nursing Facility	91804
Regulatory Reform Task Force.	91805

(C) The Director of Health shall serve as chair of the Task	91806
Force. The Director of Aging, the Director of Job and Family	91807
Services, the State Long-Term Care Ombudsman, or persons they	91808
designate and a member of the Governor's staff designated by the	91809
Governor shall serve on the Task Force. The Director of Health	91810
shall appoint the following individuals to serve on the Task	91811
Force:	91812

(1) Two representatives of the Ohio Health Care Association;

91813

(2) Two representatives of the Association of Ohio	91814
Philanthropic Homes and Housing for the Aging;	91815

(3) Two representatives of the Ohio Academy of Nursing Homes;

91816

(4) Two representatives of the American Association of	91817
Retired Persons (AARP);	91818

(5) Two representatives of Families for Improved Care;

91819

(6) A representative from the Ohio Association of Regional	91820
Long-Term Care Ombudsman Programs;	91821

(7) A representative of the 1199 League of Registered Nurses;

91822

(8) A representative of the American Federation of State,	91823
County, and Municipal Employees.	91824

(D) Except to the extent that service on the task force is	91825
part of their employment, Task Force members shall serve without	91826
compensation and shall not be reimbursed by the State for expenses	91827
incurred in carrying out their duties on the Task Force. The	91828
Scripps Gerontology Center at Miami University shall provide	91829
technical and support services for the Task Force.	91830

(E) The Task Force shall do all of the following:

91831

(1) Review the effectiveness of current regulatory procedures	91832
for nursing facilities regarding the quality of care and quality	91833
of life of nursing facility residents;	91834

(2) Develop recommendations for improved regulatory	91835
procedures for nursing facilities to improve the quality of care	91836
and quality of life of nursing facility residents;	91837

(3) Evaluate potential effects on nursing facility residents	91838
of elimination of components of the Certificate of Need program	91839
pertaining to long-term care facilities;	91840

(4) Develop possible demonstration projects to present the	91841
potential of proposed changes to the regulatory procedure to	91842
increase the quality of care and the quality of life of nursing	91843
facility residents.	91844

(F) The Task Force shall submit a report of its findings and	91845
recommendations to the Speaker and Minority Leader of the House of	91846
Representatives and to the President and Minority Leader of the	91847
Senate. The report shall explain any changes to the Revised Code	91848
required to implement the recommendations. On submission of the	91849
recommendations, the Task Force shall cease to exist.	91850

(G) At the request of the General Assembly by adoption of a	91851
joint resolution, the Director of Health shall apply to the	91852
Secretary of the United States Department of Health and Human	91853
Services for a waiver to implement the recommendations of the Task	91854
Force.	91855

Section 139.01. In amending sections 121.084, 4104.41,	91856
4104.44, 4104,45, and 4104.46 (4104.48), in enacting new section	91857
4104.46 and section 4104.47, and in repealing and re-enacting	91858
sections 4104.42 and 4104.43 of the Revised Code, it is the intent	91859
of the General Assembly that the provisions of this act are	91860
general laws created in the exercise of the state's police power,	91861
arising out of matters of statewide concern, and are designed for	91862
the health, safety, and welfare of contractors, their employees,	91863
and the public.	91864

Section 139.02. 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 power, refrigerating, hydraulic,	91869
heating and liquefied petroleum gas, oxygen, and other gaseous	91870
piping systems will continue to be inspected as part of the	91871
building permit process, enforcement of plumbing and mechanical	91872
building codes, and occupancy certification. The purpose of this	91873
legislative action is solely to eliminate duplicative inspection	91874
personnel and fees.	91875

Section 145.01. * The Hemophilia Advisory Council established	91876
under section 3701.145 of the Revised Code, renumbered as section	91877
3701.0210 of the Revised Code by this act, is hereby abolished.	91878

Section 145.03. * Upon the taking effect of this section, the	91879
Hazardous Waste Facility Board is abolished.	91880

All of the rules adopted by the Hazardous Waste Facility	91881
Board are abolished on that date. The Director of the Legislative	91882
Service Commission shall remove the rules from the Administrative	91883
Code as if they had been rescinded.	91884

On and after the effective date of this section and until the	91885
Director of Environmental Protection adopts rules that eliminate	91886
references to the Hazardous Waste Facility Board, whenever the	91887
Hazardous Waste Facility Board or Board, when "Board" refers to	91888
the Hazardous Waste Facility Board, is referred to in a rule, the	91889
reference shall be deemed to refer to the Environmental Protection	91890
Agency or the Director of Environmental Protection, whichever is	91891
appropriate. As expeditiously as possible after the effective date	91892
of this section, the Director of Environmental Protection shall	91893
adopt rules eliminating references to the Hazardous Waste Facility	91894
Board.	91895

Permits or modifications issued by the Hazardous Waste	91896
Facility Board under section 3734.05 of the Revised Code as that	91897
section existed prior to its amendment by this act shall continue	91898
in effect as if the Director had issued the permits or	91899
modifications under section 3734.05 of the Revised Code after the	91900
effective date of its amendment by this act. Any application	91901
pending before the Hazardous Waste Facility Board on the effective	91902
date of this section shall be transferred to the Environmental	91903
Protection Agency for approval or disapproval by the Director. All	91904
records, files, and other documents of the Hazardous Waste	91905
Facility Board shall be transferred to the Environmental	91906
Protection Agency.	91907

Section 145.03A. (A) There is hereby created the Ohio Autism	91908
Task Force consisting of the following members:	91909

(1) All of the following persons to be appointed by the	91910
Governor:	91911

(a) A person diagnosed with autism;

91912

(b) Four persons who are parents of children diagnosed with	91913
autism;	91914

(c) A special education administrator of an Ohio school	91915
district;	91916

(d) A representative of the Ohio Association of County Boards	91917
of Mental Retardation and Developmental Disabilities;	91918

(e) A representative of the Ohio Developmental Disabilities	91919
Council;	91920

(f) A representative of the Autism Society of Ohio;

91921

(g) A developmental pediatrician who is a member of the Ohio	91922
Association of Pediatricians;	91923

(h) Two representatives from private schools in Ohio that	91924
provide special education services to children diagnosed with	91925
autism;	91926

(i) Two representatives from Ohio hospitals that provide	91927
services to children diagnosed with autism.	91928

(2) Two members of the House of Representatives, one from the	91929
majority party and one from the minority party, appointed by the	91930
Speaker of the House of Representatives;	91931

(3) Two members of the Senate, one from the majority party	91932
and one from the minority party, appointed by the President of the	91933
Senate;	91934

(4) The Director of Mental Retardation and Developmental	91935
Disabilities or the Director's designee;	91936

(5) The Director of Job and Family Services or the Director's	91937
designee;	91938

(6) The Superintendent of Public Instruction or the	91939
Superintendent's designee;	91940

(7) The Director of Health or the Director's designee.

91941

(B) All appointments and designations to the Task Force shall	91942
be made not later than thirty days after the effective date of	91943
this section. Any vacancy that occurs on the Task Force shall be	91944
filled in the same manner as the original appointment. The members	91945
of the Task Force shall serve without compensation.	91946

(C) The initial meeting of the Task Force shall be held not	91947
later than sixty days after the effective date of this section. At	91948
its initial meeting, the Task Force shall elect from its	91949
membership a chairperson and other officers it considers	91950
necessary. Thereafter, the Task Force shall meet on the call of	91951
the chairperson.	91952

(D) The Department of Mental Retardation and Developmental	91953
Disabilities shall provide meeting facilities and other support as	91954
necessary for the Task Force.	91955

(E) The Task Force shall study and make recommendations	91956
regarding both of the following:	91957

(1)The growing incidence of autism in Ohio;

91958

(2)Ways to improve the delivery in this state of autism	91959
services.	91960

(F) Not later than one year after the effective date of this	91961
section, the Task Force shall submit a written report of its	91962
recommendations to the Governor, the Speaker of the House of	91963
Representatives, and the President of the Senate.	91964

(G) On submission of its report, the Task Force shall cease	91965
to exist.	91966

Section 145.03I.  As used in this section, "qualified	91967
property" means real and tangible personal property that satisfies	91968
the qualifications for tax exemption under the terms of section	91969
3313.44, 5709.07, 5709.08, 5709.10, 5709.12, 5709.121, or 5709.14	91970
of the Revised Code.	91971

Notwithstanding section 5713.081 of the Revised Code, when	91972
qualified property has not received tax exemption due to a failure	91973
to comply with Chapter 5713. or section 5715.27 of the Revised	91974
Code, the owner of the property, at any time on or before	91975
twenty-four months after the effective date of this section, may	91976
file with the Tax Commissioner an application requesting that the	91977
property be placed on the tax exempt list and that all unpaid	91978
taxes, penalties, and interest on the property be abated.	91979

The application shall be made on the form prescribed by the	91980
Tax Commissioner under section 5715.27 of the Revised Code and	91981
shall list the name of the county in which the property is	91982
located; the property's legal description; its taxable value; the	91983
amount in dollars of the unpaid taxes, penalties, and interest;	91984
the date of acquisition of title to the property; the use of the	91985
property during any time that the unpaid taxes accrued; and any	91986
other information required by the Tax Commissioner. The county	91987
auditor shall supply the required information upon request of the	91988
applicant.	91989

Upon request of the applicant, the county treasurer shall	91990
determine if all taxes, penalties, and interest that became a lien	91991
on the qualified property before it first was used for an exempt	91992
purpose and all special assessments charged against the property	91993
have been paid in full. If so, the county treasurer shall issue a	91994
certificate to the applicant stating that all such taxes,	91995
penalties, interest, and assessments have been paid in full. Prior	91996
to filing the application with the Tax Commissioner, the applicant	91997
shall attach the county treasurer's certificate to it. The Tax	91998
Commissioner shall not consider an application filed under this	91999
section unless such a certificate is attached to it.	92000

Upon receipt of the application and after consideration of	92001
it, the Tax Commissioner shall determine if the applicant meets	92002
the qualifications set forth in this section, and if so shall	92003
issue an order directing that the property be placed on the tax	92004
exempt list of the county and that all unpaid taxes, penalties,	92005
and interest for every year the property met the qualifications	92006
for exemption described in section 3313.44, 5709.07, 5709.08,	92007
5709.10, 5709.12, 5709.121, or 5709.14 of the Revised Code be	92008
abated. If the Tax Commissioner finds that the property is not now	92009
being so used or is being used for a purpose that would foreclose	92010
its right to tax exemption, the Tax Commissioner shall issue an	92011
order denying the application.	92012

If the Tax Commissioner finds that the property is not	92013
entitled to tax exemption and to the abatement of unpaid taxes,	92014
penalties, and interest for any of the years for which the owner	92015
claims an exemption or abatement, the Tax Commissioner shall order	92016
the county treasurer of the county in which the property is	92017
located to collect all taxes, penalties, and interest due on the	92018
property for those years in accordance with law.	92019

The Tax Commissioner may apply this section to any qualified	92020
property that is the subject of an application for exemption	92021
pending before the Tax Commissioner on the effective date of this	92022
section, without requiring the property owner to file an	92023
additional application. The Tax Commissioner also may apply this	92024
section to any qualified property that is the subject of an	92025
application for exemption filed on or after the effective date of	92026
this section and on or before twelve months after that effective	92027
date, even though the application does not expressly request	92028
abatement of unpaid taxes.	92029

Section 145.03J. (A) The amendment, repeal and reenactment,	92030
or enactment by this act of sections 718.01, 718.02, 718.03,	92031
718.05, 718.051, and 718.121 of the Revised Code apply to taxable	92032
years beginning on or after January 1, 2004.	92033

(B) The amendment by this act of sections 718.11, 5717.011,	92034
and 5717.03 of the Revised Code apply to matters relating to	92035
taxable years beginning on or after January 1, 2004.	92036

(C) The credit allowed by section 718.021 of the Revised Code	92037
applies to qualifying losses sustained in taxable years beginning	92038
on or after January 1, 2004.	92039

Section 145.03K. Not later than thirty days after the	92040
effective date of this section, the Governor, with the advice and	92041
consent of the Senate, shall make initial appointments to the Ohio	92042
Business Gateway Steering Committee created in section 5703.56 of	92043
the Revised Code. Terms of office shall be as prescribed in	92044
section 5703.56 of the Revised Code.	92045

Section 145.03N. (A) The amendment by this act of sections	92046
165.09, 902.11, 4981.20, 5703.052, 5739.01, 5739.011, 5739.012,	92047
5739.02, 5739.025, 5739.03, 5739.032, 5739.033 (in Section 1 of	92048
this act), 5739.12, 5739.121, 5739.122, 5739.17, 5739.21, 5741.01,	92049
5741.02, and 5741.121 of the Revised Code apply on and after July	92050
1, 2003.	92051

(B) The amendment by this act of sections 5739.021, 5739.022,	92052
5739.023, and 5739.026 of the Revised Code apply on and after	92053
January 1, 2004.	92054

(C) The amendment by this act of sections 5739.10, 5741.021,	92055
5741.741.023 of the Revised Code apply on and after January 1,	92056
2006.	92057

(D) The repeal and re-enactment by this act of section	92058
5739.034 of the Revised Code applies on and after July 1, 2003.	92059

Section 145.03O. Sections 107.32 and 107.33 of the Revised	92060
Code shall apply to all state institutional facilities, as defined	92061
in section 107.32 of the Revised Code, that were in operation on	92062
or after January 1, 2003.	92063

Section 145.03R. The Legislative Office of Education	92064
Oversight shall conduct a review of partnership agreements between	92065
a Head Start provider and a provider of child care or day care	92066
services. In conducting this review, the Office shall analyze the	92067
following:	92068

(A) The impact on literacy-readiness for children receiving	92069
services as a result of such agreements;	92070

(B) The costs and benefits of such agreements to both	92071
participant children and the providers who are parties to the	92072
agreements. In analyzing the costs and benefits of such	92073
agreements, the Office shall examine the financial costs and	92074
benefits to providers who are parties to the agreements and to	92075
families of participant children. Additionally, the Office shall	92076
examine intangible costs and benefits to participant children,	92077
such as intellectual, emotional, and physical benefits or	92078
detriments caused by service under such agreements.	92079

(C) The operation of the agreements. In analyzing the	92080
operation of the agreements, the Office shall review how the	92081
agreements work, how well the agreements work, what components are	92082
included in the agreements, and whether the agreements are unique	92083
to the providers who are parties to the agreements or standardized	92084
across the state or within a local region.	92085

(D) Whether there is an administrative entity, such as a	92086
county department of job and family services, that oversees the	92087
implementation of a particular agreement. If there is such an	92088
entity that oversees an agreement, the Office shall examine the	92089
degree to which oversight is performed and what overhead costs the	92090
administrative entity incurs in overseeing such agreements.	92091

The Office shall submit the final results of this study to	92092
the General Assembly not later than December 31, 2004.	92093

Section 145.03T.  (A) Within one hundred twenty days after	92094
the effective date of this section, the Director of Agriculture,	92095
the Director of Rehabilitation and Correction, and the Director of	92096
Youth Services shall develop a plan to optimize the quantity and	92097
use of food grown and harvested in state correctional institutions	92098
or secure facilities operated by the Department of Youth Services	92099
in the most cost-effective manner. The plan shall include methods	92100
to increase production at farms operated by either department and	92101
shall include methods to ensure that the highest possible	92102
percentage of food consumed at state correctional institutions and	92103
secure facilities operated by the Department of Youth Services is	92104
food grown and harvested at a state correctional institution or	92105
secure facility operated by the Department of Youth Services.	92106

(B) The plan shall consider possible amendments to the	92107
Revised Code, amendments to the Administrative Code,	92108
administrative changes, financial strategies, strategies to obtain	92109
a reliable workforce, and any other means to optimize the quantity	92110
and use of food of that nature in state correctional institutions	92111
and secure facilities operated by the Department of Youth	92112
Services.	92113

The plan and its findings, conclusions, and any	92114
recommendations and proposed legislation shall be submitted to the	92115
Speaker of the House of Representatives, the President of the	92116
Senate, the Governor, the Director of Rehabilitation and	92117
Correction, and the Director of Youth Services.	92118

(C) As used in this section, "state correctional institution"	92119
has the same meaning as in section 2967.01 of the Revised Code.	92120

Section 145.03BB. The State Racing Commission shall conduct a	92121
performance study of the Commission based upon its current level	92122
of full-time employees. The Commission, not later than January 1,	92123
2004, shall make recommendations to the Governor and the General	92124
Assembly regarding possible staff reductions and ways to improve	92125
the efficiency of the Commission's operations.	92126

Section 145.03CC. For any metropolitan housing authority that	92127
is in existence when division (D) of section 3735.27 of the	92128
Revised Code, as amended by this act, takes effect, and to which	92129
that division applies, the board of county commissioners shall	92130
appoint a member to fill the next vacancy that occurs due to the	92131
expiration of the term of a member appointed by the chief	92132
executive officer of the most populous city in the metropolitan	92133
housing authority district. Thereafter, any vacancy in that	92134
position shall be filled by an appointee of the board of county	92135
commissioners and all other vacancies shall be filled in the	92136
manner provided for the original appointments.	92137

Section 145.03DD. The amendment by this act of section	92138
5747.02 of the Revised Code applies to taxable years ending on or	92139
after the effective date of this section.	92140

Section 145.03EE. (A) If a court finds that any provisions	92141
within sections 1346.04 to 1346.10 of the Revised Code conflict	92142
and cannot be harmonized with those within sections 1346.01 to	92143
1346.03 of the Revised Code, provisions of sections 1346.01 to	92144
1346.03 of the Revised Code shall control.	92145

(B) If any provision within sections 1346.04 to 1346.10 of	92146
the Revised Code causes sections 1346.01 to 1346.03 of the Revised	92147
Code to no longer constitute a qualifying or model statute, as	92148
those terms are defined in the Master Settlement Agreement entered	92149
into on November 23, 1998, by the state and leading United States	92150
tobacco product manufacturers, the provision in question shall be	92151
invalid. If any part of sections 1346.04 to 1346.10 of the Revised	92152
Code is for any reason held to be invalid, unlawful, or	92153
unconstitutional, the remaining portions of those sections shall	92154
remain valid.	92155

Section 145.03FF. The first report of stamping agents	92156
required by division (A) of section 1346.07 of the Revised Code	92157
shall be due on the last day of the month following the month in	92158
which this act becomes effective. The first certifications of a	92159
tobacco product manufacturer under division (A) of section 1346.05	92160
of the Revised Code shall be due forty-five days after the	92161
effective date of this act. The directory established in division	92162
(B) of section 1346.05 of the Revised Code shall be published	92163
within ninety days after the effective date of this act.	92164

Section 145.03GG. (A) For the purposes of section 321.24, as	92165
amended by this act, and of section 5703.80 of the Revised Code,	92166
as enacted by this act, the Tax Commissioner may determine the	92167
property tax administrative fee for fiscal year 2004 at any time	92168
after the day this act becomes law. One-half of the amount of the	92169
fee for that year may be deducted from each of the payments made	92170
in the fiscal year under division (F) of section 321.24 of the	92171
Revised Code, or the full amount of the fee for the year may be	92172
deducted from the second of those payments made in the fiscal	92173
year. The Director of Budget and Management may transfer the fee	92174
from the General Revenue Fund to the Property Tax Administration	92175
Fund created under section 5703.80 of the Revised Code, as enacted	92176
by this act, for fiscal year 2004 in three equal payments on	92177
November 1, 2003, February 1, 2004, and May 1, 2004.	92178

(B) Within thirty days after the Tax Commissioner determines	92179
the property tax administrative fee for fiscal year 2004 under	92180
division (A) of this section, the Tax Commissioner shall notify	92181
the Department of Education of the amount by which each school	92182
district's reimbursement made under division (F) of section 321.24	92183
of the Revised Code, as amended by this act, is to be reduced for	92184
the Property Tax Administration Fund.	92185

Section 145.03HH. (A) As used in this section, "housing	92186
officer" has the same meaning as in section 3735.65 of the Revised	92187
Code.	92188

(B) Any complaint filed with the tax commissioner on or after	92189
the effective date of this section challenging the continued	92190
exemption of property granted an exemption by a housing officer	92191
under section 3735.67 of the Revised Code shall be certified by	92192
the tax commissioner to the housing officer. The housing officer	92193
shall proceed to hear and determine such complaint in accordance	92194
with division (E) of section 3735.67 of the Revised Code. The	92195
commissioner may hear and determine any such complaint filed with	92196
the commissioner before the effective date of this section or may	92197
certify such complaint to the housing officer for hearing and	92198
determination.	92199

(C) The filing date of any complaint certified to a housing	92200
officer under this section shall be considered to be the date on	92201
which the complaint was filed with the tax commissioner.	92202

Section 145.03II. Notwithstanding the date by which	92203
determinations must be made under divisions (D), (G), and (H) of	92204
section 5727.84 of the Revised Code, the Tax Commissioner, as soon	92205
as is practicable after the effective date of that section as	92206
amended by this act, shall redetermine electric company tax value	92207
loss, fixed-rate levy loss, and fixed-sum levy loss for taxing	92208
districts described in division (D)(3) of that section on the	92209
basis of such amendments, and make the certification required by	92210
divisions (J) and (K) of that section. On or before July 31, 2003,	92211
or as soon as is practicable after the effective date of section	92212
5727.84 of the Revised Code as amended by this act, the Department	92213
of Education shall make the computations required under section	92214
5727.85 of the Revised Code on the basis of such redeterminations.	92215
Such redeterminations and computations apply for the purpose of	92216
computing payments made to taxing districts under sections 5727.85	92217
and 5727.86 of the Revised Code during state fiscal year 2004 and	92218
subsequent fiscal years, as otherwise provided in those sections.	92219

Section 145.03JJ. The amendment by this act of section	92220
5733.06 of the Revised Code applies to tax year 2004 and to each	92221
tax year thereafter.	92222

Section 145.03KK. (A)(1) There is hereby created the	92223
Legislative Audit Commission Study Committee, to be composed of	92224
four members. The committee shall study how other states provide	92225
for a legislative auditing function within their respective	92226
legislative branches of government and shall make recommendations	92227
on how Ohio should address the legislative auditing function and	92228
on the funding levels necessary to accomplish the objectives	92229
recommended. The President of the Senate shall appoint to the	92230
committee two members of the Senate, each of whom shall be a	92231
member of a different political party. The Speaker of the House of	92232
Representatives shall appoint to the committee two members of the	92233
House of Representatives, each of whom shall be a member of a	92234
different political party.	92235

(2) All vacancies in the membership of the committee shall be	92236
filled in the same manner prescribed for original appointments to	92237
the committee.	92238

(3) The members of the committee shall serve without	92239
compensation, but shall be reimbursed for their actual and	92240
necessary expenses incurred in the performance of their official	92241
duties.	92242

(B) The members of the Legislative Audit Commission Study	92243
Committee shall select a chairperson from among the appointed	92244
members.	92245

(C) The Legislative Service Commission shall provide	92246
necessary support to the Legislative Audit Commission Study	92247
Committee.	92248

(D) The Legislative Audit Commission Study Committee shall	92249
publish its findings and recommendations in a report to the	92250
Governor, the Speaker and the Minority Leader of the House of	92251
Representatives, and the President and Minority Leader of the	92252
Senate not later than December 31, 2003. Upon submission of the	92253
report, the committee shall cease to exist.	92254

Section 145.03LL. If the amendments made by this act to	92255
division (B)(2)(b) of section 1346.02 of the Revised Code are	92256
found unconstitutional or otherwise held invalid by a court of	92257
competent jurisdiction, then to the extent that a tobacco product	92258
manufacturer establishes that the amount it was required to place	92259
into escrow in a particular year was greater than the state's	92260
allocable share of the total payments that such manufacturer would	92261
have been required to make in that year under the Master	92262
Settlement Agreement (as determined pursuant to section IX(i)(2)	92263
of the Master Settlement Agreement, and before any of the	92264
adjustments or offsets described in section IX(i)(3) of that	92265
Agreement other than the inflation adjustment) had it been a	92266
participating manufacturer, the excess shall be released from	92267
escrow and revert back to such tobacco product manufacturer.	92268

The consequent of the preceding paragraph effectively	92269
reinstates division (B)(2)(b) of section 1346.02 of the Revised	92270
Code as it existed prior to its amendment by this act.	92271

Section 145.03MM.  The amendment by this act to division (H)	92272
of section 718.01 and to section 718.14 of the Revised Code apply	92273
to taxable years beginning on or after January 1, 2003.	92274

Section 145.03NN. There is hereby created the Aboveground	92275
Petroleum Storage Tank Study Committee. The Committee shall be	92276
comprised of the State Fire Marshal, and the Superintendent of	92277
Industrial Compliance, a member of the House of Representatives	92278
appointed by the Speaker of the House of Representatives, a member	92279
of the Senate appointed by the President of the Senate, and twelve	92280
members appointed by the Governor. The legislative members shall	92281
be from different political parties. The Speaker of the House of	92282
Representatives, the President of the Senate, and the Governor	92283
shall make these appointments within sixty days after the	92284
effective date of this section.	92285

Of the appointments made by the Governor, two shall be	92286
representatives of petroleum refiners, two shall be	92287
representatives of petroleum marketers, one shall represent	92288
municipal corporations, one shall represent counties, one shall	92289
represent townships, one shall represent agricultural interests,	92290
one shall represent the highway construction industry, one shall	92291
represent the trucking industry, one shall represent the Fire	92292
Service Alliance and one shall represent the public.	92293

The Committee shall determine and recommend whether	92294
aboveground petroleum storage tanks that are not regulated by the	92295
Superintendent of Industrial Compliance should be registered, and	92296
if they are to be registered, the annual fee for registration, and	92297
any other regulation needed to insure the safety of such tanks and	92298
the vicinities in which the tanks are located.	92299

The Committee shall make its recommendations to the Governor,	92300
the Speaker of the House of Representatives, and the President of	92301
the Senate not later than December 31, 2004.	92302

Section 145.03OO. The Governor shall appoint the new members	92303
added to the Board of Building and Fire Standards pursuant to	92304
section 3781.07 of the Revised Code as amended by this act and the	92305
new members added to the Board of Building Appeals pursuant to	92306
section 3781.19 of the Revised Code as amended by this act on or	92307
before ninety days after October 1, 2003. The initial term of the	92308
new members shall be until October 13, 2007, and terms thereafter	92309
shall be for four years.	92310

Section 145.03PP. The state fire code adopted by the State	92311
Fire Marshal as it exists on the effective date of this section	92312
remains effective until the State Board of Building and Fire	92313
Standards adopts changes to the state fire code pursuant to	92314
sections 3737.82 and 3737.83 of the Revised Code as amended by	92315
this act.	92316

Section 145.03QQ. The legislative authority of a county with	92317
a population of six hundred thousand or more may create local	92318
funding options for construction of a convention center and	92319
related facilities.	92320

Section 146.01. Except as otherwise specifically provided in	92321
this act, the codified sections of law amended or enacted in this	92322
act, and the items of law of which the codified sections of law	92323
amended or enacted in this act are composed, are subject to the	92324
referendum. Therefore, under Ohio Constitution, Article II,	92325
Section 1c and section 1.471 of the Revised Code, the codified	92326
sections of law amended or enacted by this act, and the items of	92327
law of which the codified sections of law as amended or enacted by	92328
this act are composed, take effect on the ninety-first day after	92329
this act is filed with the Secretary of State. If, however, a	92330
referendum petition is filed against any such codified section of	92331
law as amended or enacted by this act, or against any item of law	92332
of which any such codified section of law as amended or enacted by	92333
this act is composed, the codified section of law as amended or	92334
enacted, or item of law, unless rejected at the referendum, takes	92335
effect at the earliest time permitted by law.	92336

Section 146.02. Except as otherwise specifically provided in	92337
this act, the repeal by this act of a codified section of law is	92338
subject to the referendum. Therefore, under Ohio Constitution,	92339
Article II, Section 1c and section 1.471 of the Revised Code, the	92340
repeal by this act of a codified section of law takes effect on	92341
the ninety-first day after this act is filed with the Secretary of	92342
State. If, however, a referendum petition is filed against any	92343
such repeal, the repeal, unless rejected at the referendum, takes	92344
effect at the earliest time permitted by law.	92345

Section 146.03. The repeal by this act of sections 122.12,	92346
1553.01, 1553.02, 1553.03, 1553.04, 1553.05, 1553.06, 1553.07,	92347
1553.08, 1553.09, 1553.10, 1553.99, 3318.35, 3701.142, 3701.144,	92348
4141.044, 5115.011, 5115.012, 5115.06, and 5115.061 of the Revised	92349
Code is not subject to the referendum. Therefore, under Ohio	92350
Constitution, Article II, Section 1d and section 1.471 of the	92351
Revised Code, the repeals go into immediate effect when this act	92352
becomes law.	92353

Section 146.05. (A) Sections 117.45, 121.04, 122.658, 124.03,	92354
124.15, 124.152, 124.181, 124.183, 126.11, 127.16, 131.23, 173.08,	92355
173.54, 323.01, 329.03, 329.04, 329.051, 340.021, 340.03, 901.21,	92356
901.63, 901.85, 1501.04, 2101.16, 2151.3529, 2151.3530, 2305.234	92357
(in Section 1), 2329.66, 2715.041, 2715.045, 2716.13, 2921.13,	92358
3111.04, 3119.01, 3123.952, 3311.05, 3311.059, 3313.381, 3313.976,	92359
3313.978, 3313.979, 3314.033, 3314.083, 3316.031, 3316.08,	92360
3317.012, 3317.013, 3317.014, 3317.022, 3317.023, 3317.024,	92361
3317.029, 3317.0217, 3317.03, 3317.032, 3317.05, 3317.064,	92362
3317.07, 3317.10, 3317.16, 3318.37, 3323.16, 3332.04 (in Section	92363
1), 3517.092, 3701.02, 3701.021, 3701.022, 3701.029, 3701.141,	92364
3701.145 (3701.0210), 3702.31, 3702.63, 3702.68, 3702.74, 3705.24,	92365
3709.09, 3711.021, 3721.02, 3721.19, 3721.51, 3721.56, 3721.561,	92366
3733.43, 3733.45, 3734.28, 3734.57, 3745.40, 3748.07, 3748.13,	92367
3769.087, 3773.43, 3781.19, 4104.01, 4104.02, 4104.04, 4104.06,	92368
4104.07, 4104.08, 4104.15, 4104.18, 4104.19, 4104.20, 4105.17,	92369
4112.15, 4117.14, 4123.27, 4141.09, 4501.06, 4723.06, 4723.08,	92370
4723.082, 4723.17, 4729.01, 4729.41, 4731.65, 4731.71, 4736.12,	92371
4747.05, 4747.06, 4747.07, 4747.10, 4755.03, 4755.031, 4771.22,	92372
4903.24, 4905.91, 4919.79, 5101.11, 5101.14, 5101.141, 5101.142,	92373
5101.144, 5101.145, 5101.146, 5101.1410, 5101.16, 5101.18,	92374
5101.181, 5101.36, 5101.58, 5101.59, 5101.75, 5101.80, 5103.155,	92375
5104.04, 5104.30, 5107.02, 5107.30, 5107.40, 5107.60, 5111.0113,	92376
5111.02, 5111.025, 5111.03, 5111.06, 5111.08 (5111.071), new	92377
5111.16, 5111.16 (5111.08), 5111.161, 5111.17, 5111.171, 5111.172,	92378
5111.174, 5111.175, 5111.20, 5111.206, 5111.21, 5111.22, 5111.222,	92379
5111.25, 5111.251, 5111.252 (5123.199), 5111.262, 5111.28,	92380
5111.29, 5111.30, 5111.31, 5111.65, 5111.66, 5111.661, 5111.67,	92381
5111.671, 5111.672, 5111.673, 5111.674, 5111.675, 5111.676,	92382
5111.677, 5111.68, 5111.681, 5111.682, 5111.683, 5111.684,	92383
5111.685, 5111.686, 5111.687, 5111.688, 5111.689, 5111.6810,	92384
5111.85, 5111.87, 5111.871, 5111.872, 5111.873, 5111.911,	92385
5111.912, 5111.913, 5112.03, 5112.08, 5112.17, 5115.01, 5115.02	92386
(5115.04), 5115.03, 5115.04 (5115.02), 5115.05, 5115.07 (5115.06),	92387
5115.10, 5115.11, 5115.12, new 5115.13, 5115.13 (5115.07),	92388
5115.14, 5115.15 (5115.23), 5115.20, 5115.22, 5119.61, 5123.01,	92389
5123.19, 5123.196, 5123.198, 5123.1910, 5123.38, 5126.01,	92390
5126.042, 5126.12, 5153.78, 5502.13, 5709.64, 5735.05, 5735.053,	92391
5735.23, 5735.26, 5735.291, 5735.30, and 6109.21 of the Revised	92392
Code as amended, enacted, or renumbered by this act, and the items	92393
of law of which such sections as amended or enacted by this act	92394
are composed, are not subject to the referendum. Therefore, under	92395
Ohio Constitution, Article II, Section 1d and section 1.471 of the	92396
Revised Code, such sections as amended, enacted, or renumbered by	92397
this act, and the items of law of which such sections as amended	92398
or enacted by this act are composed, go into immediate effect when	92399
this act becomes law.	92400

(B) Sections 3313.481, 3317.11, and 5111.173 of the Revised	92401
Code as repealed and reenacted by this act, and the items of law	92402
of which it is composed, is not subject to the referendum.	92403
Therefore, under Ohio Constitution, Article II, Section 1d and	92404
section 1.471 of the Revised Code, the section as repealed and	92405
reenacted by this act goes into immediate effect when this act	92406
becomes law.	92407

(C) The amendment of sections 2915.01, 2915.02, 2915.08,	92408
2915.09, 2915.091, 2915.092, 2915.093, 2915.10, 2915.101, and	92409
2915.13 of the Revised Code is not subject to the referendum under	92410
Ohio Constitution, Article II, Section 1d and section 1.471 of the	92411
Revised Code and goes into effect on July 1, 2003.	92412

(D) The amendments of sections 4503.101 and 4503.103 of the	92413
Revised Code are not subject to the referendum under Ohio	92414
Constitution, Article II, Section 1d and section 1.471 of the	92415
Revised Code and go into effect on June 30, 2003.	92416

Section 146.06. (A) The amendment, enactment, or repeal and	92417
reenactment by this act of sections 109.71, 122.17, 122.171,	92418
122.71, 321.24, 323.13, 715.013, 718.01, 718.02, 718.021, 718.03,	92419
718.05, 718.051, 718.11, 718.121, 718.14, 718.15, 718.151,	92420
2923.35, 2925.44, 2933.43, 2935.01, 3735.67, 3735.671, 4141.201,	92421
5703.56, 5703.57, 5703.58, 5703.80, 5709.20, 5709.201, 5709.21,	92422
5709.211, 5709.212, 5709.22, 5709.23, 5709.24, 5709.25, 5709.26,	92423
5709.27, 5711.02, 5711.13, 5711.18, 5711.22, 5711.27, 5711.33,	92424
5713.07, 5713.08, 5713.081, 5713.082, 5715.27, 5715.39, 5717.011,	92425
5717.03, 5727.111, 5727.30, 5727.84, 5728.04, 5728.06, 5728.99,	92426
5733.04, 5733.05, 5733.051, 5733.056, 5733.0511, 5733.059,	92427
5733.06, 5733.0611, 5733.09, 5733.45, 5733.55, 5733.56, 5733.57,	92428
5733.98, 5735.14, 5735.15, 5735.19, 5735.99, 5743.45 (in Section 1	92429
of this act), 5745.01, 5745.02, 5745.04, 5747.02, 5747.026,	92430
5747.31, and 6111.06 of the Revised Code provides for or is	92431
essential to implementation of a tax levy. Therefore, under Ohio	92432
Constitution, Article II, Section 1d, the amendments, enactments,	92433
or repeals and reenactments and the items of which they are	92434
composed, are not subject to the referendum and go into immediate	92435
effect when this act becomes law.	92436

(B) The amendment or enactment by this act of sections	92437
165.09, 902.11, 4981.20, 5703.052, 5739.01, 5739.011, 5739.012,	92438
5739.02, 5739.025, 5739.03, 5739.032, 5739.033 (in Section 1 of	92439
this act), 5739.12, 5739.121, 5739.122, 5739.17, 5739.21, 5739.33,	92440
5741.01, 5741.02, 5741.121, and 5741.25 of the Revised Code	92441
provides for or is essential to implementation of a tax levy.	92442
Therefore, under Ohio Constitution, Article II, Section 1d, the	92443
amendments, and the items of which they are composed, are not	92444
subject to the referendum and go into immediate effect when this	92445
act becomes law.	92446

(C) The amendment by this act of sections 5739.021, 5739.022,	92447
5739.023, and 5739.026 of the Revised Code provides for or is	92448
essential to implementation of a tax levy. Therefore, under Ohio	92449
Constitution, Article II, Section 1d, the amendments, and the	92450
items of which they are composed, are not subject to the	92451
referendum and go into effect January 1, 2004.	92452

(D) The amendment by this act of sections 5739.10, 5741.021,	92453
5741.022, and 5741.023 of the Revised Code provides for or is	92454
essential to implementation of a tax levy. Therefore, under Ohio	92455
Constitution, Article II, Section 1d, the amendments, and the	92456
items of which they are composed, are not subject to the	92457
referendum and, except as provided in this section, go into effect	92458
January 1, 2006.	92459

(E) The repeal and re-enactment by this act of section	92460
5739.034 of the Revised Code provides for or is essential to	92461
implementation of a tax levy. Therefore, under Ohio Constitution,	92462
Article II, Section 1d, the repeal and re-enactment, and the items	92463
of which they are composed, are not subject to the referendum and	92464
go into effect July 1, 2003.	92465

(F) The repeal by this act of sections 5735.33, 5739.35,	92466
5741.24, 5743.46, and 5747.60 of the Revised Code provides for or	92467
is essential to implementation of a tax levy. Therefore, under	92468
Ohio Constitution, Article II, Section 1d, the repeals, and the	92469
items of which they are composed, are not subject to the	92470
referendum and go into immediate effect when this act becomes law.	92471

(G) The amendment by this act of section 5735.142 of the	92472
Revised Code provides for or is essential to implementation of a	92473
tax levy. Therefore, under Ohio Constitution, Article II, Section	92474
1d the amendment is not subject to the referendum and goes into	92475
effect on June 30, 2003.	92476

Section 146.06A. The repeal by this act of sections 319.311,	92477
5733.111, 5741.011, and 5747.131 of the Revised Code provides for	92478
or is essential to implementation of a tax levy. Therefore, under	92479
Ohio Constitution, Article II, Section 1d, the repeals, and the	92480
items of which they are composed, are not subject to the	92481
referendum and go into immediate effect when this act becomes law.	92482

Section 146.06B. The repeal by this act of sections 5709.231,	92483
5709.30, 5709.31, 5709.32, 5709.33, 5709.34, 5709.35, 5709.36,	92484
5709.37, 5709.45, 5709.46, 5709.47, 5709.48, 5709.49, 5709.50,	92485
5709.51, 5709.52, 6111.31, 6111.311, 6111.32, 6111.34, 6111.35,	92486
6111.36, 6111.37, 6111.38, and 6111.39 of the Revised Code	92487
provides for or is essential to implementation of a tax levy.	92488
Therefore, under Ohio Constitution, Article II, Section 1d, the	92489
repeals, and the items of which they are composed, are not subject	92490
to the referendum and go into immediate effect when this act	92491
becomes law.	92492

Section 146.07. (A) The amendment by this act of sections	92493
4905.79, 4931.45, 4931.47, 4931.48, 5727.32, and 5727.33 of the	92494
Revised Code provides for or is essential to implementation of a	92495
tax levy. Therefore, under Ohio Constitution, Article II, Section	92496
1d, the amendments, and the items of which they are composed, are	92497
not subject to the referendum and go into effect December 31,	92498
2004.	92499

(B) The repeal by this act of sections 5727.39 and 5727.44 of	92500
the Revised Code provide for or is essential to implementation of	92501
a tax levy. Therefore, under Ohio Constitution, Article II,	92502
Section 1d, the repeals, and the items of which they are composed,	92503
are not subject to the referendum and go into effect December 31,	92504
2004.	92505

Section 146.07A. Section 3301.31 of the Revised Code, as	92506
repealed and reenacted by this act, and the items of law of which	92507
the section as repealed and reenacted by this act is composed, is	92508
not subject to the referendum. Therefore, under Ohio Constitution,	92509
Article II, Section 1d and section 1.471 of the Revised Code, the	92510
section as repealed and reenacted is entitled to go into immediate	92511
effect when this act becomes law. However, that section as	92512
repealed and reenacted by this act, and the items of law of which	92513
that section as repealed and reenacted by this act are composed,	92514
takes effect July 1, 2004, or the day this act becomes law,	92515
whichever is later.	92516

Section 146.07B. New section 3301.33 and sections 3301.34,	92517
3301.35, 3301.36, and 3301.38, as enacted by this act, and section	92518
3301.33 (3301.40) of the Revised Code as renumbered by this act,	92519
and the items of law of which those sections as enacted or	92520
renumbered by this act are composed, are not subject to the	92521
referendum. Therefore, under Ohio Constitution, Article II,	92522
Section 1d and section 1.471 of the Revised Code, the sections as	92523
enacted or renumbered are entitled to go into immediate effect	92524
when this act becomes law. However, those sections as enacted or	92525
renumbered by this act, and the items of law of which those	92526
sections as enacted or renumbered by this act are composed, take	92527
effect July 1, 2004, or the day this act becomes law, whichever is	92528
later.	92529

Section 146.07C. Sections 3301.37, 3301.52, 3301.53, 3301.54,	92530
3301.55, 3307.57, and 3301.58 of the Revised Code, as amended or	92531
enacted by this act, are not subject to the referendum. Therefore,	92532
under Ohio Constitution, Article II, Section 1d and section 1.471	92533
of the Revised Code the sections as amended or enacted by this	92534
act, and the items of law of which the sections as amended or	92535
enacted by this act are composed, are entitled to go into	92536
immediate effect when this act becomes law. However, the sections	92537
as amended or enacted by this act, and the items of law of which	92538
the sections as amended or enacted by this act are composed, take	92539
effect September 1, 2003, or the day this act becomes law,	92540
whichever is later.	92541

Section 146.07D. The repeal by this act of section 3301.581	92542
of the Revised Code is not subject to the referendum under Ohio	92543
Constitution, Article II, Section 1d and section 1.471 of the	92544
Revised Code and goes into effect September 1, 2003, or the day	92545
this act becomes law, whichever is later.	92546

Section 146.12. The version of section 3332.04 of the Revised	92547
Code that is scheduled to take effect July 1, 2003, as amended by	92548
this act, and the items of law of which that section as amended is	92549
composed, are not subject to the referendum. Therefore, under Ohio	92550
Constitution, Article II, Section 1d and section 1.471 of the	92551
Revised Code, the section as amended by this act, and the items of	92552
law of which that section as amended is composed, go into	92553
immediate effect on July 1, 2003.	92554

Section 146.12A. * (A) Except as otherwise provided in	92555
division (B) of this section, sections 121.08, 3701.82, 3737.01,	92556
3737.02, 3737.03, 3737.21, 3737.22, 3737.65, 3737.71, 3737.81,	92557
3737.82, 3737.83, 3737.84, 3737.85, 3737.86, 3737.88, 3737.881,	92558
3737.882, 3737.883, 3737.89, 3737.91, 3737.92, 3737.98, 3741.14,	92559
3743.57, 3743.75, 3746.02, 3781.07, and 3901.86 of the Revised	92560
Code as amended by this act, and sections 3741.15, 3781.071,	92561
3781.072, and 3781.22 of the Revised Code as enacted by this act,	92562
shall take effect October 1, 2003.	92563

(B) The amendment of section 121.08 of the Revised Code	92564
removing a reference to the state fire marshal takes effect at the	92565
earliest time permitted by law.	92566

Section 146.13.  (A) Except as otherwise provided in division	92567
(B) of this section, the amendments by this act to section 3745.11	92568
of the Revised Code are not subject to the referendum. Therefore,	92569
under Ohio Constitution, Article II, Section 1d and section 1.471	92570
of the Revised Code, the amendments, and the items of law they	92571
contain, go into immediate effect when this act becomes law.	92572

(B)(1) The amendments by this act of division (P) of section	92573
3745.11 of the Revised Code provides for or is essential to	92574
implementation of a tax levy. Therefore, under Ohio Constitution,	92575
Article II, Section 1d, the amendments, and the items of which	92576
they are composed, are not subject to the referendum and go into	92577
immediate effect when this act becomes law.	92578

(2) The seventh and last paragraph added to division (S)(1)	92579
of section 3745.11 of the Revised Code by this act is subject to	92580
the referendum. Therefore, under Ohio Constitution, Article II,	92581
Section 1c and section 1.471 of the Revised Code, the paragraph	92582
takes effect on the ninety-first day after this act is filed with	92583
the Secretary of State. If, however, a referendum petition is	92584
filed against the paragraph, or against any item of law it	92585
contains, the paragraph or item, unless rejected at the	92586
referendum, takes effect at the earliest time permitted by law.	92587

Section 146.14. The amendment by this act of the version of	92588
section 4511.75 of the Revised Code that is scheduled to take	92589
effect January 1, 2004, and the items of law of which that	92590
amendment is composed, are not subject to the referendum under	92591
Ohio Constitution, Article II, Section 1d and section 1.471 of the	92592
Revised Code and go into effect on July 1, 2004.	92593

Section 146.15.  (A) Except as otherwise provided in division	92594
(B) of this section, the amendments by this act to section 4743.05	92595
of the Revised Code are subject to the referendum. Therefore,	92596
under Ohio Constitution, Article II, Section 1c and section 1.471	92597
of the Revised Code, the amendments take effect on the	92598
ninety-first day after this act is filed with the Secretary of	92599
State. If, however, a referendum petition is filed against the	92600
amendments, or against any item of law they contain, the	92601
amendments or item, unless rejected at the referendum, takes	92602
effect at the earliest time permitted by law.	92603

(B) The amendment by this act adding a reference to "4771."	92604
to section 4743.05 of the Revised Code is not subject to the	92605
referendum. Therefore, under Ohio Constitution, Article II,	92606
Section 1d and section 1.471 of the Revised Code, the amendment	92607
goes into immediate effect when this act becomes law.	92608

Section 146.15A. (A) The amendments by this act to section	92609
5104.01 of the Revised Code are not subject to the referendum.	92610
Therefore, under Ohio Constitution, Article II, Section 1d and	92611
section 1.471 of the Revised Code, the amendments, and the items	92612
of law they contain, go into immediate effect when this act	92613
becomes law, except as provided in division (B) of this section.	92614

(B) The amendments by this act to division (T) of section	92615
5104.01 of the Revised Code shall take effect on July 1, 2004.	92616

Section 146.15B. Section 5104.02 of the Revised Code, as	92617
amended by this act, and the items of law of which the section as	92618
amended by this act is composed, are not subject to the	92619
referendum. Therefore, under Ohio Constitution, Article II,	92620
Section 1d and section 1.471 of the Revised Code the section as	92621
amended by this act, and the items of law of which the section as	92622
amended by this act is composed, are entitled to go into immediate	92623
effect when this act becomes law. However, the section as amended	92624
by this act, and the items of law of which the section as amended	92625
by this act are composed, take effect September 1, 2003, or the	92626
day this act becomes law, whichever is later.	92627

Section 146.15C. (A) The amendments by this act to section	92628
5104.32 of the Revised Code are not subject to the referendum.	92629
Therefore, under Ohio Constitution, Article II, Section 1d and	92630
section 1.471 of the Revised Code, the amendments, and the items	92631
of law they contain, go into immediate effect when this act	92632
becomes law, except as provided in division (B) of this section.	92633

(B) The amendments by this act to division (B)(4) of section	92634
5104.32 of the Revised Code shall take effect on September 1,	92635
2003.	92636

Section 146.16.  (A) Except as otherwise provided in division	92637
(B) of this section, the amendments by this act to section	92638
5111.022 of the Revised Code are not subject to the referendum.	92639
Therefore, under Ohio Constitution, Article II, Section 1d and	92640
section 1.471 of the Revised Code, the amendments, and the items	92641
of law they contain, go into immediate effect when this act	92642
becomes law.	92643

(B) The amendments by this act adding divisions (B)(4), (E),	92644
and (F) to section 5111.022 of the Revised Code are subject to the	92645
referendum. Therefore, under Ohio Constitution, Article II,	92646
Section 1c and section 1.471 of the Revised Code, the amendments	92647
take effect on the ninety-first day after this act is filed with	92648
the Secretary of State. If, however, a referendum petition is	92649
filed against the amendments, or against any item of law they	92650
contain, the amendments or item, unless rejected at the	92651
referendum, takes effect at the earliest time permitted by law.	92652

Section 146.17.  Section 5112.31 of the Revised Code, as	92653
amended by this act, and the items of law of which that section as	92654
amended is composed, are not subject to the referendum. Therefore,	92655
under Ohio Constitution, Article II, Section 1d and section 1.471	92656
of the Revised Code, that section as amended by this act, and the	92657
items of law of which that section as amended is composed, are	92658
entitled to go into immediate effect when this act becomes law.	92659
However, that section as amended by this act, and the items of law	92660
which that section as amended by this act are composed, take	92661
effect on July 1, 2003, or the day this act becomes law, whichever	92662
is later.	92663

Section 146.17A. * Section 9.24 of the Revised Code, as	92664
enacted by this act, shall take effect January 1, 2004.	92665

Section  146.20. * Section 102.02 of the Revised Code, as	92666
amended by this act, shall take effect January 1, 2004.	92667

Section 146.21. * Section 4759.08 of the Revised Code, as	92668
amended by this act, shall take effect July 1, 2004.	92669

Section 146.22. * Sections 5103.031, 5103.033, 5103.034,	92670
5103.036, 5103.037, 5103.038, 5103.0312, 5103.0313, 5103.0314,	92671
5103.0315, 5103.0316, 5153.60, 5153.69, and 5153.72 of the Revised	92672
Code, as amended by this act, shall take effect on January 1,	92673
2004.	92674

Section 146.23. * Sections 5103.154 and 5153.163 of the	92675
Revised Code as amended by this act take effect July 1, 2004.	92676

Section 146.25. Except as otherwise specifically provided in	92677
this act, the uncodified sections of law amended or enacted in	92678
this act, and the items of law of which the uncodified sections of	92679
law amended or enacted in this act are composed, are not subject	92680
to the referendum. Therefore, under Ohio Constitution, Article II,	92681
Section 1d and section 1.471 of the Revised Code, the uncodified	92682
sections of law amended or enacted in this act, and the items of	92683
law of which the uncodified sections of law amended or enacted in	92684
this act are composed, go into immediate effect when this act	92685
becomes law.	92686

Section 146.26. Uncodified sections of law amended or enacted	92687
in this act, and items of law contained within the uncodified	92688
sections of law amended or enacted in this act, that are marked	92689
with an asterisk are subject to the referendum. Therefore, under	92690
Ohio Constitution, Article II, Section 1c and section 1.471 of the	92691
Revised Code, the uncodified sections and items of law marked with	92692
an asterisk take effect on the ninety-first day after this act is	92693
filed with the Secretary of State. If, however, a referendum	92694
petition is filed against an uncodified section or item of law	92695
marked with an asterisk, the uncodified section or item of law	92696
marked with an asterisk, unless rejected at the referendum, takes	92697
effect at the earliest time permitted by law.	92698

If the amending and existing repeal clauses commanding the	92699
amendment of an uncodified section of law are both marked with	92700
asterisks, the uncodified section as amended is deemed also to	92701
have been marked with an asterisk.	92702

An asterisk marking an uncodified section or item of law has	92703
the form *.	92704

This section defines the meaning and form of, but is not	92705
itself to be considered marked with, an asterisk.	92706

Section 146.28. The repeal by this act of the following	92707
uncodified sections of law is not subject to the referendum and	92708
therefore, under Ohio Constitution, Article II, Section 1d and	92709
section 1.471 of the Revised Code, goes into immediate effect when	92710
this act becomes law:	92711

(A) Section 11 of Am. Sub. S.B. 50 of the 121st General	92712
Assembly;	92713

(B) Section 72 of Am. Sub. H.B. 850 of the 122nd General	92714
Assembly;	92715

(C) Section 129 of Am. Sub. H.B. 283 of the 123rd General	92716
Assembly;	92717

(D) Section 63.37 of Am. Sub. H.B. 94 of the 124th General	92718
Assembly;	92719

(E) Section 16 of Am. Sub. H.B. 87 of the 125th General	92720
Assembly.	92721

Section 146.29. If the amendment or enactment in this act of	92722
a codified or uncodified section of law is subject to the	92723
referendum, the corresponding indications in the amending,	92724
enacting, or existing repeal clauses commanding the amendment or	92725
enactment also are subject to the referendum, along with the	92726
amendment or enactment. If the amendment or enactment by this act	92727
of a codified or uncodified section of law is not subject to the	92728
referendum, the corresponding indications in the amending,	92729
enacting, or existing repeal clauses commanding the amendment or	92730
enactment also are not subject to the referendum, the same as the	92731
amendment or enactment.	92732

Section 147.01. * The amendment of section 122.25 of the	92733
Revised Code by this act is not intended to supersede the earlier	92734
repeal, with delayed effective date, of that section.	92735

Section 147.02. * Section 921.151 was amended and renumbered	92736
as section 921.22 of the Revised Code by Am. Sub. S.B. 217 of the	92737
124th General Assembly, passed November 21, 2002, and effective	92738
July 1, 2004. The amendment of section 921.151 of the Revised Code	92739
in Section 1 of this act does not supersede that earlier amendment	92740
and renumbering. This act therefore amends both sections to ensure	92741
that its amendments continue on and after July 1, 2004.	92742

Section 147.03.  The amendment by this act of sections	92743
5112.03 and 5112.08 of the Revised Code is not intended to	92744
supersede the earlier repeal, with delayed effective date, of	92745
those sections.	92746

Section 147.04. The amendment by this act of section 5112.99	92747
of the Revised Code is not intended to supersede the earlier	92748
repeal, with delayed effective date, of that section.	92749

Section 148.01. * Section 109.572 of the Revised Code is	92750
presented in this act as a composite of the section as amended by	92751
both Sub. H.B. 448 and Sub. H.B. 538 of the 123rd General	92752
Assembly. The General Assembly, applying the principle stated in	92753
division (B) of section 1.52 of the Revised Code that amendments	92754
are to be harmonized if reasonably capable of simultaneous	92755
operation, finds that the composite is the resulting version of	92756
the section in effect prior to the effective date of the section	92757
as presented in this act.	92758

Section 148.01A.  Section 109.71 of the Revised Code is	92759
presented in this act as a composite of the section as amended by	92760
both Sub. H.B. 545 and H.B. 675 of the 124th General Assembly. The	92761
General Assembly, applying the principle stated in division (B) of	92762
section 1.52 of the Revised Code that amendments are to be	92763
harmonized if reasonably capable of simultaneous operation, finds	92764
that the composite is the resulting version of the section in	92765
effect prior to the effective date of the section as presented in	92766
this act.	92767

Section 148.02. Section 121.04 of the Revised Code is	92768
presented in this act as a composite of the section as amended by	92769
both Sub. H.B. 601 and Am. Sub. H.B. 640 of the 123rd General	92770
Assembly. The General Assembly, applying the principle stated in	92771
division (B) of section 1.52 of the Revised Code that amendments	92772
are to be harmonized if reasonably capable of simultaneous	92773
operation, finds that the composite is the resulting version of	92774
the section in effect prior to the effective date of the section	92775
as presented in this act.	92776

Section 148.02A.  Section 122.171 of the Revised Code is	92777
presented in this act as a composite of the section as amended by	92778
both H.B. 675 and Am. Sub. S.B. 180 of the 124th General Assembly.	92779
The General Assembly, applying the principle stated in division	92780
(B) of section 1.52 of the Revised Code that amendments are to be	92781
harmonized if reasonably capable of simultaneous operation, finds	92782
that the composite is the resulting version of the section in	92783
effect prior to the effective date of the section as presented in	92784
this act.	92785

Section 148.02B.  Section 124.15 of the Revised Code is	92786
presented in this act as a composite of the section as amended by	92787
both Am. Sub. H.B. 640 and Sub. S.B. 245 of the 123rd General	92788
Assembly. The General Assembly, applying the principle stated in	92789
division (B) of section 1.52 of the Revised Code that amendments	92790
are to be harmonized if reasonably capable of simultaneous	92791
operation, finds that the composite is the resulting version of	92792
the section in effect prior to the effective date of the section	92793
as presented in this act.	92794

Section 148.02C.  The version of section 2152.19 of the	92795
Revised Code that is scheduled to take effect January 1, 2004, is	92796
presented in this act as a composite of the section as amended by	92797
both Am. Sub. H.B. 400 and Am. Sub. H.B. 490 of the 124th General	92798
Assembly. The General Assembly, applying the principle stated in	92799
division (B) of section 1.52 of the Revised Code that amendments	92800
are to be harmonized if reasonably capable of simultaneous	92801
operation, finds that the composite is the resulting version of	92802
the section in effect prior to the effective date of the section	92803
as presented in this act.	92804

Section 148.03. * The version of section 2305.234 of the	92805
Revised Code that is scheduled to take effect January 1, 2004, is	92806
presented in this act as a composite of the section as amended by	92807
both Am. Sub. H.B. 490 and Am. Sub. S.B. 281 of the 124th General	92808
Assembly. The General Assembly, applying the principle stated in	92809
division (B) of section 1.52 of the Revised Code that amendments	92810
are to be harmonized if reasonably capable of simultaneous	92811
operation, finds that the composite is the resulting version of	92812
the section in effect prior to the effective date of the section	92813
as presented in this act.	92814

Section 148.04.  Section 2743.02 of the Revised Code is	92815
presented in this act as a composite of the section as amended by	92816
both Am. Sub. S.B. 115 and Am. Sub. S.B. 281 of the 124th General	92817
Assembly. The General Assembly, applying the principle stated in	92818
division (B) of section 1.52 of the Revised Code that amendments	92819
are to be harmonized if reasonably capable of simultaneous	92820
operation, finds that the composite is the resulting version of	92821
the section in effect prior to the effective date of the section	92822
as presented in this act.	92823

Section 148.04A.  Section 2917.41 of the Revised Code is	92824
presented in this act as a composite of the section as amended by	92825
both Am. H.B. 61 and Am. Sub. S.B. 2 of the 121st General	92826
Assembly. The General Assembly, applying the principle stated in	92827
division (B) of section 1.52 of the Revised Code that amendments	92828
are to be harmonized if reasonably capable of simultaneous	92829
operation, finds that the composite is the resulting version of	92830
the section in effect prior to the effective date of the section	92831
as presented in this act.	92832

Section 148.04B.  Section 2935.01 of the Revised Code is	92833
presented in this act as a composite of the section as amended by	92834
both Sub. H.B. 545 and H.B. 675 of the 124th General Assembly. The	92835
General Assembly, applying the principle stated in division (B) of	92836
section 1.52 of the Revised Code that amendments are to be	92837
harmonized if reasonably capable of simultaneous operation, finds	92838
that the composite is the resulting version of the section in	92839
effect prior to the effective date of the section as presented in	92840
this act.	92841

Section 148.06.  Section 3317.012 of the Revised Code is	92842
presented in this act as a composite of the section as amended by	92843
both Am. Sub. H.B. 94 and Am. Sub. S.B. 1 of the 124th General	92844
Assembly. The General Assembly, applying the principle stated in	92845
division (B) of section 1.52 of the Revised Code that amendments	92846
are to be harmonized if reasonably capable of simultaneous	92847
operation, finds that the composite is the resulting version of	92848
the section in effect prior to the effective date of the section	92849
as presented in this act.	92850

Section 148.07.  Section 3319.07 of the Revised Code is	92851
presented in this act as a composite of the section as amended by	92852
both Am. Sub. H.B. 117 and Am. Sub. H.B. 223 of the 121st General	92853
Assembly. The General Assembly, applying the principle stated in	92854
division (B) of section 1.52 of the Revised Code that amendments	92855
are to be harmonized if reasonably capable of simultaneous	92856
operation, finds that the composite is the resulting version of	92857
the section in effect prior to the effective date of the section	92858
as presented in this act.	92859

Section 148.08.  Section 3319.36 of the Revised Code is	92860
presented in this act as a composite of the section as amended by	92861
both Sub. H.B. 81 and Am. Sub. S.B. 230 of the 121st General	92862
Assembly. The General Assembly, applying the principle stated in	92863
division (B) of section 1.52 of the Revised Code that amendments	92864
are to be harmonized if reasonably capable of simultaneous	92865
operation, finds that the composite is the resulting version of	92866
the section in effect prior to the effective date of the section	92867
as presented in this act.	92868

Section 148.08A.  Section 4303.181 of the Revised Code is	92869
presented in this act as a composite of the section as amended by	92870
both Sub. H.B. 330 and Sub. H.B. 371 of the 124th General	92871
Assembly. The General Assembly, applying the principle stated in	92872
division (B) of section 1.52 of the Revised Code that amendments	92873
are to be harmonized if reasonably capable of simultaneous	92874
operation, finds that the composite is the resulting version of	92875
the section in effect prior to the effective date of the section	92876
as presented in this act.	92877

Section 148.08B.  Section 4723.07 of the Revised Code is	92878
presented in this act as a composite of the section as amended by	92879
both Sub. H.B. 511 and Am. Sub. S.B. 180 of the 123rd General	92880
Assembly. The General Assembly, applying the principle stated in	92881
division (B) of section 1.52 of the Revised Code that amendments	92882
are to be harmonized if reasonably capable of simultaneous	92883
operation, finds that the composite is the resulting version of	92884
the section in effect prior to the effective date of the section	92885
as presented in this act.	92886

Section 148.11. * Section 4973.17 of the Revised Code is	92887
presented in this act as a composite of the section as amended by	92888
both Am. Sub. H.B. 566 and Sub. H.B. 670 of the 121st General	92889
Assembly. The General Assembly, applying the principle stated in	92890
division (B) of section 1.52 of the Revised Code that amendments	92891
are to be harmonized if reasonably capable of simultaneous	92892
operation, finds that the composite is the resulting version of	92893
the section in effect prior to the effective date of the section	92894
as presented in this act.	92895

Section 148.12.  Section 5111.20 of the Revised Code is	92896
presented in this act as a composite of the section as amended by	92897
both Sub. H.B. 403 and Sub. H.B. 448 of the 123rd General	92898
Assembly. The General Assembly, applying the principle stated in	92899
division (B) of section 1.52 of the Revised Code that amendments	92900
are to be harmonized if reasonably capable of simultaneous	92901
operation, finds that the composite is the resulting version of	92902
the section in effect prior to the effective date of the section	92903
as presented in this act.	92904

Section 148.13. Section 5115.01 of the Revised Code is	92905
presented in this act as a composite of the section as amended by	92906
both Am. Sub. H.B. 283 and H.B. 471 of the 123rd General Assembly.	92907
The General Assembly, applying the principle stated in division	92908
(B) of section 1.52 of the Revised Code that amendments are to be	92909
harmonized if reasonably capable of simultaneous operation, finds	92910
that the composite is the resulting version of the section in	92911
effect prior to the effective date of the section as presented in	92912
this act.	92913

Section 148.14. * Section 5709.62 of the Revised Code is	92914
presented in this act as a composite of the section as amended by	92915
both Am. Sub. H.B. 283 and Sub. H.B. 27 of the 123rd General	92916
Assembly. The General Assembly, applying the principle stated in	92917
division (B) of section 1.52 of the Revised Code that amendments	92918
are to be harmonized if reasonably capable of simultaneous	92919
operation, finds that the composite is the resulting version of	92920
the section in effect prior to the effective date of the section	92921
as presented in this act.	92922

Section 148.15. * Section 5709.63 of the Revised Code is	92923
presented in this act as a composite of the section as amended by	92924
both Am. Sub. H.B. 283 and Sub. H.B. 27 of the 123rd General	92925
Assembly. The General Assembly, applying the principle stated in	92926
division (B) of section 1.52 of the Revised Code that amendments	92927
are to be harmonized if reasonably capable of simultaneous	92928
operation, finds that the composite is the resulting version of	92929
the section in effect prior to the effective date of the section	92930
as presented in this act.	92931

Section 148.16.  Section 5733.04 of the Revised Code is	92932
presented in this act as a composite of the section as amended by	92933
both Sub. S.B. 200 and Am. Sub. S.B. 261 of the 124th General	92934
Assembly. The General Assembly, applying the principle stated in	92935
division (B) of section 1.52 of the Revised Code that amendments	92936
are to be harmonized if reasonably capable of simultaneous	92937
operation, finds that the composite is the resulting version of	92938
the section in effect prior to the effective date of the section	92939
as presented in this act.	92940

Section 148.17.  Section 5735.05 of the Revised Code is	92941
presented in this act as a composite of the section as amended by	92942
both H.B. 612 and Am. Sub. H.B. 640 of the 123rd General Assembly.	92943
The General Assembly, applying the principle stated in division	92944
(B) of section 1.52 of the Revised Code that amendments are to be	92945
harmonized if reasonably capable of simultaneous operation, finds	92946
that the composite is the resulting version of the section in	92947
effect prior to the effective date of the section as presented in	92948
this act.	92949

Section 148.18.  Section 5735.23 of the Revised Code is	92950
presented in this act as a composite of the section as amended by	92951
both H.B. 612 and Am. Sub. H.B. 640 of the 123rd General Assembly.	92952
The General Assembly, applying the principle stated in division	92953
(B) of section 1.52 of the Revised Code that amendments are to be	92954
harmonized if reasonably capable of simultaneous operation, finds	92955
that the composite is the resulting version of the section in	92956
effect prior to the effective date of the section as presented in	92957
this act.	92958

Section 148.19. Section 5739.01 of the Revised Code was	92959
amended by Am. Sub. H.B. 524, Am. Sub. S.B. 143, and Sub. S.B.	92960
200, all of the 124th General Assembly. Comparison of these	92961
amendments in pursuance of section 1.52 of the Revised Code	92962
discloses that while certain of the amendments of these acts are	92963
reconcilable, certain other of the amendments are substantively	92964
irreconcilable. Am. Sub. H.B. 524 was passed on March 21, 2002;	92965
Am. Sub. S.B. 143 was passed on January 30, 2002; Sub. S.B. 200	92966
was passed on March 13, 2002. Section 5739.01 of the Revised Code	92967
is therefore presented in this act as it results from Am. Sub.	92968
H.B. 524 and Sub. S.B. 200 and such of the amendments of Am. Sub.	92969
S.B. 143 as are not in conflict with the amendments of Sub. S.B.	92970
200. The General Assembly, applying the principle stated in	92971
division (B) of section 1.52 of the Revised Code that amendments	92972
are to be harmonized if reasonably capable of simultaneous	92973
operation, finds that the composite is the resulting version of	92974
the section in effect prior to the effective date of the section	92975
as presented in this act.	92976

Section 148.19A.  Section 5741.01 of the Revised Code is	92977
presented in this act as a composite of the section as amended by	92978
Am. Sub. H.B. 524, Am. Sub. S.B. 143, and Sub. S.B. 200, all of	92979
the 124th General Assembly. The General Assembly, applying the	92980
principle stated in division (B) of section 1.52 of the Revised	92981
Code that amendments are to be harmonized if reasonably capable of	92982
simultaneous operation, finds that the composite is the resulting	92983
version of the section in effect prior to the effective date of	92984
the section as presented in this act.	92985

Section 148.19B.  Section 5743.45 of the Revised Code is	92986
presented Section 1 of in this act as a composite of the section	92987
as amended by both Am. Sub. H.B. 566 and Sub. H.B. 670 of the	92988
121st General Assembly. The General Assembly, applying the	92989
principle stated in division (B) of section 1.52 of the Revised	92990
Code that amendments are to be harmonized if reasonably capable of	92991
simultaneous operation, finds that the composite is the resulting	92992
version of the section in effect prior to the effective date of	92993
the section as presented in this act.	92994

Section 149. If any item of law that constitutes the whole or	92995
part of a codified or uncodified section of law contained in this	92996
act, or if any application of any item of law that constitutes the	92997
whole or part of a codified or uncodified section of law contained	92998
in this act, is held invalid, the invalidity does not affect other	92999
items of law or applications of items of law that can be given	93000
effect without the invalid item of law or application. To this	93001
end, the items of law of which the codified and uncodified	93002
sections contained in this act are composed, and their	93003
applications, are independent and severable.	93004